REIMART MEMBERSHIP SUBSCRIPTION AND BILLING AGREEMENT

(Revised and effective as of 8/23/11)

TREAD CAREFULLY. THIS MEMBERSHIP SUBSCRIPTION AND BILLING AGREEMENT (THE "AGREEMENT") IS A LEGALLY BINDING AGREEMENT BETWEEN YOU (“SUBSCRIBER”,"YOU" AND "YOUR") AND REIMART, LLC. ("REIMART," "WE," "US," OR "OUR"). THIS AGREEMENT SETS FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO YOUR SUBSCRIPTION TO THE REIMART MEMBERSHP SUBSCRIPTION AND BILLING SERVICE(S) THAT YOU HAVE SELECTED (THE "SUBSCRIPTION SERVICE(S)"). BY CLICKING THE "PROCESS TRANSACTION" BUTTON YOU ARE INDICATING THAT YOU HAVE READ THIS SUBSCRIPTION AND BILLING AGREEMENT (THE "SUBSCRIPTION AGREEMENT"), THAT YOU UNDERSTAND IT, AND THAT YOU CONSENT TO BE BOUND BY ALL OF ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS OF THIS SUBSCRIPTION AGREEMENT, YOU SHOULD STOP THE REGISTRATION PROCESS.

This Agreement is in addition to, and not in lieu of, the REImart TERMS AND CONDITIONS OF SITE USE to which you agree when you initially use the Site (as defined in the TERMS AND CONDITIONS OF SITE USE Agreement). By clicking the “Process Transaction” button, you not only agree to the terms set forth herein, but you reaffirm your consent to the TERMS AND CONDITIONS OF SITE USE. The TERMS AND CONDITIONS OF SITE USE is hereby incorporated by reference hereto and made a part of this Subscription Agreement. For purposes of this Agreement, "Activation Date" means, for each specific Subscription Service (as defined below) to which you have elected to subscribe, the date on which REImart first activates such Membership Subscription Service.

