WEBSITE TERMS, CONDITIONS AND TERMS OF USE
THE INFORMATION CONTAINED HEREIN SETS FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE TRANSACTION(S)
CONTEMPLATED FOR HEREBY AND YOUR USE OF THE SITE IN GENERAL. THESE TERMS REQUIRE THE USE OF ARBITRATION (ON AN
INDIVIDUAL BASIS ONLY; I.E., CASE CONSOLIDATIONS AND CLASS-ACTIONS ARE NOT PERMITTED) IN ORDER TO RESOLVE DISPUTES.
PLEASE REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ENTERING INTO ANY TRANSACTION HEREUNDER IN ORDER TO CONFIRM
YOUR ACCEPTANCE HEREOF. YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE UNLESS AND UNTIL
YOU: (A) AGREE TO THESE TERMS AND CONDITIONS IN THEIR ENTIRETY; (B) ARE AT LEAST 18 YEARS OLD; AND (C) ARE NOT
PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS, OR SERVICES BY ANY
APPLICABLE LAW, RULE, OR REGULATION.
1. Applicability of Terms and Conditions: These terms and conditions (these "Terms") shall apply to your purchase of products and related
services through Rheah.com (the “Site”) as well as your use of the Site, in general. These Terms are subject to change at any time without
prior written notice by Rheah (referred to herein as either “Company,” “we,” “us,” or “our”). The most recent version of these Terms shall be
posted for your review at any time on the Site. Please review these Terms in their entirety prior to engaging in any transaction on the Site.
Your continued use of the Site after any posting of updated Terms (which shall be dated as of their most recent update) shall constitute your
acceptance of and agreement to any changes therein made. You should also review our Privacy Policy before placing an order for products
through the Site. THIS SITE IS NOT INTENDED FOR ANYONE UNDER THE AGE OF EIGHTEEN (18).
2. Site Use and Content. You may view, copy or print pages from the Site solely for personal, non-commercial purposes. You may not otherwise
use, modify, copy, print, display, reproduce, distribute or publish any information from the Web Site without the express, prior, written consent
of the Company.
3. Please review our Privacy Policy, which also governs your visit to Rheah.com to understand our privacy-related practices.
4. The services provided to you on and via Rheah.com are provided on an "AS IS" basis. You agree that Rheah reserves the right to modify or
discontinue provisions of Rheah.com and its services, and to remove the data you provide, either temporarily or permanently, at any time,
without notice and without any liability towards you. Rheah will not be held responsible or liable for timeliness, removal of information, failure to
store information, inaccuracy of information, or improper delivery of information.
5. Online Account Access. For certain features available through the Site, you are able to create a Rheahs’ Loyalty Program account (“User
Account”). For self-enrollment, you must provide Account-specific information to authenticate yourself (i.e. Account owner name, address,
email address, phone number, and password). We use reasonable precautions to protect the privacy of your User Account information by
utiliz. Accordingly, your UserID, password and User Account information are encrypted using an SSL connection and are not expected to be
read in an intelligible form as they travel to the Web Site. You, however, are ultimately responsible for protecting your UserID, password and
User Account information from disclosure to third parties, and you are not permitted to circumvent the use of required encryption technologies.
You are required to take reasonable precautions to safeguard your UserID and password. You agree to never leave your computer
unattended while using the Online Service and to always exit the Online Service by clicking on “Log Out.” You also agree to immediately notify
the Company of any unauthorized use of your UserID, password and/or User Account, or any other breach of security by notifying us. You are
solely responsible for any activity that occurs with respect to your User Account and UserID. While we provide certain encryption technologies
and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee
or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, error, interception or
interruption.
6. Reliance by Company. You authorize the Company to rely on your UserID and password to identify you when you use your User Account, and
as signature authorization for any payment made using the User Account. You acknowledge and agree that you are responsible for all
payments you make using your User Account. You also acknowledge and agree that if you permit another person or persons to use the User
Account or give them your UserID and/or password, you are responsible for any payment that person makes to your User Account, even if the
person exceeds your authorization.
7. Termination of User Account. Company reserves the right to terminate your User Account for any reason including inactivity and at any time
without notice to you. You have the right to terminate your use of the User Account by writing to the Company at the address provided at the
end of these terms. Any termination of your use of the User Account, whether by you or the Company, will not affect any of your or the
Company’s rights and obligations under these Terms that have arisen prior to the effective date of such termination.
8. Online Orders: When placing an order on our Site, you are effectively offering to purchase whatever products and services you select by
different vendors. Rheah and or it’s vendors reserve the right to accept or reject any order in our own discretion. We will only accept or reject
an order in its entirety. Should we elect to accept your offer, you will receive a confirming email at the email address that you provide at such
time. Notwithstanding, we reserve the right to cancel any order once accepted by us (as evidenced by a confirming email) at any time in our
sole discretion. Additionally, you have the option of cancelling your order (prior to tracking number added by vendor) at any time prior to our
having sent to you the confirming email referenced herein.
9. Payment Terms: All applicable prices are set forth alongside the goods and services offered on the Site. They may differ from the prices
offered elsewhere (online or offline) by its vendor for the same goods and/or services. Such prices are subject to change at any time by us in
our sole discretion. Additionally, to the extent that we offer a promotion in connection with any particular item, the terms of such offer shall be
set forth in a separate document that shall govern its applicability (and, in the event of a conflict herewith, be considered the governing
document). We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such
occurrences. You will be responsible for the prices stated at the time of your transaction, as well as any: (i) sales, use, excise, and related
taxes; and (ii) shipping and handling charges. Payment may only be made with a valid credit, debit card, or use of a bona-fide electronic
payment provider (i.e., PayPal). By using any such card or payment provider, you are hereby representing and warranting your full right and
authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation.
10. Shipping Information: It is the vendor’s responsibility to ship your accepted order to you at the address you provide when making the order.
You will be responsible for all associated shipping & handling charges. While we agree to use reasonable efforts to meet the shipping and
delivery dates provided online, we shall not be responsible for any delays in shipments. Title and risk of loss pass to you upon delivery.
11. Returns: Except for any products designated on the Site as final sale or non-refundable, if you, for any reason, are not satisfied with your
order, you may return it for a refund once approved by it’s vendor where purchase was made from and shipped from, provided: (i) the items(s)
were not designated as non-returnable; (ii) your return is made within thirty (30) days of delivery; and (iii) the merchandise is returned in the
same condition as originally received by you to the correct vendor that you purchased from. Once the goods are received by the vendor we
will refund your purchase price in the form that payment was made, less the original shipping & handling. All returns must be made pursuant to
the specific return procedure specifically set forth on the Site by each vendor. (which can be found at police and fine print listed by each
individual vendor). You are responsible for all shipping and handling costs on returned items, unless otherwise specified. You bear the risk of
loss or damage during shipment (other than when returning non-conforming merchandise) and as such, you are advised to obtain appropriate
insurance. Your refund will be credited back in the same form of payment made or by Rheah electronic store credit.
12. Privacy Policy and Website Terms of Use: We respect your privacy and are committed to protecting it. Our Privacy Policy
[Rheah.com/PrivacyPolicy] governs the processing of all personal data collected from you in connection with your purchase of products or
services through the Site.
13. Text Messaging and Telephone Calls. Certain portions of the Services may allow us to contact you via telephone text messages. You agree
that the Company may contact you via telephone or text messages including by an automatic telephone dialing system at any of the phone
numbers provided by you or on your behalf in connection with your use of the Services, including for marketing purposes (including cart
reminders and promotional offers). You understand that you are not required to provide this consent as a condition of purchasing any
products. You also understand that you may opt out of receiving text messages from us at any time, by contacting us
at privacy@rheah.com or texting “STOP”. After you send the text message "STOP" to us, we will send you a text message to confirm that you
have been unsubscribed. After this, you will no longer receive text messages from us. If you want to join again, just sign up as you did the first
time and we will start sending text messages to you again. If you are experiencing issues with the messaging program you can text “HELP” for
more assistance, or you can get help directly at privacy@rheah.com. Carriers are not liable for delayed or undelivered messages. As always,
message and data rates may apply for any messages sent to you from us and to us from you. Messaging frequency may vary. If you have any
questions about your text plan or data plan, it is best to contact your wireless provider. If you do not choose to opt out, we may contact you as
outlined in our privacy policy.
14. Buyer Representations and Warranties. You represent and warrant to us as follows: (i) that you have the right to enter any transaction
contemplated for hereby without violating these Terms, any applicable law, rule, or regulation, and/or any agreement with, or rights of, any
third party; (ii) that you will use the goods and services provided hereunder exactly as authorized and never in any way that would violate any
applicable law or third party right of any kind; and (iii)
15. WARRANTY AND COMPANY’S DISCLAIMERS: We do not manufacture or ship (or direct the manufacture of) any of the goods or services
offered on our Site in any way. Each individual brand, manufacturer or vendor, ships the goods ordered. Rheah does not ship any of the
purchased goods on our Site. The services provided by Rheah does not constitute an affiliation with or endorsement of any of the goods or
services or their vendors or brand manufacturer. As such, subject to applicable law, we are providing the services to you “as is” without
express or implied warranties of any kind (including without limitation any: (i) warranty of merchantability; (ii) warranty of fitness for a particular
purpose; (iii) warranty of title; or (iv) warranty against infringement of intellectual property rights of a third party, whether express or implied by
law, course of dealing, course of performance, usage or trade, or otherwise).
16. LIMITATION OF LIABILITY: IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL,
INDIRECT, INCIDENTAL, SPECIAL,EXEMPLARY, PUNITIVE OR ENCHANCED DAMAGES, LOST PROFITS OR REVENUE OR
DIMUNITION IN VALUE, ARISING OUT OF OR RELATING TO ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER
SUCH DAMAGES WERE FORSEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POLSSIBILITY OF SUCH DAMAGES AND
(C) THE LEGAL OR EQUIRTABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. OUR SOLE
AND EXCLUSIVE LIABILITY FOR ANY REASON AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATESOEVER,
SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU TO US UNDER THESE TERMS FOR THE PRODUCTS AND SERVICES
YOU HAVE ORDERED THROUGH THE SITE IN THE SIX (6) MONTHS IMMEDIATELY PRECEEDING THE CLAIM. THIS LIMITATION OF
LIABILITY SHALL NOT APPLY FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
17. Third Party Content.
1. COMPANY may provide hyperlinks to other web sites maintained by third parties, or COMPANY may provide third party content on
the Site by framing or other methods. THE LINKS TO THIRD PARTY WEB SITES ARE PROVIDED FOR YOUR CONVENIENCE
AND INFORMATION ONLY. THE CONTENT ON ANY LINKED WEB SITE IS NOT UNDER COMPANY’S CONTROL AND
COMPANY IS NOT RESPONSIBLE FOR THE CONTENT OF LINKED WEB SITES, INCLUDING ANY FURTHER LINKS
CONTAINED IN A THIRD PARTY WEB SITE. IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY WEB SITES LINKED
TO THE WEB SITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.
2. If a third party links to the Site, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint
venture or partnership by or with the Company. In most cases, the Company is not even aware that a third party has linked to the
Web Site. A web site that links to the Site: (i) may link to, but not replicate, the Company’s Content; (ii) may not create a browser,
border environment or frame the Company’s Content; (iii) may not imply that the Company is endorsing it or its products; (iv) may
not misrepresent its relationship with the Company; (v) may not present false or misleading information about the Company’s
products or services; and (vi) should not include content that could be construed as distasteful, offensive or controversial, and
should contain only Content that is appropriate for all age groups.
