Terms of Service
This website is operated by Rar3 Enterprises, LLC
Houston, TX 77014
Throughout the site, the terms "we", "us" and "our' refer to Rar3 Enterprises, LLC. Rar3 Enterprises, LLC offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", 'Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content!
Please read these Terms of Service carefully before accessing or using our website By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace an part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted by Shopify. They provide us with an online e-commerce platform that allows us to sell our products and services to you.
Merchant will only sell Delta-8 tetrahydrocannabinol (i.e., Delta-8 THC) products in states where such sales are legally permissible.
All purchases are billed by Rar3 Enterprises.
Ownership of Site; Agreement to Terms of Use
These Terms and Conditions of Use (the "Terms of Use") apply to the Rar3 Cookies web site located at www.rarecookies.com, and all associated sites linked to www.rarecookies.com by Rar3 Enterprises, LLC, its subsidiaries and affiliates (collectively "Rar3," "Rar3 Cookies" the "Company," "We," "us." and "our"), including Rar3 sites around the world (collectively, the "Site"). This Site is the property of Rar3. BY USINC THE SITE, YOU ACREE TO THESE TERMS OF USE, OUR PRIVACY POLICY AND OTHER NOTICES REFERENCED IN THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
These Terms of Use apply to all users of the Site ("you"), including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. These Terms of Use govern the Site and all information, tools. products and services (collectively, the "Services") to the extent not covered by a more specific agreement signed by you and the Company.
IMPORTANT: THESE TERMS OF SERVICE CONTAIN A MANDATORY ARBITRATION PROVISION BY AGREEINO TO THESE TERMS OF USE YOU ACCEPT THAT YOU MUST RESOLVE ANY CLAIM THAT YOU MAY HAVE AGAINST THE COMPANY ON AN INDIVIDUAL BASIS IN ARBITRATION AS DESCRIBED IN MORE DETAIL BELOW IN THE DISPUTE RESOLUTION SECTION THIS WILL PRECLUDE YOU FROM BRINGING ANY CLASS COLLECTIVE OR REPRESENTATIVE ACTION AGAINST THE COMPANY. IT ALSO WILL PRECLUDE YOU FROM PARTICIPATING IN OR REGOVERING RELIEF UNDER ANY CURRENT OR FUTURE CLASS, COLLECTIVE OR REPRESENTATIVE ACTION BROUCHT ACAINST THE COMPANY BY SOMEONE ELSE.
Rar3 Enterprises, LLC reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of
Use at any time It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Service. Rar3 grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
IMPORTANT: THESE TERMS OF SERVICE CONTAIN A MANDATORY ARBITRATION PROVISION BY AGREEING TO THESE
Any offer for any Product or Service made on this Site is void where prohibited.
By accessing or using the Services, your agreement to be bound by these Terms If you do not agree to these Terms you may not access or use the services. These Terms expressly supersede prior agreements or arrangements with you regarding the use of the Services.
Purchases
We primarily sell our products ("Products") through our online e-commerce store. To purchase any Products through the Services, you must: (a) be at least 21 years of age, (b) provide us with current, complete and valid payment information associated with a credit card or other payment method that you are authorized to use, and (c) authorize us to charge your credit card or other payment method for the price of the Products or Services that you request, together with any taxes, fees, or shipping charges described on the Services. You also agree to promptly update your account and other information, including your email address and credit card or other payment method and associated expiration dates, so that we can complete your transactions and contact you as needed.
Personal Use Only
All orders of our Products must be for personal use only. The resale of our Products by or through any third-party owned or operated websites, online auction, third party online marketplace, store or digital platform (including, but not limited to, Amazon, Etsy, Shopify, eBay, Alibaba or other similar sites) is strictly prohibited. We reserve the right to reject or cancel any order, including but not limited to orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors, and if we have reason to believe that your order is not for personal use.
Exceptions include permission by us through our wholesale/bulk orders.
