Permitted Use of the Site and Service; Content
This Site is provided as on an "as is" basis by RH Brands for the convenience and entertainment of its customers and users, and the Site and the domain name(s) associated with it and all copyrights, trademarks and other proprietary and personal rights of the Site and Service are the sole property of RH Brands. The Site and Service are intended for use by persons 18 years of age or older. You are permitted to access the Site, the Service and the Content provided by RH Brands (which may include text, images, hosted software, sound files, video or other content, and may be provided via the Site or otherwise) solely for the purpose of receiving information about RH Brands’ business and products, purchasing and utilizing the Service, communicating with RH Brands, entering prize promotions offered by RH Brands, or otherwise as stated on the Site.
RH Brands hereby grants a worldwide, fully paid-up, perpetual, non-exclusive, non-transferable license to you to use the Site and Service solely for the purpose of operating the Site.
You may not copy, modify, reproduce, retransmit or otherwise utilize the Content in any other fashion or for any other purpose without the express written permission of the Contents owner. You may only link to the Site for the purpose of directing other users to the Site, and must remove any link to the Site immediately on request from RH Brands. All copyrights, trademarks, patents, trade secrets and other proprietary rights contained within the Site are the sole property of RH Brands and/or its licensors, each of whom reserves all rights with regard to such materials.
RH Brands may at its option provide you with one or more areas within the Site for online discussions (e.g. message boards, wikis, chat rooms or blogs). Should you choose to participate in such a forum, you agree not to utilize the forum for illegal or inappropriate purposes. RH Brands reserves the right but will not be obligated to edit or delete postings to its forums at any time and for any reason. RH Brands shall also have no responsibility or liability for any content created or posted by you or other third parties within any online forum.
You hereby grant RH Brands a worldwide, perpetual, non-exclusive, transferable, fully-paid license to use, copy, perform, or revise any content provided by you to RH Brands via the Site (which is referred to in these Terms as "User Content"), including but not limited to any forum posts you may create. In connection with such User Content, you warrant and represent to RH Brands that you have all rights, title and interests necessary to provide such User Content to RH Brands, and that your provision of the User Content to RH Brands shall not infringe any third party’s proprietary or personal rights, including but not limited to any trademark, copyright, patent, or trade secret.
RH Brands makes no warranties, express or implied, with regard to the Site or the Service, their operation, or your use of the Site or Service, including but not limited to warranties of merchantability or fitness for a particular purpose. RH Brands makes no warranties as to the availability, up-time, functionality, error-free nature or reliability of the Site or the Service, the Internet, the telephone network through which the Service is utilized, or other technology utilized to present, access or utilize the Site or the Service, nor does it warrant that the Site or Service shall be free of computer viruses or other malicious content. RH Brands reserves the right to modify, suspend or discontinue the offering of the Site and Service at any time for any reason without prior notice. Further, while RH Brands utilizes electronic and physical security to reduce the risk of improper access to or manipulation of data during transmission and storage, it cannot guarantee the security or integrity of the data and shall have no liability for breaches of security or integrity or third-party interception in transit, nor for any damage which may result to your computer or other property by your use of the Site or Service.
IN NO EVENT SHALL RH BRANDS BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DIRECT, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, LOSS OF PROFITS OR LOST SAVINGS, ARISING OUT OF THESE TERMS, THE SITE OR THE SERVICE, EVEN IF RH BRANDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, IN NO EVENT SHALL RH BRANDS' AGGREGATE LIABILITY FOR ANY REASON ARISING OUT OF THESE TERMS, THE SITE OR THE SERVICE FROM ALL CAUSES OF ACTION OF ANY KIND, INCLUDING CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTY, MISREPRESENTATION, OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU TO RH BRANDS HEREUNDER.
RH Brands may provide links to third party Web sites from the Site. Such links are provided for your convenience, and do not necessarily constitute an endorsement by RH Brands of such sites or an affiliation between RH Brands and the owners of such sites, nor shall RH Brands be liable for the contents of such sites. RH Brands will also not be liable for any errors in such links, or for any malfunction of such links.