• A. ENROLLMENT IN THE SUBSCRIPTION SERVICES (MEMBERSHIP LEVELS DEFINED)
• B. REIMART’S “TRIPLE” GUARANTEES
• C. TERMS AND CONDITIONS OF WARRANTIES
• D. MEMBERSHIP PRIVILEGES
• E. CONSENT AND AUTHORIZATION
• F. TERM, FEES AND PAYMENTS
• G. METHODS OF PAYMENT AND CREDIT CARD TERMS
• H. UNAUTHORIZED CHARGES
• I. LATE PAYMENTS
• J. TAXES
• K. MODIFICATIONS TO MEMBERSHIP LEVELS, FEES OR BILLING TERMS
• L. TERMINATION
• M. CUSTOMER SERVICE
• N. YOUR ACCOUNT INFORMATION
• O. STOLEN ACCOUNT INFORMATION YOUR RESPONSIBILITY
• P. TECHNOLOGY LIMITATIONS
• 1. The "UNCONDITIONAL "ANY EXCUSE YOU WANT" 30 DAY MONEY BACK GUARANTEE" 30 day refund is subject to the following terms. To qualify, the membership kit must be returned in good condition within 30 days after receipt.
  2. The "LOWEST PRODUCT PRICE "SAVINGS" MONEY BACK GUARANTEE" is subject to the following limitations and conditions. To qualify, 1) you must be a Platinum Member and 2) the item must be the exact manufacturer's product which you purchased from us, 3) the item must be advertised on a verifiable website or printed literature of a viable company within 30 days before or after your purchase, and 4) the verifiable advertised price must be is less than what you paid REImart as a Platinum Member. Also, Lowest Product Price Savings Money Back Guarantee does NOT apply to Electronics… only to Cabinets and Flooring Products. Upon verification that these conditions are met, REImart will refund the difference of the competitor's price and REImart's (Platinum Level) Price and add another 10% of any price difference to the refund.
  3. The "ADDITIONAL ONE YEAR SAVINGS MONEY BACK GUARANTEE" is subject to the following terms and conditions. To qualify, at least two orders for kitchen cabinets must be placed during the year, each enough for an entire kitchen. Alternatively, provide orders for flooring and/or cabinets totaling $10,000 or more.
  1. Access to Rehabber tips and installation instructions
  2. The right to purchase products at below market price levels.
  1. Initial Subscription Payment. By subscribing to one of the Subscription Services, you agree that you will pay the applicable fee for the Membership Subscription Service to which you have elected to subscribe. Your subscription fee will automatically be charged to the credit card you designated as the credit card to be billed for your account. Alternately, you may pay this Initial Subscription Payment by e-check (EFT) or by using your Pay Pal account.
  2. Automatic Subscription Renewal. Monthly recurring Membership subscriptions will renew automatically unless you terminate your membership prior to your renewal date. When you sign up for an automatically renewing membership, your Subscription Service will continue month to month unless canceled. At the time of renewal, your credit card will be charged our then-current fee for your renewed Subscription Service, provided that if the fee for your renewal Subscription Service increases, we will notify you at your designated email address at least fourteen (14) days prior to renewal so that you have an opportunity to elect not to renew.
  3. Your Billing Date. Your credit card will be charged for the renewal of the Subscription Service to which you have elected to subscribe on your billing date ("Billing Date"). The Billing Date for your renewed Subscription Service shall be on the applicable anniversary of your Activation Date (e.g. six month anniversary, etc...) If, however, your Activation Date is on the 29th, 30th or 31st day of a month, and your Billing Date does not exist because there are fewer than thirty-one (31) days in the month payment is due, your Billing Date for that particular renewal will be on the last day of the month in which your Billing Date would otherwise be.
  4. No Refunds. Except as otherwise expressly set forth above, all fees and charges, including charges for automatically renewed Subscription Services, are nonrefundable. However, you may terminate the Subscription Service to which you have elected to subscribe at any time by clicking on the "Unsubscribe" option found under "My REImart Account".
  1. FOR INITIAL MEMBERSHIP: via VISA, MasterCard, American Express, PayPal, or E check . We do not accept cash, personal checks, or wires for your Initial Membership.
  2. FOR PRODUCT PURCHASES: via VISA, MasterCard, American Express, PayPal, E check plus wire transfers (subject to prior approval.) We do not accept cash or personal checks for your General Product Purchases.
  1. Termination By You. You may terminate your subscription to any of the Subscription Service(s) to which you have subscribed at any time by clicking on the "Unsubscribe" option found under "My REImart Account". Once you have terminated the Subscription Service to which you have elected to subscribe, we will stop billing your credit card until and unless you re-subscribe to a Subscription Service. All fees paid and charges made prior to termination as provided herein are nonrefundable, including any advance charge or payment for the subscription term during which you terminate the Subscription Service to which you have subscribed. Termination of such Subscription Service shall not relieve you of any obligations to pay accrued charges.
  2. Termination By Us. You agree that REImart, in its sole discretion, with or without prior notice, may freeze or terminate your user name, password or use of any Subscription Service(s) (or any part thereof) for any reason, including, without limitation, if REImart believes that you have violated or acted inconsistently with the letter or spirit of this Agreement or the TERMS AND CONDITIONS OF SITE USE . REImart may also in its sole discretion and at any time modify or discontinue providing any Subscription Service, or any part thereof, with or without notice. Further, you agree that REImart shall not be liable to you or any third-party for any interference with or termination of your access to any Subscription Service. Notwithstanding the foregoing, if REImart suspends or terminates your use of any Subscription Service(s) to which you have subscribed without cause it will (a) extend the term of such Subscription Service(s) by the amount of time such Subscription Service(s) was suspended or (b) refund a pro-rata amount based on the remainder of the term of such Subscription Service(s), as applicable.
  1. True and Complete. You agree to provide true, accurate, current and complete information about yourself and your billing information as prompted by the process of subscribing to a Subscription Service (such information being the "Account Information").
  2. Updating Your Account Information. You may update any of your Account Information, designate a different credit card to be billed, or change the applicable expiration date on your currently designated credit card, by clicking on the My REImart Account button on the primary navigation bar of the home page of REImart.com and selecting the edit link.
  3. Our Use of Account Information. We shall treat all of your Account Information in accordance with our PRIVACY POLICY.

A. ENROLLMENT IN THE SUBSCRIPTION SERVICES (MEMBERSHIP LEVELS DEFINED) Currently you may purchase a subscription to one of the following Membership Level services (each, a "Subscription Service"):

SILVER MEMBERSHIP. This is our basic (“entry level”) Membership Plan. It entitles you to take advantage of product discounts at bargain rates.

GOLD MEMBERSHIP. This is our intermediary (“preferred”) Membership Plan. It entitles you to benefit from deeper discounts at amazing bargain rates.