No Representation; No Professional or Medical Advice
While we attempt to be accurate in offering descriptions on the Products and Services, we do not warrant that any product description is accurate, complete, or error-free, nor do we represent that any Product will diagnose, treat, cure, or prevent any disease. The Products or Services provided through this Site do not provide medical advice, diagnosis or treatment, and the information included in the Products or Services is offered for informational purposes only. Some portions of the Services may allow you to submit questions either to us or to third parties who have agreed to communicate with our users. Although we provide information about our Products and Services, our employees or any Products or Services. We also have not confirmed the qualifications of any third party who provides information through the Products or Services, even if that third party lists their, his or her qualifications. As a result, you should never use the information you obtain on the Products or Services for diagnosis or treatment of any health problem or in place of any medication or other treatment prescribed by a physician or other healthcare provider. Our products are not intended to diagnose treat, cure or prevent any disease.
The statements on the Products or Services have not been evaluated by the Food and Drug Administration.
Prohibited Uses
You are prohibited from using the Site or its content (a) for any unlawful or unauthorized purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others, (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability including all animals/species; (f) to submit false or misleading information; (g) to upload or transmit worms, viruses or any other type of destructive or malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape, () for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of our Products, the Services or any related website for violating any of the prohibited uses.
You may use the Website only for lawful purposes and in accordance with those Terms of Use. You agree not to use the Website:
• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming or attempting to exploit or harm any third parties in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards (as described in further detail below).
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail*, "chain letter" or "spam" or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity.
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
• To develop any third-party applications that interact with the Website or other users content or information, without.
Additionally, you agree not to:
• Use the Website in any manner that could disable, overburden, damage, or Impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website
• Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring, scraping or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
• Use any device, software or routine that interferes with the proper working of the Website.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website that you are not authorized to access, including any server, computer or database connected to the Website.
• Attempt to circumvent any content-filtering techniques we employ.
• Attack the Website via a denial of-service attack or a distributed denial-of-service attack.
Registration and Access Restrictions
You may be required to register for an account with us in order to use certain features of the Services. If you elect to take advantage of such features, you must register through the Services by completing the applicable registration form to create your account with a unique username and password. The decision to provide this information is purely optional; however, if you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Services. You agree to: (a) provide true, accurate, current and complete information about yourself when we request it; (b) maintain and promptly update this information to keep it true, accurate, current and complete to the extent the Services permit such updates; (c) use limited-access portions of the Services only using access credentials that we have issued to you; and (d) exit your account at the end of each session in which you have logged-in to use the
Services.
You must maintain the confidentiality of any access credentials that we issue to you and you may not share them with any other person. You must notify us immediately of any unauthorized use of your credentials or any other breach of security. Even if you notify us, you will be responsible for any activities that occur using your access credentials, Including any charges resulting from the use of your account.
Intellectual Property
Software. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any rights or property of Rar3 through the use of the Site, Products or Services.
Name and Logos. The Rar3 name and logos are trademarks and service marks of Rar3 (collectively the "Rar3 Trademarks). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Rar3. Nothing in these Terms of Use should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Rar3 Trademarks or third party trademarks displayed on the Services, without our or such third party's express prior written permission in each instance as applicable. All goodwill generated from the use of Rar3 Trademarks will insure to Rar3's exclusive benefit.
Material on the Site. Except where noted otherwise, all material and content on the Site and any variations of them are copyrighted by Rar3 or affiliate firms. No part of the materials and content on the Site including but not limited to the text, graphics and html code, may be reproduced or transmitted in any form, or by any means without the express prior written permission of Rar3.
Third Party Material. The Services may include or incorporate third party material. These third parties are not under Rar3's control Under no circumstances will Rar3, Its directors, shareholders, officers employees, affiliates and assigns be liable in any way for any materials or content of any third parties including, but not limited to, any errors or omissions in any material or content, or for any loss or damage of any kind incurred as a result of the use, reproduction, distribution, performance, or display of any third-party material or content on or through the Services. You bear the sole responsibility and all risks associated with the use of any third-party material or content, including any reliance on the accuracy, completeness, or usefulness of such material or content.