It is illegal in some states to record a phone conversation, or use our "Call Recording" feature, without prior consent of both parties. It is the users responsibility to be aware of these laws, and notify the recipient proior to sending a call. Failure to do so may result in certain prosecution.
Your use of the paid Services on an RH Brands site is contingent on your paying in advance for such use, in the amounts and using the methods then-current on the Site. RH Brands will charge your indicated method of payment immediately upon your confirming the payment method and amount. Amounts to be charged may include sales and other taxes where applicable and any other amounts indicated on the Site. To the extent that you are responsible for any additional taxes or fees beyond those collected by RH Brands, you agree that you will pay them when due.
RH Brands shall not be responsible for any errors or transmission failures with regard to the charging and collection of funds from your indicated payment method, nor for any actions taken by the provider of the payment method you choose (which could include refusal to authorize the charge). In addition to these Terms, any payments made by you may be subject to the agreement between you and the provider of the payment method.
As between you and RH Brands, you are responsible for all charges related to purchases made using your account and payment method, whether or not you authorized such purchases.
User Warranties; Indemnification
By using this Site and the Service, you hereby warrant and represent that you have all necessary rights, power and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in these Terms or in the performance of such obligations will place you in breach of any other contract or obligation. You further warrant and represent to RH Brands that you are and shall at all times remain in full compliance with all applicable laws and regulations with regard to your use of this Site and Service, including without limitation the Telephone Consumer Protection Act, the Telemarketing Sales Rule, the CAN-SPAM Act (Controlling the Assault of Non-Solicited Pornography and Marketing Act) of 2003, and all other laws and regulations concerning privacy, telemarketing and Internet marketing.
Specifically, users are prohibited from making calls to emergency lines, any health care facility or similar establishment, and numbers assigned to radio common carrier services or any service for which the called party is charged for the call, unless the call is made with the prior express consent of the called party. Those using this site for these purposes are subject to certain identification requirements and possibly prosecution.
By using this Site and the Service, you agree to indemnify and hold harmless RH Brands, its affiliates and contractors, and its and their officers, directors, employees and agents from and against any loss, claim, damage, obligation, liability, cost or expense (including, without limitation, reasonable attorneys. fees and costs of any investigation or preparation) arising out of or in connection with any actual or threatened claim, suit, action or proceeding by any person based on or arising out of your breach of the above warranties or any use by you or an account or computer owned by you of the Site, the Service or the Content or your provision of User Content to RH Brands.
Governing Law; Use
All users of this service with intent to harass someone in the State of California is in violation of California Penal Code 653m, Subdivision B which states:
653m. (a) Every person who, with intent to annoy, telephones or makes contact by means of an electronic communication device with another and addresses to or about the other person any obscene language or addresses to the other person any threat to inflict injury to the person or property of the person addressed or any member of his or her family, is guilty of a misdemeanor. Nothing in this subdivision shall apply to telephone calls or electronic contacts made in good faith. (b) Every person who, with intent to annoy or harass, makes repeated telephone calls or makes repeated contact by means of an electronic communication device, or makes any combination of calls or contact, to another person is, whether or not conversation ensues from making the telephone call or contact by means of an electronic communication device, guilty of a misdemeanor. Nothing in this subdivision shall apply to telephone calls or electronic contacts made in good faith or during the ordinary course and scope of business.
Governing Law; Forum
These Terms shall be governed by and interpreted in accordance with the laws of the State of California, United States of America. You agree that the exclusive forum for any disputes arising out of these Terms and/or your use of the Site or Service shall be the state and federal courts located in Los Angeles, California.
The provisions regarding ownership; payments; warranties; and indemnification set forth above will survive any termination of these Terms. All notices to RH Brands in connection with these Terms shall be provided in writing, and any notice will be deemed to be given on the date it is received.