PLATINUM MEMBERSHIP. This is our highest (“Premium”) Membership Plan. It entitles you to the very deepest discount rates. In addition, it includes a best product price anywhere guarantee. If you find a product we sell you at a better price, we will pay you the difference PLUS 10%. (See below for certain limitations and conditions that apply)

We at REImart believe you will not find better prices anywhere at ANY of our Membership levels and offer two Guarantees for all Membership Levels with a third “OVER THE TOP” one (as noted) for the Platinum Membership level.

B. UNAUTHORIZED USE OF SITE. We may withdraw your permission to use or access this Site should you make or permit others to use the Site in any unauthorized way. We reserve the right to prosecute all violators to the fullest extent of the law. [back to top]

C. TERMS AND CONDITIONS OF WARRANTIES Money Back Guarantees are subject to certain terms and conditions as follows:

TO REQUEST A REFUND, send copies of your receipts, your name, your company name, your address and phone number. Also specify which guarantee applies to your request. After verification of your purchases against your membership fees, a refund will be sent. For our "Lowest Product Price" guaranty, provide verifiable proof of competitor's pricing. REImart reserves the right to refuse any returns or refunds if all terms and conditions explained are not met, as determined solely by REImart.

Please allow 45 to 60 days for refunds to be processed.

Send all returns and/or refund requests to:

REImart, LLC – REFUNDS
519 S Orem Blvd
Orem, UT 84058

Note: Any memberships cancelled or terminated by REImart, LLC for failure to pay or violating our general Terms and Conditions of Use do not qualify for these guarantees.

D. MEMBERSHIP PRIVILEGES "Membership Subscriptions" ("REImart Subscriber") provides instant, unlimited access to REImart's online website ("Site") granting the Subscriber

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E. CONSENT AND AUTHORIZATION By subscribing to any Subscription Service, you hereby represent to us that you consent to and are authorized to use the credit card you submit for payment on an ongoing basis. You may make changes to your subscription including address and contact information as well as change payments methods and updating payment options by accessing "My REImart Account" [back to top]

F. TERM, FEES AND PAYMENTS

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G. METHODS OF PAYMENT AND CREDIT CARD TERMS We accept payments via the following methods:

Your card issuer agreement governs your use of your designated credit card, and you must refer to that agreement and not this Agreement to determine your rights and liabilities as a cardholder. YOU, AND NOT REIMART, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY, WHICH WERE NOT AUTHORIZED BY YOU. You agree to pay all fees and charges incurred in connection with the card to which you have elected to use (including any applicable taxes) at the rates in effect when the charges were incurred. If REImart does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by REImart. [back to top]

H. UNAUTHORIZED CHARGES Unless you notify REImart in writing of any discrepancies or unauthorized charges within sixty (60) days after they first appear on your credit card statement, they will be deemed accepted by you for all purposes, including resolution of inquiries made by your card issuer. You release REImart from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to REImart in writing within sixty (60) days of its first appearance on an invoice or credit card statement. [back to top]

I. LATE PAYMENTS Your account may be deactivated without notice to you if payment is past due, regardless of the dollar amount. You agree to pay any outstanding balance in full within thirty (30) days of cancellation or termination of your subscription to the applicable Subscription Service(s).[back to top]

J. TAXES You are responsible for paying any governmental taxes imposed on your use of the Subscription Service(s), including, but not limited to, sales, use or value-added taxes. However, whenever required by law, REImart will add the appropriate tax to any order. [back to top]

K. MODIFICATIONS TO MEMBERSHIP LEVELS, FEES OR BILLING TERMS REIMART RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS MEMBERSHP LEVELS AND/OR SUBSCRIPTION FEES AND BILLING METHODS, INCLUDING THE ADDITION OF SUPPLEMENTAL FEES OR SEPARATE CHARGES FOR CONTENT, OR SERVICES PROVIDED BY REIMART, EFFECTIVE UPON FOURTEEN (14) DAYS NOTICE TO YOU AT YOUR DESIGNATED EMAIL ADDRESS. If any such change is unacceptable to you, you may terminate the Subscription Service to which you have elected to subscribe at any time by clicking on the "Unsubscribe" option found under "My REImart Account". YOUR CONTINUED USE OF THE SUBSCRIPTION SERVICE(S) FOLLOWING THE EFFECTIVE DATE OF A CHANGE TO FEES OR BILLING METHODS SHALL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGE. [back to top]

L. TERMINATION

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M. CUSTOMER SERVICE You understand and agree that REImart is solely responsible for all customer service, help, billing and account issues related to the Subscription Service to which you elected to subscribe. Neither your ISP, nor any third party website through which you may have accessed any Subscription Service, nor any manufacturer, dealer, or distributor that provide services or products to REImart is responsible for customer service, help, billing and account issues related to your subscription. You agree not to direct any questions, requests for assistance, or inquiries about any Subscription Service to your ISP, to any third party website through which you may have accessed any Subscription Service, or to any of merchants or businesses that provide services or products to REImart.[back to top]

N. YOUR ACCOUNT INFORMATION

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O. STOLEN ACCOUNT INFORMATION YOUR RESPONSIBILITY You are solely and entirely responsible for maintaining the confidentiality of your password and for any and all activities that occur under your account. If you believe someone has accessed your account using your user name and password without your authorization, it is your responsibility to immediately notify us at Support@REImart.com and set up a new username and password by clicking on the My REImart Account button on the primary navigation bar of the home page of REImart.com and selecting the Edit Registration Info link. REImart will not be liable for any loss or damage arising from unauthorized use of your username and password. [back to top]

P. TECHNOLOGY LIMITATIONS We recommend that you use REImart with Microsoft Windows Operating Systems and Internet Explorer Version 5.5 or later. Internet connection speed will determine how rapidly pages with photographs load to your browser.

REImart will make reasonable efforts to keep your account and the Subscription Service(s) operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. We will make reasonable efforts to notify you at least twenty four (24) hours in advance of any downtime that we anticipate in advance will exceed one hour. [back to top]

TERMS AND CONDITIONS OF USE

(Last updated and effective 8/17/11)

THANK YOU FOR VISITING OUR WEBSITE AT WWW. REIMART.COM. YOU ARE ADVISED TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. YOUR USE OF THIS SITE (THE “SITE”) IS CONDITIONED ON YOUR CONSENT TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ANY PART OF OUR SITE TERMS, POLICIES AND CONDITIONS, YOU ARE NOT AUTHORIZED TO USE THIS SITE. ANY BREACH OF USE WITHOUT SUCH CONSENT MAY BE PUNISHABLE BY LAW. REIMART, LLC (“REImart”) RESERVES ALL RIGHTS TO PROSECUTE ANY VIOLATORS FOR ANY VIOLATIONS HEREIN. THE FOLLOWING LINKS PROVIDE DETAILED INFORMATION OF OUR TERMS AND CONDITIONS OF SITE USE:

• A. SITE ACCESS AND RESTRICTIONS
• B. UNAUTHORIZED USE OF SITE
• C. CONTENT SUBMISSIONS
• D. CONDUCT AND INDEMNIFICATION
• E. ENFORCEMENT
• F. PASSWORDS AND SECURITY
• G. CONSENT TO UNENCRYPTED EMAIL COMMUNICATION
• H. INTELLECTUAL PROPERTY RIGHTS
• I. HYPERLINKS
• J. WEBCASTS
• K. MEMBERSHIPS
• L. CHILDREN
• M. ADDITIONAL POLICIES AND TERMS
• N. CHANGES, MISPRINTS, SUBSTITUTIONS, ERRORS AND CANCELLATIONS
• O. SALES TAX
• P. DISCLAIMERS
• Q. LIMITATION OF LIABILITY
• R. JURISDICTIONS AND AUTHORITIES
• S. APPLICABLE LAW, VENUE AND LIMITATION OF ACTIONS
• T. LEGAL EQUIVALENCY
• U. SEVERABILITY
• V. WAIVERS
• W. RIGHT TO MODIFY TERMS
• X. HOW TO CONTACT US
  1. Your Information. If you register on this Site, you agree that any information you provide us will be accurate, complete and represent your true legal identity.
  2. Other Content by you. You agree that any “submissions” of any nature (whether questions, comments, suggestions, ideas, information, drawings or creative materials or any other media) sent to us via email or by any other means are non-confidential (i.e. not subject to our Privacy Statement and Privacy Laws of the Land) and that you remain solely responsible and liable for such. By submitting such, you further grant (and warrant that the legal owner of the Submissions has granted) to us and our assigns a perpetual, irrevocable, unrestricted, assignable, right and license to use, modify, copy, reproduce, publish, distribute, display and exploit in any commercial gain or other purpose, with no remuneration (royalty-free), using any media, means or technology now known or later to be developed, without any liability whatsoever and free from any restrictions of confidentiality, and that you irrevocably waive all “moral rights” (“droit morale”) to it in favor of us and our assigns.
  3. Content by others. All information, data, text software, music, sound, photographs, graphics, video, messages, products, services, and other materials posted to the Site by other users are the sole responsibility of the person by whom the content was posted. By using this site, you may be exposed to content that is offensive, indecent or objectionable. REImart will not be responsible or liable in any way for any such content, whether posted on this website directly, or on its servers, or on the servers of any third party resulting from a hyperlink or reference from this site.
  4. Restrictions. You agree you will not upload, distribute, promote or publish through this Site any message (by any means, content or medium) that is illegal, unlawful, libelous, defamatory, obscene, vulgar, pornographic, suggestive, lewd, indecent, harassing, threatening, intimidating, harmful, tortuous, abusive, inflammatory, hateful, racially, religiously or ethnically objectionable, invasive of another’s privacy (including by not limited to posting another’s address, email, phone number or any other contact information without the written consent of the owner of such information), or otherwise objectionable in any way, form, or shape. Also you agree you will not impersonate any person, entity or party or otherwise misrepresent your affiliation with a person or entity or party. Nor will you submit or transmit any content that would be unlawful, illegal, or encourage the commission of a criminal offense (of any jurisdiction.) You many not submit any content that my infringe any patent, trademark, trade secret, copyright, etc. Nor may you use or place any advertisement content (whether for gain or charity), make solicitations of any nature, spam or disseminate any kind of harmful content such as viruses, worms and the like or interfere with, intercept or disseminate any data or personal information from or about this site, nor interrupt this site, its servers, its networks, its employees or business in any manner, form, or by any means.
  5. REImart reserves the right to remove, strike, or censor any content we feel is offensive or inappropriate in any way at our sole discretion. However REImart has no obligation to restrict or monitor activity or submissions and will not be held liable or accountable to do so or failure to do so. [See also ENFORCEMENT] [back to top]