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Website for your individual, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Website, You must not directly or indirectly: (i) modify copies of any materials from the Website or make any derivative works of the Website (ii) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website, (iii) copy, sell, redistribute, rent, lease or otherwise access or use for any commercial purposes any part of the Website; (iv) incorporate the Website or any portion of it into another product or service; (v) reverse engineer, decipher, decompile, or disassemble the Website and any code contained therein, or otherwise attempt to derive the source code or underlying ideas or algorithms of Company (except where expressly permitted by law); or (vi) export, re-export, transfer and/or release the software, for any proscribed end-use, or to any proscribed country, entity or person (wherever located), without proper authorization. For purposes of clarity, prohibited commercial uses shall not include satisfying the terms of any commercial agreement entered into between you and the Company.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark
No Users Under 21
By using the Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. Our Services are not intended for anyone under 21 years of age. No one under age 21 may provide any personal information
through our Services. We do not knowingly collect personal information from anyone under 21. If you are under 21, do not use or provide any information on Company’s Website. Please do NOT provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use, if you are under 21. If we learn we have collected or received personal information from someone under 21 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a person under 21, please contact us at rar3cookiesluv@gmail.com.
General Conditions
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Disclaimer of Warranties
USE OF ANY PORTION OF THE PRODUCTS OR SERVICES IS AT YOUR OWN DISCRETION AND RISK. THE PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. RAR3 EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.
RAR3 MAKES NO WARRANTY THAT THE PRODUCTS, SERVICES OR ANY PORTION OF THE PRODUCTS OR SERVICES, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE PRODUCTS OR SERVICES (A) WILL MEET YOUR REQUIREMENTS, (B) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, (C) WILL PROVIDE ACCURATE OR RELIABLE RESULTS, (D) WILL MEET YOUR EXPECTATIONS OR (E) THAT RAR3 WILL ADDRESS YOUR CONCERNS TO YOUR SATISFACTION.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for
anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost
data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose,
durability, title, and non-infringement.
In no case shall Rar3 Enterprises, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Limitation of Liability; Limitation on Time to File Claims; Indemnity
In no event will Rar3, its affiliates, or any of their respective partners, officers, directors, shareholders, agents, contractors, licensors, services providers,
subcontractors, suppliers and employees be liable to you for any claim related in any way to your use of the Products or Services, or any damages, including without limitation, any special, indirect, incidental, consequential, or punitive damages, whether based in contract, tort (including negligence), strict liability or otherwise that may result from the Products or Services.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY AND OUR SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE WEBSITE; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR USER-PROVIDED MATERIALS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL COMPANY’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE WEBSITE EXCEED THE PRICE OF THE PRODUCTS OR SERVICES YOU PURCHASED FROM COMPANY (IF ANY) IN THE 12 MONTH PERIOD PRECEDING ANY SUCH CLAIM, OR TWENTY DOLLARS ($20.00) WHICHEVER GREATER. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
You agree to indemnify, defend and hold harmless Rar3 and its affiliates, partners, officers, directors, agents, contractors, licensors, service providers,
subcontractors, suppliers, interns and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of or in connection with your use of the Site (including any documents incorporated by reference) or your violation of any law or the rights of a third party.
