Terms and ConditionsReepex.com,
Reepex.com, LP ("Reepex.com", "we" or "us") maintains this web site (the "Site") as a service to our customers, potential customers, and other interested parties. Please visit us frequently, browse our pages, purchase, and download materials subject to the terms and conditions set out below.
Use of Reepex.com'S Web Site and Its Content
We may alter, suspend, or discontinue this Site in whole or in part, at any time and for any reason, without notice or cost. The Site may periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons.
No part of this Site may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, except that we authorize you for personal, non-commercial use only to view, copy, download, and print posted documents (such as product descriptions, prices, forms, and FAQs) that are available on this Site, subject to the following conditions:
1. The documents may be used solely for internal informational purposes.
2. The documents may not be modified.
3. Copyright, trademark, and other proprietary notices may not be removed.
By using this Site, you agree to indemnify, hold harmless and defend Reepex.com and SmartBargains, Inc. (collectively, Reepex.com and SmartBargains, Inc. are referred to as "SmartBargains") and their respective officers, directors, employees, successors, agents, subsidiaries, partners, contractors, vendors, manufacturers, distributors representatives and affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim (including without limitation, claims made by third parties for infringement of intellectual property rights) by a third party that arises in connection with your use of this Site. You agree to cooperate as fully as reasonably required in the defense of any claim. SmartBargains reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Intellectual Property Rights
Unless otherwise noted, all text and images contained on this Site are the property of Reepex.com or SmartBargains, Inc. and/or their respective affiliates, subsidiaries, vendors, manufacturers, or licensors, and are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. By way of example only, and not as a limitation, "Reepex.com" is a registered trademark of Reepex.com. Any other product names are trademarks or registered trademarks of their respective owners.
Our graphics, logos, page headers, button icons, scripts, service names, and other components of our Web site and related materials are trademarks or trade dress of SmartBargains. Reepex trademarks or trade dress may not be used in connection with any product or service that is not Reepex, in any manner that is likely to cause confusion among customers, vendors, shoppers, or any other party, or in any manner that disparages or discredits SmartBargains.
SmartBargains relies upon a network of independent vendors who supply some of the goods advertised on the site and, in some cases, drop ship them directly to our customers. SmartBargains is not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of content posted on or transmitted through this site, or items advertised on the Site, by its vendors.
Accuracy of Content; Future Modifications to Web Site; Limitations on Quantity
The information on this Site is believed to be complete and reliable; however, the information may contain typographical errors, pricing errors, and other errors or inaccuracies. Errors will be corrected as soon as practicable. We reserve the right to: (i) revoke any stated offer; (ii) correct any errors, inaccuracies or omission; and (iii) make changes to prices, content, promotion offers, product descriptions or specifications, or other information without obligation to issue any notice of such changes (including after an order has been submitted, acknowledged, shipped or received). We also reserve the right to limit quantities (including after an order has been submitted and/or acknowledged). If a product offered by us is not as described, your sole remedy is to return it in unused condition.
Reepex.com actively reports and prosecutes actual and suspected credit card fraud.
We may require further authorization from you such as a telephone confirmation of your order and/or other information. Our decision to require further authorization is at our discretion. Reepex.com reserves the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected.
Reepex.com captures certain information during the order process, including time, date, IP address, and other information that will be used to locate and identify individuals committing fraud. If any Reepex.com order is suspected to be fraudulent, all records will be submitted with or without a subpoena to all law enforcement agencies and to the credit card company for fraud investigation. SmartBargains will cooperate with authorities to prosecute offenders to the full extent of the law.
Copyright Infringement; Notice and Take Down Procedures
If you believe that any materials on this Site infringe your copyright, you may request that they be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must: (1) identify the allegedly infringing materials; (2) indicate where an authorized version can be obtained; (3) provide your name and contact information; (4) state that you have a good faith belief that the materials are infringing; (5) state that the information in your claim is accurate; and (6) indicate that "under penalty of perjury" you are the lawful copyright owner or are authorized to act on the owner's behalf. Our contact for copyright issues relating to this Site is: Copyright Agent, SmartBargains, Inc., 10 Milk Street, 10th Floor, Boston, MA 02108, 617-695-7300, copyrightagent@Reepex.com.
