[Last Updated June 7, 2018]
Your access and use of the Sites and the products and/or services made available to you through the Sites (collectively referred to hereinafter as “Services”) are subject to these Terms. Please review the Terms carefully before accessing and using the Sites and/or Services. BY ACCESSING, VIEWING, TRANSMITTING, CACHING, STORING, AND/OR USING THE SITES AND/OR SERVICES YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS THEN DO NOT ACCESS OR USE THE SITES AND/OR SERVICES.
If you use the Sites or any of the Services available through the Sites on behalf of a third party, you represent and warrant to us that you have the power and authority to bind that third party to these Terms and all references to “you” or “your” and words of similar meaning will include that third party.
As part of the registration process, you may be asked to select a username and password. You are entirely responsible for maintaining the security and confidentiality of your Account and password. YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You agree to notify Our Revolution immediately of any unauthorized use of your Account or any other breach of security related to your Account. Our Revolution will not be liable for any loss that you may incur as a result of someone else using your password or Account, either with or without your knowledge. However, you may be held liable for any losses incurred by Our Revolution or another party due to someone else using your Account or password.
Our Revolution reserves the right not to accept and process orders that do not comply with our business policies and/or vendor agreements. Products ordered on the Sites may be subject to shipping limitations such as shipping only to physical addresses located in the United States, or no shipping to P.O. boxes or APO/FPO addresses, and applicable limitations will be noted in connection with available Items or during the purchasing process. All Services are provided subject to applicable state and local laws. The Sites and/or Services are not directed towards, or intended for use by, anyone under the age of twenty-one (“Minors”). You hereby agree not to make the Services available to Minors. IF YOU ARE UNDER 21 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE SERVICES AT ANY TIME OR IN ANY MANNER.
All orders are subject to acceptance by Our Revolution or its authorized vendors or affiliates and product availability. By submitting a purchase request to Our Revolution for any product you represent and warrant that all information submitted to Our Revolution in connection thereto is complete and accurate. At Our Revolution’s discretion, purchase requests will be processed but Our Revolution reserves the right not to accept your purchase request in its sole discretion. In such case, Our Revolution will inform you by email.
Prices (if any) indicated on each product page are exclusive of applicable taxes. Prices are subject to change. However, such changes will not impact the price or the description of the products for which you have already submitted a purchase request.
You may pay for your order using the payment methods available on the Sites. The price for the purchase of products and the corresponding costs for shipping, delivery, and/or tax, as indicated by Our Revolution, may be charged to your chosen payment method. You agree to pay Our Revolution (or our authorized vendors or affiliates) in full as identified in the purchase process via the Sites. To ensure that your credit or debit card is not being used without your consent, Our Revolution (or our authorized vendors or affiliates) may validate your name, address, and certain other personally identifiable information supplied by you in placing the order. Our Revolution reserves the right to implement any additional and/or other payment security system from time to time.
The appearance of products displayed on the Sites may not exactly correspond to actual products in terms of image, dimensions, and color depending on your Internet browser and/or your monitor quality.
Refunds, for whatever reason, of any payment to be received by you will take place using the same method of payment you chose during the check-out procedure and cannot be amended after your order has been placed. Our Revolution will not be responsible for any delays beyond its control, including without limitation delays caused by the method of payment/refund or those attributable to the card issuer or delays in shipment or delivery.
Generally, we are not able to approve a return for a non-defective item, and some items are not returnable in any case, due to their nature. This is typically noted on the product page. However, there are some exceptions. Please do not open the product if you do not plan to keep the item you purchased. If you decide to return an opened product, we typically cannot take it back. If an exception is made, we charge a fifteen percent (15%) restocking fee.
For any returns, we do not credit back any shipping charges paid on the original order and do not pay or reimburse for any return shipping back to us.
Any right of withdrawal or returns must comply with the terms set forth herein.
The Site and Services (including but not limited to all information, software, code, algorithms, database, text, displays, images, video and audio, logos, trademarks, buttons icons, images, pictures, graphics, information, and content, and the design, selection and arrangement thereof) (collectively referred to as “Content”) are owned by Our Revolution and its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws, and, as between Our Revolution and you, as you hereby acknowledge, are exclusively owned and/or controlled by Our Revolution. UNAUTHORIZED USE, MODIFICATION, REPUBLISHING, TRANSMITTING, DISTRIBUTING, OR DUPLICATING OR ANY OTHER MISUSE OF THE SITES, SERVICES, OR CONTENT IS PROHIBITED.