Arbitration Terms
THESE ARBITRATION AGREEMENT (“ARBITRATION AGREEMENT”) TERMS AND CONDITIONS (“ARBITRATION TERMS”) APPLY TO THE RAR3 WEBSITE LOCATED AT WWW.RARECOOKIES.COM, AND ALL ASSOCIATED SITES LINKED TO WWW.RARECOOKIES.COM BY RAR3, ITS SUBSIDIARIES AND AFFILIATES (COLLECTIVELY, THE “SITE”). THIS SITE IS THE PROPERTY OF RAR3 ENTERPRISES LLC (“RAR3”) AND ITS LICENSORS. BY USING THE SITE, YOU AGREE TO THESE ARBITRATION TERMS AND ANY OTHER RAR3 TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
RAR3 RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO CHANGE, MODIFY, ADD OR REMOVE PORTIONS OF THESE ARBITRATION TERMS AT ANY TIME. IT IS YOUR RESPONSIBILITY TO CHECK THESE ARBITRATION TERMS PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF OR ACCESS TO THE WEBSITE FOLLOWING THE POSTING OF ANY CHANGES CONSTITUTES BINDING ACCEPTANCE OF THOSE CHANGES.
THIS ARBITRATION AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED OR IF YOU OPT-OUT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS WHICH ALSO DESCRIBES YOUR RIGHT TO OPT-OUT.
Dispute Resolution
Any dispute, claim or controversy arising out of or relating in any way to the Site, these Terms of Use, the Products or the Services will be resolved exclusively by final and binding arbitration in accordance with the terms of our arbitration agreement. THIS ARBITRATION AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES.
PLEASE READ THESE ARBITRATION TERMS CAREFULLY TO UNDERSTAND YOUR RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THESE TERMS AS A
COURT WOULD.
Except as provided in subsection below and to enforce an arbitrator’s decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof, the Privacy Policy, the Shipping & Returns Policy, our relationship, or your use or attempted use of the Website or any product or service, shall be submitted to and finally resolved by individual, confidential arbitration under the rules of the American Arbitration Association (“AAA”) then in effect. The following terms shall apply. You, Rar3 (or any of its affiliates), or any involved third party may pursue a claim. Rar3 agrees to final and binding confidential arbitration should it have any claims against you. Likewise, you agree to final and binding confidential arbitration should you have any claims against Rar3 (or any of its affiliates). By agreeing to arbitrate, you waive the right to go to court and agree instead to submit any claims to final and binding confidential arbitration. These Arbitration Terms sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16, as amended.
Required Pre-Dispute Procedures; Commencing Arbitration; Arbitration Location
Each party acknowledges and agrees that before initiating any claim against the other, to first contact the other with a written description of the dispute, which shall include all relevant documents and information, and the proposed resolution. You may send the written description of any dispute you have with us by e-mail to rar3cookiesluv@gmail.com. Rar3 will contact you by letter at the billing address you provided to us or at the email address you provided to us. You agree to negotiate with Rar3, or its designated representative(s) or affiliate(s) in good faith about your problem or dispute. If for some reason the dispute is not resolved within 60 days after receipt of the written description of the dispute, each party agrees to the dispute resolution provisions below. Notwithstanding the foregoing or any other term of this Arbitration Agreement, each party will have the right to seek injunctive or other equitable relief in state or federal court to enforce these Terms or prevent an infringement of a third party’s rights or our intellectual property rights, as stated in the subsections below. You hereby expressly consent to, and forever waive any challenge to, the exclusive personal jurisdiction and venue of said courts in such actions.
You and Rar3 hereby agree to commence any arbitration proceeding within one- (1) year after the claim arises (the one-year period includes the required pre-dispute procedures set forth above) and that any arbitration proceeding commenced after one-year shall be forever barred.
If the amount in controversy is $500 or less, then the arbitration may be conducted by telephone, teleconference or by written submissions. Otherwise, the arbitration shall be conducted in Texas unless Rar3 decides otherwise in another state including agrees to arbitrate in another forum requested by you.