18. Copyright and Trademarks. The trademarks, service marks and logos used and displayed on the Site are the Company’s, or its subsidiaries’
or affiliates’, registered and unregistered trademarks. The Company is the copyright owner or authorized licensee of all text and all graphics
contained on the Site. All trademarks and service marks of the Company that may be referred to on the Site are the property of the Company.
Other parties’ trademarks and service marks that may be referred to on the Site are the property of their respective owners. Nothing on the
Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the Company’s trademarks or
service marks without the Company’s prior written permission. The Company aggressively enforces its intellectual property rights. Neither the
name of the Company nor any of the Company’s other trademarks, service marks or copyrighted materials may be used in any way, including,
without limitation, in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the Site or otherwise, without
the Company’s prior written permission. If you believe that any content on the Site violates any intellectual property right of yours, please
contact the Company at the address, email address or telephone number set forth at the bottom of these Terms.
19. User Submissions. All comments, feedback, postcards, suggestions, ideas, images, photographs, video clips, audio clips, graphics, tags, data,
materials, information and other submissions disclosed, submitted or offered to the Company or included with any hashtags or photo tags
provided by the Company, on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively,
'User Content') shall be and remain the Company's property. Such disclosure, submission or offer of any User Content shall constitute an
assignment to the Company of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the User Content.
Thus, the Company will own exclusively all such rights, titles and interests and shall not be limited in any way in its use or modifications to the
submission, commercial or otherwise, of any User Content. The Company is not and shall not be under any obligation (1) to maintain any User
Content in confidence; (2) to pay to user any compensation for any User Content; (3) to credit or acknowledge any user for User Content; or
(4) to respond to any User Content. You agree that User Content submitted by you to the Site will not violate the rights of any third party,
including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that User Content submitted by you to the
Site will not be and will not contain libelous or otherwise unlawful, abusive, obscene, or otherwise objectionable material in the Company’s
sole discretion. You are and shall remain solely responsible for any User Content you submit on the Site. You agree that the Company may
use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity. By participating
in Site sweepstakes, contests, promotions, and/or requesting promotional information or product updates, you agree that the Company may
use your information for marketing and promotional purposes.
20. Force Majeure. Company shall not be held responsible for delays or non-performance caused by activities or factors beyond its reasonable
control, including without limitation, war, weather, strikes, floods, lockouts, fires, acts of God, terrorism, and/or delivery, vendor, supplier, or
other third party delays, non-performance, or failures of any kind.
21. Third-Party Beneficiaries: These Terms are for your sole benefit and nothing herein, express or implied, is intended to or shall confer upon any
other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms. We may
make available a link to a third party’s website. These links will let you leave this website. The linked websites are not under our control, and
we are not responsible for the contents of any linked website or any link contained in a linked website, or any changes or updates to such
websites. We are not responsible for webcasting or any other form of transmission received from any linked website. We provide the links to
you only as a convenience. Rheah will not in any manner be liable for or responsible for any of your dealings or interaction with third parties.
22. Assignment: Company may assign or otherwise transfer any or all of its rights or obligations hereunder, in whole or in part, to any third party in
its sole discretion. You may not assign any of your rights or delegate any of your duties hereunder at any time without our prior written consent
in each instance, and any attempt to do so shall be null and void.
23. Severability: In the event that any part or portion of these Terms is deemed to be invalid, illegal, or unenforceable, the remaining provisions
shall continue in full force and effect.
24. Governing Law/Binding Arbitration
1. Governing Law. The Site is operated from the United States of America. All matters arising out of or relating to these Terms are
governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or
conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the
laws of any jurisdiction other than those of the State of California.