Our Revolution grants you a limited, personal, non-transferable, non-sublicensable, revocable license to access the Sites and use the Services as expressly permitted by these Terms and in compliance with all applicable laws, rules, and regulations and any agreements or terms with third parties to which you are subject. Except for this limited license, Our Revolution does not grant you any other rights or license with respect to the Sites, Services, or Content. Our Revolution reserves all rights not expressly granted herein. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any Content, except as follows:
You may not conduct any of the following:
Use any robot, spider, other automatic device, or manual process to monitor the Sites or Services;
Submit false or misleading information to Our Revolution;
Transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material; any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law; or for any other purpose that is unlawful or prohibited by these Terms;
Use or access the Sites or Services in any way that, in our reasonable judgment, adversely affects the performance or function of the Sites or Services or any other computer systems or networks used by Our Revolution;
Upload or transmit to the Sites or Services or use any device, software or routine that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that may damage, interfere or attempt to interfere with, intercept, the normal operation of the Sites or Services;
Disguise the origin of the information transmitted through the Sites or Services or to Our Revolution;
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others made available to you through the Sites or Services;
Use the Sites or Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
Restrict or inhibit any other user from using and enjoying the Sites or Services;
Modify copies of any materials obtained from the Sites.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Sites.
You may not link to the Sites from any web site that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts or that is otherwise inappropriate in Our Revolution’s sole discretion.
Attack the Sites or any portion thereof via a denial-of-service attack or a distributed denial-of service attack.
Attempt to bypass methods Our Revolution may use to prevent or restrict access to the Sites or Services.
Otherwise attempt to interfere with the proper working of the Sites or Services.
Harvest or otherwise collect information about others, including e-mail addresses; or
Violate any applicable laws or regulations.
Further, you agree not to post, upload to, transmit, distribute, store, create, or otherwise publish through our Sites or Services any of the following content or information:
No right, title or interest in or to the Sites, Services, Content, or any portion thereof, is transferred to you, and all rights not expressly granted are reserved by Our Revolution. Any use of the Sites, Services, or Content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. If you wish to make any use of material on the Sites other than as set out in this section, please address your request to email@example.com.
You will retain ownership rights you have in content or information you provide to Our Revolution, provided that you grant to Our Revolution a perpetual, worldwide, irrevocable, non-exclusive license, without compensation or payment, to use such in any manner in connection with Our Revolution in accordance with these Terms. You further grant Our Revolution the right to use your name, nickname, social media username, image, portrait, photograph, likeness and/or voice (collectively, your “Likeness”) in connection with the same and in accordance with these Terms. You warrant and represent any content or information you provide to Our Revolution is accurate, lawful, not harmful to Our Revolution or others, and not an infringement of the rights of others, and you agree to indemnify and hold Our Revolution harmless from any claims against Our Revolution to the contrary.
Our Revolution may allow posting of comments on its Sites. Any user failing to comply with the Terms may be expelled from and refused continued access to, the ability to post comments in the future. Our Revolution or its designated agents may remove or alter any user-created content at any time for any reason. Information and content posted within these public forums may be provided by Our Revolution, Our Revolution’s outside contributors, or by users not connected with Our Revolution, some of whom may employ anonymous user names. Our Revolution expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information, or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, employees, or representatives be liable for any loss or damage caused by your reliance on information obtained through these posted comments. The opinions expressed in these comments are solely the opinions of the participants, and do not reflect the opinions of Our Revolution or any of its subsidiaries or affiliates.
Our Revolution has no obligation whatsoever to monitor any of the content or postings on the comment section on the Sites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post, or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process, or governmental request and to protect ourselves, our clients, sponsors, users, and visitors.
You agree that Our Revolution has expended significant monetary resources to develop, maintain, and host the Sites and Services, and that monetary damages would be inadequate to compensate Our Revolution for any violation of these Terms. Accordingly, you agree and acknowledge that any such violation or threatened violation will cause irreparable injury to Our Revolution and that, in addition to any other remedies that may be available, at law, in equity, or otherwise, Our Revolution will be entitled to obtain injunctive relief against the actual or threatened violation of these Terms without the necessity of posting a bond or proving actual damages to Our Revolution.