Organization, Rules, and the Arbitrator
We each agree that any and all claims other than those exempted under subsections below shall be submitted to final and binding confidential
arbitration before a single arbitrator of the American Arbitration Association (“AAA”). Either party may commence the arbitration process by submitting a written demand for arbitration with the AAA, and providing a copy to the other party, within the time period set forth in subsection above. The arbitrator
shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with Rules of the AAA. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolutions Procedures, Supplementary Procedures for Consumer-Related Disputes, in effect at the time of submission of the demand for arbitration. The AAA’s Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms, the Privacy Policy, the Shipping & Returns Policy, and these Arbitration Terms. The arbitrator shall have the exclusive and sole authority to determine whether any dispute is arbitrable. The arbitrator shall have the exclusive and sole authority to determine whether this Arbitration Agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce these Arbitration Terms against you or Rar3.
Governing Law and Award
Subject to the Arbitration Agreement provisions, these Terms of Use shall be governed by the laws of the United States and construed in accordance with the laws of the State of Texas, without regard to any conflicts of law provisions. To the extent that your agreement to arbitrate is not deemed to apply, you expressly agree and personally submit to the exclusive jurisdiction of the state and federal courts of the State of Texas to adjudicate and resolve any dispute with Rar3, its affiliates, subsidiaries, employees, contractors, officers, directors, shareholders and any other service providers regarding any
dispute, claim or controversy arising out of or relating in any way to the Site, these Terms of Use, the Products or the Services. You agree to the
personal jurisdiction, and venue, in the state and federal courts in Harris County, Texas and you hereby irrevocably waive your right to a jury trial or to claim that the State of Texas is an inconvenient forum to hear claims and disputes.
The arbitrator shall follow the substantive law of the State of Texas without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the FAA. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Enforcements of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed
in accordance with the laws of
Rar3 Enterprises LLC
HOUSTON, TX 77014
Jurisdiction and Enforceability
All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas in each case located in Harris County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
These Arbitration Terms survive termination of your account or relationship with Rar3’s or any of its affiliates’ bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire Arbitration Agreement shall be rendered null and void and shall not apply. If a portion of these Arbitration Terms (other than the class action waiver) is deemed unenforceable, the remaining portions of these Arbitration Terms shall remain in full force and effect.
Miscellaneous and Exceptions
Failure or any delay in enforcing these Arbitration Terms in connection with any particular claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other claims except all claims must be brought within the one-year limitation period set forth above. These Arbitration Terms constitute the entire Arbitration Agreement between you and Rar3 and shall not be modified except in writing by Rar3 or any of its affiliates.
Notwithstanding the foregoing, and as an exception to final and binding confidential arbitration, you and Rar3 or any of its affiliates each retain the right to pursue, in small claims court, any claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis,
including overdue account matters within the small claims court’s jurisdiction. Rar3 will not demand arbitration in connection with any individual claim that
you properly file and pursue in a small claims court, so long as the claim is and remains pending in that court. The following claims shall not be subject to final and binding arbitration and must be adjudicated only in the state or federal courts located in Texas: (i) any dispute, controversy, or claim
relating to the infringement or validity of our proprietary rights, including without limitation, trademarks, service marks, trade dress, copyrights, trade
secrets, or patents, or the intellectual property rights of a third-party; or (ii) an action by Rar3 or any of its affiliates for temporary, preliminary, or
permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief, against you for breach or threatened breach of this Agreement. You expressly agree to refrain from bringing or joining any claims that are excluded from final and binding arbitration pursuant to this subsection: (i)” in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration. Small claims matters may be filed in any small claims court with personal and subject matter jurisdiction over the parties. For all other matters excluded from final and binding arbitration by other subsections: (i),” the parties consent to exclusive jurisdiction and venue in the state and federal courts located in Texas and forever waive any challenge to said courts’ jurisdiction and venue.
Amendments
Rar3 or any of its affiliates reserves the right to amend these Arbitration Terms at any time. Your continued use of the Website, purchase of any product or services on or through the Website, or use or attempted use of an Rar3 product or service, is affirmation of your consent to such changes. Your continued use of the Website, purchase or use of any products or services on or through the Website, or use or attempted use of an Rar3 product or service, is affirmation of your consent to such changes whether or not such changes are considered material.
YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIA ARBITRATION. YOU HAVE THE RIGHT TO OPT OUT OF THESE ARBITRATION TERMS AT THE TIME THAT YOU PURCHASE, USE, OR ATTEMPT TO USE A SERVICE OR PRODUCT PURCHASED ON OR THROUGH THE WEBSITE (WHICHEVER COMES FIRST) BY WRITING TO US AT RAR3COOKIESLUV@GMAIL.COM. FOR YOUR
OPT-OUT TO BE EFFECTIVE, YOU MUST IMMEDIATELY SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY PRODUCT OR SERVICE YOU PURCHASED, USED OR ATTEMPTED TO USE AND THE DATE YOU FIRST PURCHASED, USED, OR ATTEMPTED TO USE THE PRODUCT OR SERVICE. IF YOU FAIL TO IMMEDIATELY NOTIFY US OF YOUR DECISION TO OPT-OUT OF THESE ARBITRATION TERMS, YOU ARE NOT ELIGIBLE TO OPT OUT OF THESE ARBITRATION TERMS AND YOU MUST PURSUE YOUR CLAIM THROUGH BINDING ARBITRATION AS SET FORTH IN THIS ARBITRATION AGREEMENT.
Should either party file an action contrary to these Arbitration Terms, the other party may recover attorney’s fees and costs up to $1,000.00.
Void Where Prohibited; Severability; Waiver
Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through the Site are available to
all persons or in all geographic locations, or appropriate or available for use outside the United States. Rar3 reserves the right to limit, in its sole discretion, the provision and quantity of any feature of the Site, Product or Service to any person or geographic area. Any offer for any feature of
the Site, Product or Service made on the Site is void where prohibited. If you choose to access the Site from outside Texas and/or the United States,
you do so on your own initiative and you are solely responsible for complying with applicable local laws.
If any of the provision of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provision
shall be limited, eliminated or severed from these Terms of Use and replaced with a valid provision that best embodies the intent of these Terms of Use, and
the other provisions of these Terms of use shall continue to remain valid and enforceable in full force and effect.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason,
such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and
effect.
Reliance on Information Posted; Accessing the Website and Account Security
The information presented on or through the Website is made available solely for general information purposes. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF THIS INFORMATION, INCLUDING, BUT NOT LIMITED TO, ANY THIRD PARTY EDUCATIONAL OR INFORMATIONAL MATERIALS POSTED ON OR OTHERWISE LINKED TO FROM THE WEBSITE. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
The Website may include content provided by third parties, including materials provided by other users, third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other
than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
We reserve the right to withdraw or amend the Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of the Website, to users, including registered users.
You are responsible for: (i) making all arrangements necessary for you to have access to the Website; and (ii) ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with the Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website or portions of it using your user name, password or other security information. You will not buy, sell, rent or lease access to your Website Account. You will not attempt to log in or otherwise access the Website through any unauthorized third party applications. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
WE HAVE THE RIGHT TO DISABLE ANY USER NAME, PASSWORD OR OTHER IDENTIFIER, WHETHER CHOSEN BY YOU OR PROVIDED BY US, AT ANY TIME IN OUR SOLE DISCRETION FOR ANY OR NO REASON, INCLUDING IF, IN OUR OPINION, YOU HAVE VIOLATED ANY PROVISION OF THESE TERMS OF USE, THE TERMS OF ANY OTHER COMMERCIAL AGREEMENT YOU HAVE ENTERED INTO WITH COMPANY, OR THE LAW. YOU MAY NOT CREATE ANOTHER ACCOUNT IF WE HAVE DISABLED YOUR ACCOUNT UNLESS YOU OBTAIN OUR PRIOR WRITTEN CONSENT.