2. Binding Arbitration. Subject to subsection (c) below and all applicable laws, you are agreeing to give up: (i) your right to litigate any
claims that may arise hereunder in court or before a jury; and (ii) your right to consolidate any claim and/or participate in any class-
action claim that may arise hereunder in any manner or forum. Instead, any claim, dispute, or controversy of any kind or nature
arising hereunder which cannot be amicably resolved by us shall be solely and finally settled by arbitration administered by the
American Arbitration Association in accordance with its commercial arbitration rules. Judgment on the award rendered by the
arbitrator may be entered in any court having jurisdiction thereof. The arbitration shall take place before a panel of one arbitrator
sitting in Los Angeles, California. The language of the arbitration shall be English. The arbitrators will be bound to adjudicate all
disputes in accordance with the laws of Los Angeles, California. The decision of the arbitrator shall be in writing with written findings
of fact and shall be final and binding on the parties. Both parties shall bear their own costs in association with any arbitration;
provided, however, that if we are the prevailing party, we shall be entitled to reimbursement of our costs and expenses in such
Arbitration. With respect to any arbitration hereunder, as stated above, you hereby expressly waive any right to consolidate any
claim and/or participate in any class-action claim of any kind or nature. This Section (22) provides your sole recourse for the
settlement of any disputes arising out of, in connection with, or related to these Terms. If any provision of this clause is found
unenforceable, such unenforceable provision will be removed and the remaining terms will be enforced.
3. Small-Claims Option: Notwithstanding the foregoing, you may elect to pursue a breach of warranty claim in small-claims court rather
than submit to binding arbitration, but only if you provide us with written notice of your desire to do so within 60 days of your
purchase transaction. Any small-claims court proceeding initiated hereunder will be limited solely to your individual dispute; i.e., you
are not permitted to file, or participate in, a class action suit in small-claims court with respect to these Terms.
25. No Waivers: The failure by us to enforce any right or provision of these Terms shall not constitute a waiver of future enforcement of that right
or provision. The waiver of any right or provision shall be effective only if in writing and signed by a duly authorized representative of Rheah.
26. Notices To You. We may provide any notice to you under these Terms by: (1) sending a message to the email address you provide; (ii) regular
mail to the address you provide; or (iii) by posting to the Site. Notices sent by email will be effective when we send the email, notices sent by
regular mail shall be effective THREE (3) days after the notice is sent and notices we provide by posting will be effective upon posting. It is
your responsibility to keep your email address current.
27. To Us. To give us notice under these Terms, you shall contact us as follows: (i) by electronic mail to privacy@rheah.com. We may update the
email address and address for notices to us by posting a notice on the Site. Notices provided by personal delivery shall be effective
immediately. Notices provided by electronic mail shall be effective one business day after they are sent. Notices provided by registered or
certified mail shall be effective three business days after they are sent.
28. Entire Agreement: These Terms, along with the confirmation email referenced in Section (3) above, any instructions that we provide you with
relating to any service provided to you obtain from us through the Site, any terms and conditions that may be provided in connection with any
promotion or other sale, and our Site’s ‘Privacy Policy shall, collectively, be deemed a final and integrated agreement between you and us with
respect to the subject matter hereof.
29. YOUR CONSENT TO THIS AGREEMENT By accessing and using the Site, you consent to and agree to be bound by the terms of the
foregoing Terms. If we decide to change these Terms, we will make an effort to post those changes on the Site so that you will always be able
to understand the terms and conditions that apply to your use of the Site and/or the User Account. Your use of the Site and/or the User
Account following any amendment of these Terms will signify your assent to and acceptance of its revised terms.
30. If you use this website Rheah.com, you are responsible for maintaining the confidentiality of your account and other related login and account
information and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or
password. You agree to immediately notify us of any unauthorized use of your account or any other breach of security. In consideration of your
use of this website, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the forms for your
account, and (b) maintain and promptly update the account information to keep it true, accurate, current and complete. If you provide any
information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current and future use of this website.