A. SITE ACCESS AND RESTRICTIONS. REImart grants you the right to make personal use of the Site. As such you are granted a limited, nonexclusive, nontransferable license to access the Site and its contents in accordance with our terms. Such grant does not, however, include the right to any resale or commercial use of this Site or the right to modify, adapt, decompile, disassemble, reverse engineer, or convert into any human readable form any of the Site materials. Nor do we grant you the right to copy, reproduce, distribute post, publish or download or transmit any Site materials (including REImart trademarks or copyrights) in any form or by any means except as otherwise authorized. Nor do we grant you right to collect or use any product listings or descriptions, copy the Site or any Site Materials (or in any format, whether html, text, graphics, photos, design forms, website layout, etc). You are, likewise, restricted from using any meta tags or any other “hidden text” utilizing our name, product names, or trademarks without our express written consent. [See also INTELLECTUAL PROPERTY RIGHTS ] [back to top]

B. UNAUTHORIZED USE OF SITE. We may withdraw your permission to use or access this Site should you make or permit others to use the Site in any unauthorized way. We reserve the right to prosecute all violators to the fullest extent of the law. [back to top]

C. CONTENT SUBMISSONS.

 

D. CONDUCT AND INDEMNIFICATION. You are solely liable for your conduct on this site, whether with respect to submissions (as noted above) or any unlawful or illegal activity. As such, by your use of this site, you consent to indemnify and hold REImart harmless along with its parents, subsidiaries, affiliates, employees, agents and representatives from any action, claims, losses, damages, liabilities, costs, expenses or demands of any nature (including attorney fees) made or incurred by any third part arising out of or relating to your conduct, whether direct or indirect. Any violations of a third party on your behalf on this Site will be considered violations of Site terms by you and dealt with accordingly. If you (directly or otherwise, by consent or not) allow another person or party access this Site using your account, you will be held responsible and liable for any breaches or damages. If you feel someone has stolen or has access to your account login or other personal data, you are responsible to contact us immediately (and any other agency such as financial institutions and/or law enforcement agencies as may be appropriate.) email to Security@REImart.com or phone 801-224-8888. [back to top]