User-Provided Materials
The Website may allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User-Provided Materials”) on or through the Website. All User-Provided Materials must comply with the Content Standards set forth below. Company may use information provided as part of the User-Provided Materials to generate aggregated reports featuring de-identified data that may be publicly available on the Website or otherwise published as described by our Privacy Policy.
Any User-Provided Materials you post to the Website will be considered non-confidential and non-proprietary. By providing any User-Provided Materials on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use,
reproduce, modify, perform, display, distribute, promote, broadcast, and otherwise disclose to third parties any such material for the purposes set forth in the Privacy Policy. For purposes of clarity, User-Provided Materials refers only to information and materials you post for viewing by other users of the Website, though by agreeing to these Terms of Use you grant us permission to publish or otherwise display your User-Provided Materials in locations other than the Website.
You represent and warrant that: (i) You own or control all rights in and to the User-Provided Materials, and have obtained all necessary consent and legal
authorizations necessary to provide the User-Provided Materials if related to another individual; (ii) You have the right to grant the licenses granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns; and (iii) all of your User-Provided Materials do and will comply with these Terms of Use.
You understand and acknowledge that you are responsible for any User-Provided Materials you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User-Provided Materials posted by you or any other user of the Website.
Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to post any User-Provided Materials for any or no reason in our sole discretion.
- Take any action with respect to any User-Provided Materials that we deem necessary or appropriate in our sole discretion, including if we believe that such User-Provided Materials violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for the Company.
- Disclose your identity or other information about you to any third party who claims that material posted or otherwise provided by you violate their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
- Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use or the terms of any other commercial agreement you have entered into with Company.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE
COMPANY/ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party, including, but not limited to, any third party educational or informational materials posted on or otherwise linked to from the Website. We
have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Content Standards; Copyright Infringement
Any User-Provided Materials you provide must, in their entirety, comply with all applicable federal, state, local and international laws and regulations. In addition, the content standards set forth below (“Content Standards”) apply to any and all User-Provided Materials. Without limiting the foregoing, you represent and warrant that the User-Provided Materials you provide will not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy.
- Contain false, untrue or misleading information or otherwise be likely to deceive any person.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
In the event that we determine, in our sole discretion, that you are violating any of the Content Standards, we reserve the right to remove any applicable
User-Provided Materials, and/or terminate your access to the Website. In the event we determine that you are repeatedly infringing the copyrights of any third parties your account will be terminated and your continued access to the
Website will be denied in accordance with the Digital Millennium Copyright Act
(“DMCA”).
If you believe that any User-Provided Materials violate your copyright, you may submit a notification pursuant to the DMCA by providing us with the following information in writing (collectively, a “Notice”) (see 17 U.S.C 512(c)(3) for further details):
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interests;
- a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- identification of the URL or other specific location on the Website where the material that you claim is infringing is located;
- your address, telephone number, and email address;
- a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
All Notices must be sent to us at rar3cookiesluv@gmail.com
Indemnification
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to (i) your violation of these Terms of Use including, but not limited to, any representations or warranties made herein; (ii) your use of the Website; (iii) your User-Provided Materials, including any claims that the User-Provided Materials are false, inaccurate or misleading; (iv) any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use; or (v) your use of any information obtained from the Website. We reserve the right to assume the defense of any indemnifiable claim in which case you agree to provide Company with any and all information, assistance and cooperation as may be requested in connection with the defense
of such claims.
You agree to indemnify, defend and hold harmless Rar3 Enterprises and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.
Links from the Website
Certain content, products, and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes
links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Geographic Restrictions
The owner of the Website, RAR3 COOKIES, is a Texas limited liability company. The Website and Company’s services are not intended for users, individuals or entities outside of the United States, including by individuals located within the European Union. If you are a United States citizen or resident, you should only use the Website from within the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Accuracy of Billing and Account; Subscription Service; Canceling Subscription Service
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed.
Subscriptions will be based on the frequency that you select. The price that you are charged is based on the product and chosen frequency of every 1 Week, 2 Weeks, or 4 Weeks. When you subscribe you are given a 15% discount, plus any special promotion rate if applicable.
