1. User’s Acceptance of Terms
2. Use of this Site
This Site may only be used for lawful purposes. You are responsible for the consequences of Your communications, uploads, transmissions, and posting of information on or through this Site, and for use of this Site by anyone accessing it using Your identity or login information. By submitting information through this Site: a), if you are an individual or a sole proprietorship, You represent that You are 18 years of age or older and not subject to any restrictions regarding Your ability to enter into a legal contract; or b) if you are legal entity, You represent that such entity has the legal right to enter in contracts and has been duly authorized to purchase products from this Site and to enter into and perform the terms and conditions set forth in this Agreement, and that the individual who enters all orders or otherwise interacts with us on behalf of such legal entity has been duly authorized to do so by such entity. You represent and warrant that any information You provided in the Dealer Application and/or transmit to this Site was and is truthful, accurate, not misleading, and offered in good faith, and that You have the right to transmit such information.
3. Licenses for Use of this Site and Information
4. Changes to these Terms
5. Changes to this Site
We reserve the right to terminate, change, suspend, or discontinue this Site or any part or aspect of this Site, including information, data, text, sound, photographs, graphics, video, messages, or other materials, as well as features and hours of availability. These and any other changes to this Site may be made in our sole and absolute discretion, and without prior notice to You. We will not be liable to you or any other party for making such changes. At any time, we may impose rules for and limits on use of this Site, or restrict Your access to all or any part of this Site, without notice, or penalty, or liability to You or anyone associated with You. We will have the right to change these rules or limitations at any time, in our sole discretion.
All trademarks, service marks, logos, and trade names on this Site, whether registered or unregistered, are proprietary to the RJ Matthews and its associated legal entities, or to other people or legal entities where indicated. You may not reproduce, download, or otherwise use any such trademarks, service marks, logos, or trade names without our prior written consent, or other appropriate owner.
8. Prohibited Activities
When using this Site, You are not permitted to:
- send or otherwise transmit to or through this Site any unlawful, infringing, damaging, harmful, harassing, defamatory, threatening, vulgar, or otherwise objectionable material of any kind, as we determine in our sole and absolute discretion;
- send or otherwise transmit communications which incite civil unrest, radicalization, hate crimes, or action against us, any of our vendors or suppliers, any person or groups of persons, or the United States of America, its individual states, territories, or protectorates;
- misrepresent Your identity or affiliation in any way;
- access data, servers, or accounts that You are not authorized to access;
- post material that is not Your own, or that You do not have permission to use, such as copyrighted materials, trade secrets, or other material that infringes on another’s intellectual property, privacy, or publicity rights;
- interfere in any way with the security of this Site or our networks, or attempt to use this Site to gain access to any other computer system;
- attempt to, or actually probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures;
- attempt to, or actually interfere with service to any user, host, or network, including by submitting a virus to this Site, overloading, “flooding”, “mail-bombing”, or “crashing”; or sending unsolicited email, including promotions or advertising of products or services;
- violate any minimum advertised pricing, restrictions as to where and how a product may be re-sold or marketed, policies restricting resale on particular websites or through particular distributors, and all anti-divergent policies that may be imposed from time to time;
- violate any applicable laws or regulations, or encourage conduct that may do so; or
- assist or permit any person engaging in any of the prohibited activities described above.
9. Site Security
You are prohibited from violating, or attempting to violate, the security of this Site. Any such violation may result in criminal and civil penalties against You. We will investigate all alleged or suspected violations, and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations and prosecution. We aggressively pursue all civil remedies in connection with any such violation.
10. Unsolicited Ideas
11. International Use
We do not presently sell our products outside of the United States of America and do not fulfill orders outside of the United States. We control and operate this Site from our offices in the United States of America, and all orders and information are processed within the United States. We do not represent that the products or materials on this Site are appropriate or available for use outside of the United States. Those who choose to access this Site for informational purposes from outside of the United States do so voluntarily. Any offer for any product, service, information, or promotion on this Site is void where prohibited.
12. Links to Other Websites
This Site may contain links to other websites for Your convenience. If You follow these links, You may leave this Site. Some of these third-party websites may use our trademarks, service marks, or logos under license from us. We are not responsible for the availability or content of these other websites, or for any product or service provided by these other websites, or for any experience You may have with such third-party websites, whether we are affiliated with the owners of such websites or not. Our decision to provide links to other websites should not be interpreted as our endorsement or approval of the organizations sponsoring such third-party websites, or of their products or services. By following any link on this Site, You hereby waive all legal rights against us in connection with such other websites, and any product or service which this Site owner or sponsor may provide.
13. Copyright Claims
The Digital Millennium Copyright Act (DMCA) may provide recourse to copyright owners who believe their rights under the United States Copyright Act have been infringed on the internet. If You are a copyright owner, or the agent of a copyright owner, and You believe that any content on this Site infringes Your copyrights, we suggest that You contact a legal professional who can advise You about Your rights. You may have a right to submit notification about the alleged infringement under the DMCA. Our designated copyright agent to receive notifications and counter-notifications of claimed infringement can be reached by mail addressed to RJ Matthews, Attn: Copyright Agent, 2780 Richville Drive S.E., Massillon, Ohio 44646.
14. Resale Restrictions
By using this Site, You agree that upon resale to a third person of any product purchased through this Site, You will strictly adhere to and comply with all policies regarding: minimum advertised pricing, restrictions as to where and how a product may be re-sold or marketed, policies restricting resale on particular websites or through particular distributors, and all anti-divergent policies that may be imposed from time to time. Failure to comply with such policies will constitute a breach of Your obligations under this Agreement, may result in termination of Your right to use this Site, and may subject You to liability and damages for breach of contract.