Disclaimer of Warranty
ALL TEXT, IMAGES, AND OTHER INFORMATION ON OR ACCESSIBLE FROM THIS SITE ARE PROVIDED ON AN "AS AVAILABLE" AND "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, SMARTBARGAINS DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THIS SITE IS FREE OF ERRORS; (ii) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THIS SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
IN NO EVENT SHALL SMARTBARGAINS OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DISTRIBUTORS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE SMARTBARGAINS WEB SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SMARTBARGAINS WEB SITE OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF SMARTBARGAINS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL Reepex TOTAL LIABILITY (OR THE TOTAL LIABILITY OF ANY THIRD PARTY PROVIDING INFORMATION ON THIS SITE) TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED ONE DOLLAR (U.S.$1.00).
You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
We are concerned about privacy matters for our customers.
Risk of Loss
The items purchased from our Site are shipped by a third party carrier pursuant to a shipment contract. As a result, risk of loss and title for such items pass to you upon our delivery to the carrier.
Submission of Ideas, Comments and Questions
We welcome your feedback about our Site and its contents. However, any comments, ideas, notes, messages, suggestions or other communications (collectively, "Submissions") shall be and remain the exclusive property of Reepex.com. As such, we will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Submissions. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY SUBMISSION TO SMARTBARGAINS BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE SUBMISSION TO SMARTBARGAINS, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE SUBMISSION AND YOU AGREE THAT ANY SUBMISSIONS BY YOU WILL NOT VIOLATE ANY RIGHT OF ANY THIRD PARTY, INCLUDING COPYRIGHT TRADEMARK, PRIVACY OR OTHER PERSONAL OR PROPRETARY RIGHTS. YOU ALSO AGREE THAT NO SUBMISSION BY YOU WILL BE OR CONTAIN LIBELOUS OR OTHERWISE UNLAWFUL, ABUSIVE OR OBSCENE MATERIAL. YOU ARE AND SHALL REMAIN SOLEY RESPONSIBLE FOR THE CONTENT OF ANY SUBMISSIONS YOU MAKE. YOU REPRESENT AND WARRANT TO SMARTBARGAINS THAT SMARTBARGAINS IS FREE TO IMPLEMENT THE SUBMISSION IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY SMARTBARGAINS, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.
Links to Third-Party Web Sites
This Site may contain links to non-Reepex.com web sites. These links are provided to you as a convenience, and you access them at your own risk. We are not responsible for the content of any linked web site or any bulletin board associated with us. Any outside web site accessed from our Site is independent from Reepex.com, and we have no control over the content of such web sites.
No Implied Endorsements
In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by us of that third party or of any product or service provided by a third party. Likewise, a link to any non-SmartBargains web site does not imply that we endorse or accept any responsibility for the content or use of such a web site.
Termination of Use
We make no representation that information on this Site is appropriate or available for use outside the United States. Those who choose to access this Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
We reserve the right to make changes to the Site and our policies and promotions at any time.
We do not discriminate on the basis of age, race, national origin, gender, sexual orientation or religion.
Online Gift Cards can only be used for the purchase of merchandise at www.Reepex.com
Online Gift Cards cannot be used toward a purchase of any Reepex.com gift cards or a membership in our SmartShoppers Clubsm.
Except as required by law, Online Gift Cards and any unused balance expire two years from the date of issuance of such card.*
Except as required by law, Online Gift Cards are not returnable or redeemable for cash or credit and will not be replaced if lost, stolen or used without your permission.
Any unused balance will be held as a credit to the account for the applicable Online Gift Card until redeemed and no such balance is transferable to any other Online Gift Card or otherwise.
If your order exceeds the value of the tendered Online Gift Card, you must pay for the balance with a credit card
Reepex.com reserves the right to change these terms and conditions in its discretion and without notice, except as prohibited by law.
The risk of loss and title for Online Gift Cards pass to the purchaser upon Reepex.com’s electronic transmission to the recipient or delivery to the carrier, whichever is applicable.
Reepex.com will have the right to close customer accounts and request alternative forms of payment if a fraudulently obtained Online Gift Card is redeemed through the Reepex.com web site.
For balance inquiries please visit www.Reepex.com/cardbalance
Reepex.com, LP AND ITS AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ONLINE GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IF AN ONLINE GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH ONLINE GIFT CARD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
*Some states may extend or void the expiration date. Expiration dates do not apply in any state solely to the extent as prohibited or limited by law.
For Additional Information
Updated as of March 9, 2007
Copyright © 2007, Reepex.com, All Rights Reserved.