E. ENFORCEMENT. Access to this Site is permitted only in accordance to all Site Terms and Conditions. We have the right, but not the obligation, to monitor any activity and Content associated with forums and interactive areas on this Site. We reserve the right to access at any time and use for any lawful purpose information stored on our systems, including the content of emails or other communications to enforce the terms of this Site. We may also disclose such information to any third party including law enforcement agencies to protect our rights and property as well as that of others in response to legal process or in a good faith belief that such disclosure is justified or required in an emergency situation. We may investigate any reported complaints or violation of our Terms of Use, Policies and Conditions. We reserve the right to take any action we deem appropriate and will suspend or terminate your access and use of the Site and related services at any time, with or without warning, and block, edit or remove an communication or submissions that REImart believes may violate applicable law, the Site terms or other parties rights. Should REImart exercise such actions from time to time to enforce any conditions or terms shall not constitute the responsibility or liability to refrain or take no action in other situations. [back to top]

F. PASSWORDS AND SECURITY. If you use a password to access this Site, you hereby agree that you will assume all responsibility for protecting and maintaining the confidentiality of it, for restricting access to it and to your computer. We strongly encourage you to change your password regularly to prevent unauthorized access. DO NOT REVEAL YOUR LOGIN, PASSWORD OR OTHER ACCOUNT INFORMATION TO OTHERS UNLESS IT IS YOUR INTENT THAT THEY ACT AS AGENT FOR AND ON BEHALF OF YOU. DO SO WITH CAUTION AS YOU ARE RESPONSIBILITY FOR ALL ACCESS AND ACTIVITIES THAT OCCUR ON YOUR ACCOUNT OR WITH YOUR PASSWORD. REImart may rely on the authority of anyone accessing your account and you HEREBY AGREE that in no event will REImart be held liable to you for any liabilities or damages resulting from such whatsoever. IF YOU FEEL THE CONFIDENTIALITY OF YOUR ACCOUNT OR PASSWORD HAS BEEN COMPROMISED IN ANY MANNER, NOTIFY REIMART AT ONCE at Security@REImart.com or phone 801-224-8888. REImart reserves the right to take any and all action as it deems necessary or reasonable to maintain the security of the Site and your account, including the right to terminate your account, change your password or request information to authorize transactions on your account. If we do so, we will promptly notify you (except in certain cases as noted in the ENFORCEMENT clause herein.) REImart takes seriously the protection of your account and the Site. However REImart cannot protect your information outside the Site. [back to top]

G. CONSENT TO UNENCRYPTED EMAIL COMMUNICATION. When you visit this website and check boxes or fill our forms or send email to us, you are communicating with us electronically. While sensitive data is encrypted on our Site, emails are not Hereby you are consenting to receive communications from us electronically in unencrypted format. We do not send personal and sensitive financial information in emails unless you request us to but other responses may be in an unencrypted format. You acknowledge herein that unencrypted email sent over the internet is not secure and may be read by others. Furthermore you acknowledge that emails sent in this manner are not stored in a secure manner but hereby consent to the same and agree to waive any claims against REImart or its representatives or affiliates and will hold us harmless for any third party theft or misuse of such information. [back to top]

H. INTELLECTUAL PROPERTY RIGHTS. ALL Site materials (design, content, text, organization, graphics, images, elements and their arrangement, etc) are owned by REImart and others and are protected by U.S. and international copyright, trademark and other laws. REImart, REImart, LLC and their related logos, marks, designs are either trademarks or registered trademarks of REImart, LLC. Also certain patents may apply to this Site. ALL RIGHTS ARE RESERVED. No unauthorized use, replication, image, or rendering or imitation of same may be made or used, in whole or in part, without the prior written permission of REImart, LLC. All other trademarks, registered trademarks, patents, product and company names or logos on Site are the property of their respective owners and cannot be used without their express permission. You are granted permission to copy and print to hard copy portions of this Site for the sole purpose of using materials it contains for personal use only, with the restriction that you keep intact all copyright and other proprietary notices. Any other use of the materials, whether informational or commercial is strictly prohibited. No portions of this Site may be copied, duplicated, reproduced, modified, distributed, publicized, downloaded, posted, displayed, or transmitted for any other use than expressly stated herein, without specific prior written permission of REImart. You may not, without our prior written permission, mirror or frame any material contained on this Site on any other server. You are not granted any right or license by implication, estoppels, or otherwise in or under any trademark, patent, copyright or proprietary right of REImart or any third party. If you are aware of any copyright infringements we ask you to notify us at Legal@REImart.com or contact us at our physical address:

Legal Department
REImart, LLC
519 S Orem Blvd
Orem, UT 84058
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I. HYPERLINKS. You are granted a limited right to create a hypertext link to the home page only of this Site provided such link does not portray REImart or any of its products and services in a false, misleading, derogatory, or otherwise defamatory manner. We reserve the right to revoke this privilege at any time, for whatever reason. You may not use, frame or utilize framing techniques to enclose any REImart trademark, logo or other proprietary information, including the images found in this Site without prior written express permission. All other linking is prohibited without prior consent. REImart makes no claim or representation regarding the quality, fitness, content, or reliability of web sites accessible by hyperlink from this Site, or third party web sites linking to this Site and accordingly will not be held responsible for any such. These third party websites are responsible for their own content and REImart will not be held responsible for the content or the hyperlinks, whether the link is intentional or in error on our part. We suggest you carefully review the terms of use you choose to access from our Site. [back to top]

J. WEBCASTS. Occasionally REImart may disseminate information to the public via webcasts or other media for conference calls. Unauthorized recording or downloading of these is prohibited without express prior written authorization of REImart. [back to top]

K. MEMBERSHIPS. Your membership, if applicable, and at whatever level (whether silver, gold, or platinum) is personal to you and your business. If the membership is in an individuals’ name, it may be used, when authorized by you, by companies that you personally have a legal interest in of 10% or more. If it is in the name of your company, any owner, agent, employee of your company may use the account for legitimate purposes relating to the business of your company (within any existing terms and conditions as exist now or as may be revised from time to time by REImart). YOU are accountable to see that all personal, private and confidential information is secured and maintained within your business. REIMART WILL NOT BE HELD ACCOUNTABLE FOR ANY LOSSES OR MISUSE OF YOUR ASSETS OR DATA OR OTHER INFORMATION BY OTHERS THAT OBTAIN ACCESS TO YOUR ACCOUNT. We strongly encourage you to consult your legal and financial advisors on how to best maintain control of your account. Likewise, we suggest you change your password and any other appropriate contact information whenever someone leaves your employ or you have cause to be concerned. Memberships are exclusive to you and/or your company and are non-transferable. You may not share, rent, sell, lend, lease, trade, barter, sublicense, assign, transfer or grant rights in any manner to your Membership account in any manner. REImart enforces this policy carefully. ANY ABUSE OF THIS POLICY WILL BE CAUSE OF IMMEDIATE TERMINATION OF YOUR MEMBERSHIP WITHOUT REFUND. If you have any questions as to authorized use of your account we suggest you contact Memberships@REImart.com or call 801-224-8888 and ask for our Membership Department for clarification. [back to top]

L. CHILDREN. This Site is intended for the use of adults only. No one under the age of 18 may use this Site without the direct supervision and involvement of a parent or guardian. No one under the age of 18 may register for a membership with REImart. By accepting this agreement, you are agreeing to be responsible for adherence to the terms and conditions and use of this website by any minors in your household. [back to top]

M. ADDITIONAL POLICIES AND TERMS. Additional policies and terms to use of this Site and to the purchase of Merhandize and Services are included herein. By accepting these TERMS AND CONDITIONS OF USE, you agree to understand and be responsible to abide by all additional polices and terms, including, but not limited to the terms at Shopping REImart. REImart likewise provides and encourages you to read our Privacy Statement that explains how we collect and use information. [back to top]

N. CHANGES, MISPRINTS, SUBSTITUTIONS, ERRORS AND CANCELLATIONS. Unless otherwise where prohibited by law, we reserve the right to change or discontinue any goods and services advertised or offered for sale through this Site; also any prices or specifications of such goods and services, any promotional offers, and any other Site materials at any time and without any notice or liability to you or any other person or party. We cannot guarantee that goods or services advertised or offered for sale on this Site will be available when ordered or thereafter. We reserve the right to limit quantities sold or made available for sale. While we make an effort to provide accurate information, we do not warrant that the Site materials (including product descriptions, photographs or specifications) are accurate, complete, reliable, current or error-free. We reserve the right to substitute, cancel, or terminate or not process orders (included accepted orders where the price or other material information on this site is inaccurate or when we recognize abuse of our policies. If we do not process an order for such reason, we will notify you that the order has been cancelled and will either not charge you or will process a credit to the payment type used in the order, or provide any other reasonable means to make a refund. [back to top]

O. SALES TAX. Where required to do so, we collect sales tax on merchandise and add it to the purchase price. In the event an error were to be made in our calculations, you have up to two years from the date of your purchase to contact us for a refund of any tax overages. This right to a refund is your exclusive remedy for sales tax errors. [back to top]