When you make an online purchase from https://www.rarecookies.com/ you are given the option to purchase a single item; or opt-in for our subscription service. However, you are able to make a single purchase of our products and are not obligated to subscribe. When making a purchase you are not automatically enrolled in our Rar3 Cookies – subscription service.
If you would like to upgrade your subscription – please contact us 2 days before your subscription is scheduled to recharge. You will need to send an email to rar3cookiesluv@gmail.com. Also, you will be charged the full amount of the upgrade or downgrade.
You hereby authorize us and our merchant provider(s) to charge your credit card, debit card, or other payment methods in advance for all applicable fees incurred by you or on your behalf in connection with the products that you have chosen to purchase. You are solely responsible for all charges, fees, duties, taxes, and assessments arising out of any use of your account by you or anyone else using your account. We reserve the right to terminate any account at any time for any reason. Your payment method will be charged on your selected delivery schedule date, which is based on the original purchase date and chosen frequency.
YOU HEREBY ACKNOWLEDGE THAT YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW UNTIL YOU CANCEL IT. ALL CANCELLATIONS WILL BE APPLIED TOWARDS FUTURE ORDERS – NOT PAST ORDERS.
In order to avoid being charged for your next subscription – you will need to cancel your subscription at least two full business days before your next subscription renewal date. We will continue to bill your Payment Method on a recurring basis until you cancel your subscription. When you cancel your subscription you are avoiding any upcoming recurring charges scheduled. To cancel your subscription, call support or by email.
Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Your Relationship with Rar3
BY USING THE WEBSITE, AND BY ENTERING INTO THESE TERMS OF USE, YOU AGREE AND ACKNOWLEDGE THAT you and Company are in a direct business relationship, and the relationship between the parties under these Terms of Use is solely that of independent contracting parties. You and Company expressly agree that (1) this is not an employment agreement and does not create an employment relationship between you and Company; and (2) no joint venture, franchisor-franchisee, partnership, or agency relationship is intended or created by these Terms of Use. You have no authority to bind Company, and you undertake not to hold yourself out as an employee, agent or authorized representative of Company.
Changes to the Terms of Use; Modifications to the Service and Prices
We may revise and update these Terms of Use from time to time in our sole discretion and without prior notices, except that we will notify you of any material changes to the Terms of Use, including, but not limited to, dispute resolution, governing law and jurisdiction provisions set forth herein (“Material Changes”). All changes are effective immediately when we post them. However, Material Changes will not apply to any disputes that arise prior to the date that you have actual notice of such Material Changes.
Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected
to check this page from time to time so you are aware of any changes, as they are binding on you. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any
time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Products or Services (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our return policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right but are not obligated to limit the sales of our products or Services to any person, geographic region, or jurisdiction.
We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
Errors, Inaccuracies, and Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
User Comments, Feedback, and Other Submissions
If at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or
these Terms of Service. You agree that your comments will not violate any rights of any third-party, including copyright, trademark, privacy, personality, or another personal or proprietary right.
You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Entire Agreement
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Rar3 with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website. Govern your use of the Site or in regard to the Products or Services, and any and all other written or oral agreements or understandings previously existing between you
and Rar3 with respect to such use of the Site or in regard to the Products or Services (including, but not limited to, any prior versions of these Terms of
Service) are hereby superseded and canceled. Any interpretation of these Terms of Service shall not be construed against the drafting the party.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitute the entire agreement and understanding
between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Contact Us
If you have any questions or comments about these Terms of Use or the Site, please contact us
Rar3 Enterprises LLC
Houston, TX 77014
rar3cookiesluv@gmail.com
Any feedback you provide at this Site will be deemed to be non-confidential. Rar3 shall be free to use such information on an unrestricted basis.
Information in this Site is subject to change without notice.
Copyright © Rar3 Enterprises. All rights reserved.