Account information and certain other information about you are also subject to our Privacy Policy. We reserve the right to refuse service,
terminate accounts, remove or edit content, or cancel orders in our sole discretion.
31. You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other
materials ("content"), made available publicly or privately, will be under the sole responsibility of the person providing the said content, or of
the person whose user account is used. You agree that Rheah.com may expose you to content that may be objectionable or offensive. Rheah
will not be responsible to you in any way for content displayed on Rheah.com nor for any error or omission.
By using Rheah.com or any service provided, you agree that:
1. you will not provide any content or conduct yourself in any way that may be construed as: unlawful; illegal; threatening; harmful;
abusive; harassing; stalking; tortious; defamatory; libelous; vulgar; obscene; offensive; objectionable; pornographic; designed to
interfere with or disrupt the operation of Rheah.com or any service provided; infected with a virus or other destructive or deleterious
programming routine; giving rise to civil or criminal liability; or in violation of an applicable local, national or international law;
2. you will not impersonate or misrepresent your association with any person or entity; you will not forge or otherwise seek to conceal
or misrepresent the origin of any content provided by you;
3. you will not collect or harvest any information about other users;
4. you will not provide, and you will not use Rheah.com to provide, any content or service in any commercial manner, or in any manner
that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising or commerce; you
will not use Rheah.com to promote or operate any service or content without prior written consent by Rheah;
5. you will not provide any content that may give rise to Rheah being held civilly or criminally liable, or that may be considered a
violation of any local, national or international law, including -- but not limited to -- laws relating to copyrights, trademarks, patents, or
trade secrets.
6. By providing any content to Rheah.com
(i) you agree to grant Rheah a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other
necessary rights.) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create
derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, and technology
already known at the time of provision or developed subsequently;
(ii) you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant Rheah the license
specified in this section;
(iii) you acknowledge and agree that Rheah will have the right (but not obligation), at Rheah’s entire discretion, to refuse to publish,
or to remove, or to block access to any content you provide, at any time and for any reason, with or without notice.
(iv) you agree to indemnify and hold harmless Rheah and Rheahs’ representatives, subsidiaries, affiliates, related parties, officers,
directors, employees, agents, independent contractors, advertisers, partners, and co-branders, from any claim or demand, including
reasonable legal fees, that may be filed by any third party, arising out of your conduct or connection with Rheah.com or service, your
provision of content, your violation of these Terms of use, or any other violation by you of the rights of another person or party.
32. YOU UNDERSTAND AND AGREE THAT THIS WEBSITE IS PROVIDED BY RHEAH ON AN "AS IS" AND "AS AVAILABLE" BASIS. RHEAH
MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE
OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR
USE OF THIS WEBSITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, RHEAH DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. RHEAH DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS OR EMAIL SENT FROM
RHEAH ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. RHEAH WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND
ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND
CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION
OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS
OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
1. Rheah reserves all of Rheahs’ rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any
other proprietary right that Rheah may have in respect of Rheah.com, its content, and goods and services that may be provided.
The use of Rheahs’ rights and property requires prior written consent by Rheah. By making services available to you, Rheah is not
providing you with any implied or express licenses or rights, and you will have no rights to make any commercial use of Rheah.com
or provided services without prior written consent by Rheah.
2. All information, account information, articles, data, images, passwords, screens, text, usernames, web pages or other materials
(collectively, the "Content") appearing on the website are the exclusive property of Rheah or its subsidiaries: (i) All information,
products, services, text, graphics, logos button icons, images, audio clips, digital downloads, data compilations, software and other
Content contained on or used in the website is protected by United States and international copyright laws. All rights reserved.
