Welcome to the RESPOKE LLC (“Respoke,” “we” or “us”) website, respoke.com (the “Site”). We ask that you abide by the terms and conditions that follow, along with any other terms and conditions that may appear on the Site from time-to-time (collectively, the “Conditions”). To the extent any other conditions on the Site conflict with any of these terms and conditions, these terms and conditions will take precedent. Your use of the Site and/or or shopping on the Site constitutes your agreement with the Conditions that follow and we reserve the right to revise these Conditions at any time. When we make changes, we will post them here. You agree to check this section periodically to be aware of any changes and your continued use of the Site shall be considered your agreement to any modified Conditions. If you do not agree to these Conditions, please do not use the Site.
Unless otherwise noted, all materials, including, but not limited to, images, illustrations, designs, icons, photographs, video clips, and written and other content that appear as part of the Site (collectively, the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual properties owned by or licensed to Respoke. The Contents, and the Site as a whole, are intended solely for personal, non-commercial use by the users of the Site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal, non-commercial use only and subject to any other restrictions herein. No right, title or interest in any downloaded materials, software or other Contents is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software. The Site as a whole is protected by copyright and trade dress and all worldwide rights, titles and interests in and to the Site are owned by Respoke.
Respoke grants you a limited license to access and make personal use of this Site. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Respoke. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Respoke without express written consent. You may not use any meta tags or any other “hidden text” utilizing Respoke’s name or trademarks without the express written consent of Respoke. Any unauthorized use terminates the permission or license granted by Respoke. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the homepage of respoke.com so long as the link does not portray Respoke, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Respoke logo or other proprietary graphic or trademark as part of the link without express written permission.
RESPOKE, and other respoke.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Respoke in the United States and/or in a number of other international countries. Respoke’s trademarks and trade dress may not be used in connection with any product or service that is not Respoke’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Respoke. All other trademarks not owned by Respoke that may appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Respoke.
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, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. 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 we make a change to or cancel an order, we will 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. If your payment method has already been charged for an order that is later cancelled, Respoke shall issue you a refund.
Respoke attempts to be as accurate as possible. However, Respoke does not warrant that product descriptions or other content of this Site is 100% accurate, complete, reliable, current, or error-free. If a product offered by Respoke itself is not as described, your sole remedy is to return it in unused condition.
Most Respoke products displayed on the Site are available in select stores in the United States and select foreign markets while supplies last. In some cases, all merchandise displayed on the Site may not be available for sale in stores.
You may purchase Respoke products only for personal use. You may not re-sell or otherwise purchase any Respoke products for commercial use. Any such re-sale for commercial use shall be in violation of these Conditions, including the limited license set forth herein.
We have made every effort to display as accurately as possible the colors of our products that appear on the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
RISK OF LOSS
Items purchased from Respoke may be made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
You agree to defend, indemnify and hold harmless Respoke, its officers, directors, employees, agents, licensors and suppliers from and against any and all claims, charges, complaints, damages, losses, liabilities, costs and expenses (including attorneys’ fees), arising from or relating in any way to your use of the Site.
CHOICE OF LAW
These Conditions shall be construed in accordance with the laws of the State of New York, without regard to any conflict of law provisions. Any dispute arising under these Conditions shall be resolved exclusively by the state and/or federal courts sitting in the County of New York in the State of New York and you consent to exclusive jurisdiction and venue in such courts.
LINKS TO OTHER WEBSITES
This Site may contain links to outside services and resources. You acknowledge that (a) Respoke is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites; and (b) Respoke is not responsible for any other form of transmission received from any linked site. Respoke is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Respoke of the site. Any concerns regarding any such link should be directed to the particular third party website.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
TO THE FULLEST EXTENT PERMITTED UNDER LAW, THIS SITE AND THE MATERIALS AND PRODUCTS ON THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED UNDER LAW, RESPOKE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANT-ABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. RESPOKE DOES NOT REPRESENT OR WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE OR ANY EMAIL SENT TO YOU ARE FREE OF VIRUSES OR ANYTHING ELSE HARMFUL. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. RESPOKE DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY OR OTHERWISE. RESPOKE RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS AND TO CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE (INCLUDING AFTER YOU HAVE SUBMITTED YOUR ORDER). WE APOLOGIZE FOR ANY INCONVENIENCE THIS MAY CAUSE YOU. SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT SHALL RESPOKE OR ANY OF ITS AFFILIATED ENTITIES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES THAT RESULT FROM (A) THE USE OF, OR INABILITY TO USE, THE SITE; (B) THE PERFORMANCE OF THE SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THE SITE; OR (C) THE CONDUCT OF OTHER USERS OF THE SITE, EVEN IF RESPOKE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOUR ONLY REMEDY AGAINST RESPOKE FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE. THAT SAID, IF RESPOKE IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE OR ANY CONTENT, RESPOKE LIABILITY SHALL NOT EXCEED US$100.00. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OR ALL OF THE ABOVE MAY NOT APPLY TO YOU.
When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Unless otherwise specified and except to the extent Respoke products are offered for sale in the United States and select foreign markets through this Site, this Site and the Contents thereof are displayed solely for the purpose of promoting Respoke products and services available in the United States and select foreign markets. This Site is controlled and operated by Respoke from its offices in New York.
These Conditions including, without limitation, any other Conditions that may appear on the Site from time-to-time contain the full understanding with respect to your use and access of the Site and supersede all prior agreements, terms, conditions and understandings, both written and oral, with respect to such use and access of the Site. If any portion of these Conditions is held to be invalid or unenforceable, the invalid or unenforceable portion shall be modified in accordance with the applicable law as nearly as possible to reflect the original intention of the applicable provision, and the remainder of these Conditions shall remain in full force and effect. A printed version of these Conditions and of any notices given to you in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The failure of Respoke to insist upon or enforce strict performance by you of any provision of these Conditions shall not be construed as a waiver of any provision or right. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Conditions. We may provide notice to you relating to the Site and/or these terms and conditions by sending an e-mail to your last known e-mail address, and any such notice shall be deemed given and received on the day it is sent. You may not use the Site or export the Content in violation of United States export laws and regulations. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws.