Members Only Buyer's Club Terms of Service and User Agreement
THE FOLLOWING DESCRIBES THE TERMS AND CONDITIONS ("TERMS") ON WHICH R AND J INTERNATIONAL OFFERS YOU ACCESS TO OUR MEMBER'S ONLY BUYERS CLUB. PLEASE READ THIS AGREEMENT CAREFULLY.
Welcome to R and J International. R and J International offers Zippo lighters and Zippo products at 45 percent off the manufactures suggested retail price through its Members Only Buyer's Club.
As a condition of your participation in the R and J International Members Only Buyer's Club, you (hereinafter "You" or "User") agree to abide by the Terms of this User Agreement ("Agreement").
By accessing the pages or the information contained on the R and J International Members Only Buyer's Club located at http://www.randjinternational.com ("the Site" or "our Site") through any device or service, or by using the Service in any manner, You agree to be bound by the following Terms.
Modifications of Terms: R and J International reserves the right to make changes to our Site, this Agreement, or the policies incorporated herein by reference, with or without notice. Therefore, it is recommended that You regularly visit this page and familiarize yourself with the latest version of this Agreement. Your continued use of our Members Only Buyer's Club will signify Your acceptance of any revised Terms. This Agreement may not be otherwise be amended, except in writing, by R and J International. Unless otherwise stated, all amended terms shall be effective upon posting to the R and J International online forum.
This Agreement is effective as of 12:01 AM EST, October 1, 2003.
Membership / Access Eligibility: Our Members Only Buyer's Club is available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our Members Only Buyer's Club is not available to minors (people under the age of majority in their state or province of residence) or to temporarily or permanently suspended members of R and J International Members Only Buyer's Club. If you do not qualify, please do not use our Members Only Buyer's Club. Additionally, R and J International reserves the right to refuse access to, or use of our Site and the Members Only Buyer's Club to anyone, at anytime, at its sole discretion.
Registration; Your Account: You must register on the Site ("Registration") to use our Members Only Buyer's Club. During Registration You will be asked to provide information such as Your name, address, telephone number and email address. You will also be asked to create an account consisting of a User ID and password ("Your Account") to identify yourself in future visits to the Site. It is YOUR responsibility to maintain the confidentiality of Your User ID and password and You agree to accept responsibility for all activities that occur under Your Account. You may not transfer, assign or sell Your Account to any third party.
Fees and Charges: To purchase Zippo lighters and Zippo products at 45 percent off the manufactures suggested retail price, you must join the R and J International Members Only Buyer's Club. There is an annual membership fee to belong to the Members Only Buyer's Club. This fee is posted on our membership signup and membership renewal pages. All memberships are for a 365 day period from the date you are granted access to the Members Only Buyer's Club online store.
Membership Renewal: R and J International does not automatically renew your membership. You must visit our renewal page located at http://www.randjinternational.com/amember/member.php. A renewal notice will be sent prior to your membership expiration. You may renew your Members Only Buyer's Club membership at anytime. If you renew your membership prior to your memberships expiration date, 365 days will be added to the remaining time in your current membership. EXAMPLE: If you have 20 days left in you current membership and you renew, you will have 385 days in your renewed membership.
Refund Policy: NO REFUND OF THE MEMBER'S ONLY BUYERS CLUB FEE WILL BE ISSUED IN PART OR IN WHOLE FOR ANY REASON.
DISCLAIMER OF WARRANTIES: YOU AGREE THAT USE OF OUR SERVICE IS AT YOUR SOLE RISK. THE SITE AND OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTY OR CONDITION OF ANY KIND. R and J International EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND NONINTERFERENCE WITH YOUR ENJOYMENT OF THE SITE OR SERVICES. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to You.
R AND J INTERNATIONAL MAKES NO WARRANTY THAT THE MEMBER'S ONLY BUYERS CLUB WILL SATISFY YOUR REQUIREMENTS, OR THAT OUR MEMBER'S ONLY BUYERS CLUB WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE, OR VIRUS FREE. NOR DOES R AND J INTERNATIONAL MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MEMBER'S ONLY BUYERS CLUB OR OUR SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE MEMBER'S ONLY BUYERS CLUB.