Please assume that everything you see or read on the website is copyrighted to, or used with permission from Rheah unless
otherwise noted. (ii) The trademarks, logos, service marks and trade dress (collectively, the "Trademarks") displayed on the website
are registered and unregistered Trademarks of Rheah or others. The Trademarks may not be used in connection with any product
or service that is not ours, in any manner that is likely to cause confusion among customers or in any manner that disparages or
discredits Rheah. All other trademarks not owned by Rheah or its subsidiaries that appear on this website are the property of their
respective owners, who may or may not be affiliated with, connected to, or sponsored by Rheah or its subsidiaries. (iii) Images of
people, objects or places displayed on the website are either the property of, or used with permission by, Rheah. (iv) We own or use
by permission all software contained on the website, including without limitation all HTML code. Copyright and other laws and
international treaty provisions protect this software. (v) The law expressly prohibits any modification, redistribution or reproduction of
the software, and such actions could result in severe civil and criminal penalties. We will seek and support prosecuting violators to
the maximum extent possible. (vi) You may not copy, display, distribute, download, license, modify, publish, re-post, reproduce,
reuse, sell, transmit, use to create a derivative work or otherwise use the Content of the website for public or commercial purposes
without Rheahs’ authorization. Nothing on this website shall be construed to confer any grant or license of any intellectual property
rights, whether by estoppel, by implication or otherwise. (vii) Violations of system or network security may result in civil or criminal
liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement
authorities in prosecuting users involved in such violations. We also reserve the right to disclose any information necessary to
satisfy any applicable law, regulation, legal process or governmental request
3. This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for
any commercial purpose without our express written consent. 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 Rheah without express written
consent. You may not use any meta tags or any other "hidden text" utilizing Rheah’s name or Trademarks without our express
written consent. Any unauthorized use terminates the permission or license granted by us. You are granted a limited, revocable and
nonexclusive right to create a hyperlink to the home page of Rheah so long as the link does not portray Rheah or our products or
services in a false, misleading, derogatory or otherwise offensive matter. You may not use any Rheahs’ logo or other proprietary
graphic or trademark as part of the link without our express written permission.
4. We respect the intellectual property of others. If you believe that your work has been copied and is accessible on the website in a
way that constitutes copyright infringement, please notify us and provide the following information: (i) 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; (ii) Identification of the URL or other specific location on the website
where the material that you claim is infringing is located; (iii) Your name, address, telephone number and email address; (iv) A
statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent or
the law; (v) A statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is either
the owner, or is authorized to act on behalf of the owner, of an exclusive copyright right that is allegedly infringed; and (vi) An
electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest.
5. We may elect to electronically monitor areas of this website and may disclose any content, records or electronic communication of
any kind (i) to satisfy any law, regulation or government request; (ii) if such disclosure is necessary or appropriate to operate the
website; or (iii) to protect our rights or property or the rights of the users. We are not responsible for screening, policing, editing or
monitoring such content. If notified of allegedly infringing, defamatory, damaging, illegal or offensive content, we may investigate the
allegation and determine in our sole discretion whether to remove or request the removal of such content from the website. We may
terminate your access, or suspend your access to all or part of the website, without notice, for any conduct that we, in our sole
discretion, believe is in violation of any applicable law or is harmful to the interests of another user or us.
6. By visiting this website, you agree that the laws of the state of California, without regard to principles of conflict of law, will govern
these Terms of Service and any dispute of any sort that might arise between us.
7. Any dispute relating in any way to your visit to this website or to products you purchase through Rheah should be disputed to each
vendor where the goods where purchased, if this is not resolved, the dispute shall be submitted to confidential arbitration in Los
Angeles, CA, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we
may seek injunctive or other appropriate relief in any state or federal court in the state of California, and you consent to exclusive
jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the
American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of
competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Service shall be joined
to an arbitration regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the
website or the Terms of Use must be filed within one year after such claim or cause of action arose or be forever barred.
8. These Terms of Service constitute the entire agreement and govern the use of the website. You also may be subject to additional
terms and conditions that may apply when you use third-party content or third-party software. Our failure to exercise or enforce any
right or provision of the Terms of Use shall not constitute a waiver of such right or provision. In any provision of the Terms of Use is
found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect
to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.