THE SITES AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. OUR REVOLUTION MAKES NO REPRESENTATIONS ABOUT THE AVAILABILITY OF THE SITES OR SERVICES. OUR REVOLUTION DISCLAIMS TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHER, TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, YOU HEREBY RELEASE OUR REVOLUTION FROM ANY AND ALL CLAIMS OR LIABILITY RELATED TO THE SITES OR SERVICES. THE FUNCTIONS, MATERIALS AND CONTENT MADE AVAILABLE THROUGH THE SITES OR SERVICES ARE NOT WARRANTED TO BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, AND OUR REVOLUTION MAKES NO WARRANTY THAT THE INFORMATION, SITES, SERVICES, OR CONTENT WILL BE ACCURATE, CURRENT OR RELIABLE OR THAT THE QUALITY OF ANY PRODUCTS, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES OR SERVICES WILL MEET YOUR EXPECTATIONS. OUR REVOLUTION DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR CONTENT. YOU ASSUME THE ENTIRE RISK OF LOSS AND DAMAGE DUE TO YOUR USE OF THE SITES AND/OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AND AS A CONSEQUENCE SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU. IN JURISDICTIONS WHERE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT PERMITTED, OUR REVOLUTION’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
YOU ACKNOWLEDGE AND AGREE THAT OUR REVOLUTION, ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, AND AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOSSES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH YOU MAY INCUR IN CONNECTION WITH THE USE OF THE SITES AND/OR SERVICES, OR YOUR INABILITY TO USE THE SITES AND/OR SERVICES, EVEN IF OUR REVOLUTION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS.
You shall indemnify, defend, and hold Our Revolution and Our Revolution’s officers, directors and agents harmless for any and all losses, costs, disputes, demands, claims and liabilities (including reasonable attorneys’ fees) arising out of or incurred due to your: (a) breach of these Terms; (b) use or misuse Sites and/or Services; (c) violation of any law or the rights of any third party.
You may terminate your participation at any time by discontinuing use of the Sites and/or Services. If you created an account you must provide written notice from the email account associated with your account to Our Revolution of your intent to terminate use of the Services and your account. At that time Our Revolution will delete your information. Upon termination of your membership account, the member-only portions of the Sites will no longer be available to you.
If you have a dispute with us relating to the Sites or Services, cease use of such. Ceasing all use of the Sites and/or Services is your only remedy with respect to any such dispute that you may have with us. OUR REVOLUTION RESERVES THE RIGHT TO IMMEDIATELY TERMINATE YOUR USE OF THE SITES AND/OR SERVICES IF OUR REVOLUTION DETERMINES YOU HAVE VIOLATED ANY PROVISION OF THESE TERMS.
Our Revolution may suspend or permanently terminate in its sole discretion your access to or use of the Sites or Services, with or without notice to you, for any reason or no reason. Upon termination of your access, all rights and licenses granted to you under these Terms will terminate; and Our Revolution may, in its sole discretion, delete any of your account details that may be held by Our Revolution. You are not permitted to return to the Site under another name or guise after termination and Our Revolution will be entitled to obtain injunctive relief if you violate termination or suspension by Our Revolution. If we suspend or terminate your Account or these Terms, you understand and agree that you shall receive no compensation for any content or data associated with your Account, or for anything else.
You agree that we may, without any limitation whatsoever: (a) investigate any suspected breaches of the security of the Sites or our information technology or other systems or networks; (b) investigate any suspected breaches of the Terms; (c) involve and cooperate with law enforcement authorities in investigating any such matters; (d) prosecute violators of the Terms to the full extent of the law; (e) delete or modify any materials on or Services available via the Sites, including any materials you may submit; and (f) discontinue this Sites or terminate your access to it at any time, without notice, for any reason and without any obligation to you whatsoever.
From time to time, Our Revolution may modify, suspend or discontinue the Sites and/or Services without notice to you. Our Revolution shall not be liable to you for any modification, suspension or discontinuance of Sites or Services. Our Revolution may establish certain policies and practices concerning use of the Sites or Services. Accordingly, Our Revolution reserves the right to change these Terms (in part or in whole) at any time, with or without prior notice. Our Revolution will notify you of any such changes by posting an updated Terms.
We reserve the right to withdraw or amend the Sites, Services, Content, or any portion thereof in our sole discretion without notice. We will not be liable if for any reason the Sites, Services, or Content are unavailable at any time or for any period.