P. DISCLAIMERS. THIS SITE, AND ALL PRODUCTS HEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND (EXPRESS OR IMPLIED.) REIMART DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMTED TO FITNESS FOR ANY PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, AND NON-INFRINGEMENT WITH RESPECT TO THE SITE, MATERIALS, CONTENT, SERVIES AND PRODUCTS ON THIS SITE. REIMART DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. REIMART IS NOT LIABLE FOR TYPOGRAPHICAL ERRORS OR OMISSONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. While REImart tries to provide current and accurate information and via safe means, REIMART CANNOT AND DOES NOT REPRESENT THAT THIS SITE OR ITS SERVERS WILL BE ERROR-FREE, UNINTERRUPTED, FREE FROM UNAUTHORIZED ACCESS (THIRD PARTY HACKERS, ETC), VIRUSES OR OTHER HARMFUL COMPONENTS OR CONTENTS TO EQUIPMENT OR SOFTWARE. EVEN IF REIMART OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, YOUR USE AND/OR PARTICIPATION OF THIS SITE AND RELATED LINKS IS WITH THIS EXPRESS UNDERSTANDING. DOWNLOADING OR ACCESS FROM OR THROUGH THIS SITE IS AT YOUR SOLE RISK. [back to top]

Q. LIMITATION OF LIABILITY. IN NO EVENT SHALL REIMART BE LIABLE FOR ANY DIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INDLCUING BUT NOT LIMTED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT OMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THIS SITE OR THE MATERIALS CONTAIN IN, OR ACCESSED THROUGH, THIS SITE. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF REIMART (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMTED TO NEGLIGENCE) PRODUCT LIABILTY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF THIS SITE EXCEED $10 OR THE COMPENSATION YOU PAID REIMART, WHICHEVER IS LESS. [back to top]

R. JURISDICTIONS AND AUTHORITIES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSIONS AND DISCLAIMERS OF CERTAIN IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF SO, SUCH PROVISIONS OF THIS SITE INCLUDING THE AFORGOING UNDER LIMITATION OF LIABILITY MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS TO THOSE CONTAINED HEREIN. This Site is operated by a U.S. entity and is governed by state and federal laws of the United States. The laws of your jurisdiction may be more or less strict than the laws that apply to this Site. You are responsible for compliance with the laws of your jurisdiction. As we do not currently conduct business outside the confines of the continental United States, the use of this site is meaningless to countries other than the United States. [back to top]

S. APPLICABLE LAW, VENUE AND LIMITATION OF ACTIONS. All terms and conditions herein shall be governed by and construed in accordance with the laws of the State of Utah applicable to agreements made and entirely to be performed within Utah, without giving effect to conflict of law principles or provisions. Regardless of where you access this Site, you agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed and adjudicated only in the federal or state courts located in or jurisdictions related to the City of Orem, County of Utah, State of Utah, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding arising out of these terms and conditions. [back to top]

T. LEGAL EQUIVALENCY. This electronic document along with any other electronic documents, policies, terms, conditions and guidelines incorporated in the Site shall be deemed for all purposes to be a “writing” or “in writing” and in compliance with all statutory, contractual and other legal requirements for a writing. As such they constitute a legally enforceable “as if signed writing” against the parties subject to the electronic documents and deemed as an “original” when printed from electronic records established and maintained in the ordinary course of business. These electronic documents may be introduced as evidence in any judicial, arbitration, mediation proceeding and shall be admissible to the same extent as business records in written form that are similarly established and maintained. [back to top]

U. SEVERABILITY. If any provision of the Site Terms and Conditions of Use (or related Policies and Terms) is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of these Site terms and shall not affect the validity and enforceability of any remaining provisions. [back to top]

V. WAIVERS. No waiver, express or implied, by either party of any breach of or default under these Site terms will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default. [back to top]

W. RIGHT TO MODIFY TERMS. REImart reserves all rights to modify or cancel these Site Terms or any other Terms, Policies and Conditions at our sole discretion at any time and without advance notice. If we make changes, we will post the new terms on the Site either via this document or in related documents. Any such changes or modifications will be effective immediately upon posting on the Site, unless otherwise stated, and your use of the Site following the posting will constitute your acceptance of the new Terms. [back to top]

X. HOW TO CONTACT US. You may reach our Customer Service using the following means:

1. Phone: 1-801-224-8888 or Toll free at 1-888-637-8633

2. Email us service@REImart.com

3. Write us at:

Customer Service

REImart, LLC

519 S Orem Blvd

Orem, UT 84058

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