TERMS AND CONDITIONS OF SITE 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
    [back to top]

    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

    [back to top]