YOU UNDERSTAND AND AGREE THAT OBTAINING ANY INFORMATION OR MATERIAL AND/OR GOODS OR SERVICES THROUGH THE MEMBER'S ONLY BUYERS CLUB IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM ANY TRANSACTION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM R AND J INTERNATIONAL OR THROUGH OR FROM THE SITE OR MEMBER'S ONLY BUYERS CLUB SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
LIMITATION OF LIABILITY: IN NO EVENT SHALL R AND J INTERNATIONAL OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARENTS, SUBSIDIARIES, PARTNERS AND AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, (HOWSOEVER ARISING, INCLUDING NEGLIGENCE), INCLUDING BUT NOT LIMITED TO, DAMAGES FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, RESULTING FROM OR IN CONNECTION WITH (I) OUR SITE, SERVICES OR THIS AGREEMENT, (II) THE RECEIPT OF DATA, INFORMATION OR MESSAGES, (III) TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE OR SERVICES, OR (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, EVEN IF R AND J INTERNATIONAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL R AND J INTERNATIONAL BE LIABLE FOR ANY DAMAGES WHATSOEVER
RESULTING FROM THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY, OR THE INTERRUPTION, SUSPENSION OR TERMINATION OF THE SERVICES AND OR MEMBER'S ONLY BUYERS CLUB, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT.
IN NO EVENT SHALL R AND J INTERNATIONAL'S TOTAL LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY DAMAGE, LOSS, OR CAUSE OF ACTION EXCEED THE LESSER OF (I) THE DOLLAR VALUE OF THE ACTUAL LOSS OR (II) ONE HUNDRED DOLLARS ($100). Some jurisdictions do not allow the limitation or exclusion of warranties or of liability for incidental or consequential damages so some of the foregoing above may not apply to You.
Indemnity: You agree to defend, indemnify and hold R and J International and (as applicable) its officers, directors, employees, agents, parents, subsidiaries, partners and affiliates harmless against any and all claims made by or liabilities to any third party resulting from any activities conducted under Your Account, Your use or misuse of the Site, including, but not limited to, posting content on the Site, entering into transactions with other Site users, contacting others as a result of their postings on the Site, infringing a third party's intellectual property or other rights, failing to deliver goods or payment to other Site users or otherwise arising out of Your breach of any Terms of this Agreement.
Arbitration: R and J International is not liable under this Agreement for any injury You may suffer or allege to suffer as a User of this Site. In the event, however, that You wish to assert any claim against R and J International for any purpose whatsoever, You expressly agree that such dispute will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association and that the arbitration will take place in Bonney Lake, Washington. You agree that notwithstanding any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. Legal action taken by R and J International to collect fees and/or recover damages for, or obtain an injunction relating to, the Site operations, intellectual property, and our Services shall not be subject to the foregoing
Notice: Any notices given pursuant to this Agreement that are directed to R and J International shall be given by postal mail to: R and J International 9605 192nd Ave East Unit A, Bonney Lake, Washington 98391. Attn: Legal. Any notice from R and J International that is directed to You shall be delivered to the mailing address or email address You provided us at the time of Registration. Notice shall be deemed given twenty four (24) hours after email is sent, unless R and J International is notified that the email address is invalid or, in the case of notice sent via postal mail, three (3) business days after the date of mailing. R and J International may also give notice of changes to these Terms or other matters related to R and J International by displaying notices to Users on the Site.
Language: It is the express intent of the parties that this Agreement and any related documents be drawn up and executed in the English language.
General: This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to its conflict of laws principles, as if formed by between Ohio residents. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of any section. If any part of this Agreement is deemed invalid or void, that part of the Agreement shall be deemed severable and shall not affect the validity or enforceability of any of the remaining conditions. R and J International's failure to act with respect to a breach by You or others does not waive our right to act with respect to subsequent or similar breaches. You and R and J International are independent contractors. No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this