You are responsible for (a) making all arrangements necessary for you to have access to the Sites (e.g., providing your own equipment and internet connection and paying any internet access fees) and (b) ensuring that all persons who access the Sites through your internet connection are aware of the terms and conditions of these Terms and comply with them.
Our Revolution reserves the right to change the Terms at any time, without notice and in its sole discretion. You are responsible for regularly reviewing the Terms. Changes will be effective thirty (30) days after they are posted on the Sites. If you do not agree to any change in the Terms you must cease use of the Sites and Services. Your continued access to and use of the Sites or any Services signifies your acceptance of these Terms, including as modified.
The Sites may include advertisements and information about products and services from third parties and the Sites or the Services may contain links to third-party websites (collectively, “Third Party Providers and Sites”). We do not warrant the accuracy of this content and its presence on the Sites does not imply any endorsement or sponsorship of the person or company posting the information or the referenced products or services. We specifically disclaim all responsibility and liability for any content, services, or products available on or offered through Third Party Providers and Sites. In addition to the Terms, your access to and use of any Third Party Provider and Sites content, products, or services available through the Sites are subject to the applicable Third Party Provider terms, which may include payment of fees. Except as set forth in these Terms, the Third Party Providers and Sites’ terms will control your access to and use of content on the third party websites. Any interactions, correspondence, and business dealings that you have with any Third Party Providers and Sites are solely between you and the third party (including, without limitation, issues related to the content of third party advertisements, payments, delivery of goods, warranties, and the like). We do not control or endorse these websites, and if you access any Third Party Providers and Sites, you do so at your own risk.
Our Revolution respects others’ intellectual property and requires its users do the same. If you believe that your work has been copied and is accessible on the Sites or through a Service in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you may request removal of the relevant material(s) (or access thereto) from the Sites or the Service by contacting Our Revolution (contact information below) and providing the following:
Please email Our Revolution at firstname.lastname@example.org for copyright issues relating to the Sites or any Service, or contact Our Revolution at:
PO Box 66208
Washington, DC 20035
These Terms, your access and use of the Sites or Services and the relationship between you and Our Revolution are governed by the laws of the District of Columbia, without giving effect to its conflict of law provisions.
You expressly acknowledge and agree that the sole and exclusive forum for resolving any controversy or claim arising out of or relating to these Terms, or otherwise relating to any rights in, access to or use of the Sites or Services shall be binding arbitration, under the American Arbitration Association (“AAA”) commercial arbitration rules, then in effect. You also agree that the AAA optional rules for emergency measures of protection shall also apply to the proceedings. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. In the event that this provision is held invalid or unenforceable, the remaining portions of this section shall remain in full force and effect. YOU AGREE NOT TO BRING OR PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR COLLECTIVE ARBITRATION, EVEN IF AAA’S RULES ALLOW FOR SUCH. If any part of this Section is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the Terms and the remaining portions shall remain in full force and effect.
These Terms are the complete and exclusive understanding and agreement between Our Revolution and you (“The Parties”), and supersedes any oral or written proposal, agreement or other communication between you and Our Revolution regarding your access to and use of the Site and/or Services. Except as set forth herein, these Terms may only be amended or modified by a written agreement signed by you and Our Revolution. The waiver or breach of any provision of these Terms will not operate or be interpreted as a waiver of any other terms or subsequent breach. If any provision of these Terms is held by a court of competent jurisdiction to be unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions of these Terms will continue in full force and effect. Without limiting any provision in the previous section, Our Revolution shall not be liable or be deemed to be in breach of these Terms for any failure to perform, or delay in performing, any of Our Revolution’s obligations in relation to the Sites or Services if the delay or failure was due to any cause beyond Our Revolution’s reasonable control. In the event of any such default or delay, the date for performance shall be extended for a period equal to the period during which such aforesaid cause, circumstance or contingency remains in effect. You agree that nothing in these Terms will be construed as creating an employer-employee relationship, a partnership, or a joint venture between you and Our Revolution. You may not assign or delegate, whether by operation of law or otherwise, these Terms or any of your rights or obligations under these Terms to any third party without the prior written consent of Our Revolution. Any assignment in violation of the foregoing will be null and void and will be considered a breach of these Terms.
If you have any questions or concerns about these Terms or the Services you may contact Our Revolution via email at email@example.com or regular mail at Our Revolution, PO Box 66208 Washington, DC 20035.