15. Jurisdictional Issues
This Site is controlled and operated by RJ Matthews and its associated legal entities from its offices within the State of Ohio, United States of America. Persons who choose to access this Site from outside the State of Ohio do so on their own initiative and at their own risk, and are solely responsible for compliance with laws and regulations of the foreign State to which they might be subject, including (but not limited to) applicable taxes, tariffs, import expenses, and other add-on costs. Access to this Site from jurisdictions where the contents of this Site are illegal or penalized is prohibited. Without limiting the prohibitions set forth in paragraph 11 of this Agreement, no information from this Site may be downloaded or otherwise re-exported: (i) into a country or to a national or resident of a country to which the United States embargoes or sanctions goods, services, or technology; (ii) to anyone on the United States Treasury Department's list of Specially Designated Nationals, or (iii) to anyone on the United States Commerce Department's Table of Denial Orders. By accessing information from this Site, You represent and warrant that neither You, nor anyone for whose benefit You may be operating, are on any such list, are located in any such country, or are a national or resident of any such country, and any action which You initiate in connection with this Site is not, and will not at any time be, in violation of any such embargo or other governmental restrictions. You agree to defend, indemnify, and hold RJ Matthews, and its Associated Parties, harmless, from and against any loss, damages, liability, claim, lawsuit, penalty or fine, which may be asserted against any one or more of them or which they incur in connection with any such prohibited actions.
16. Termination of Use of Site.
We abide by all applicable anti-discrimination laws and regulations but may otherwise terminate Your use of this Site and Your ability to purchase product or services at any time in our sole and absolute discretion, without cause or reason. In the event of such termination, You must immediately destroy any content obtained from this Site, including all copies of such content.
17. Survival of Certain Provisions
18. No Guarantees
You acknowledge that neither RJ Matthews, nor its Associated Parties, represent or guarantee the accuracy, reliability, availability, timeliness, performance, completeness, or suitability of any of the materials or any other content available on this Site. You acknowledge that such content may contain inaccuracies or errors, and You hereby waive all claims, lawsuits, and causes of action against the RJ Matthews and its Associated Parties arising out of any such materials or content.
19. Disclaimer of Warranties
We constantly strive to provide our customers with valuable information and descriptions of the products that we offer on this Site. However, much of the content on this Site is written by third parties. Therefore, You acknowledge and agree that:
THE CONTENT PRESENTED ON THIS SITE IS PROVIDED WITHOUT GUARANTIES OR WARRANTIES OF ANY NAME OR NATURE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT OF THIS SITE OR THE CORRECTNESS, ACCURACY, OR RELIABILITY OF ANY ASPECT OF THIS SITE.
Applicable law may not allow certain exclusions of implied warranties, so some or all of the above disclaimers may not apply to You.
20. Limitation of Liability
You agree on behalf of yourself and others claiming through You, and Your heirs, successors and assigns, that neither RJ Matthews, nor any of its Associated Parties, will be liable for damages of any name or nature arising out of Your use of this Site. Specifically, and without limiting the preceding sentence, You on behalf of yourself and others claiming through You, and Your heirs, successors and assigns, agree that RJ Matthews and its Associated Parties shall not be liable for consequential damages, incidental damages, special damages, punitive damages, indirect damages, lost profits, or diminution in equitable value of a commercial enterprise, arising out of or in connection with the following (regardless of whether or not we have been advised of the possibility of such damages): Your use of this Site, the inability to use this Site, any product of service purchased through this Site, Your use of any website to which this Site is linked, loss of privacy, loss of or damage to credit, stolen identity, breach of confidentiality, theft or wrongful appropriation of personal or commercial information provided to us, loss of data, or damage to any computer system or software (each of the foregoing is herein referred to as the “Claim Occurrence”. The above limitations will not apply to the extent that they are prohibited by applicable law. In the event that through the Exclusive Dispute Resolution Process set forth below in paragraph 26, we are found liable for damages arising out the foregoing occurrences despite the above limitations, You agree that such damages for all parties to any claim or action, or related claim or action will never exceed a total of Fifteen Hundred Dollars ($1,500) and You, on behalf of yourself and others claiming through You, and Your heirs, successors and assigns, agree to accept that amount as liquidated damages in full satisfaction of all claims against us, and You on behalf of yourself and others claiming through You, and Your heirs, successors and assigns, hereby forever irrevocably waive all claims for damages in excess of that amount.
22. Labelling and Written Content
You understand and agree that we do not manufacture the products that are presented to You for purchase on this Site. Since we do not test or otherwise determine the constituent ingredients of such products, their characteristics, efficacy, or source, we are not in a position to make representations in that regard. We are not in any way responsible for content, or any omissions, relating to written materials that accompany a product sold on this Site--whether appearing on a label, packaging, attachment, or in a separate writing (including, copyrights, trademarks, service marks, patents and other proprietary interests claimed by a third party, language in the form of instructions, directions, ingredients, warnings, warranties, indications and contraindications for use, or representations that a product is totally or partially “natural” or “organic”, etc.). By using this Site, You forever waive all lawsuits and claims against RJ Matthews and its Associated Parties, of every name or nature, known and unknown, now existing or hereafter arising out of the foregoing written materials accompanying any product that You purchase on this Site, and You agree to direct all such lawsuits or claims only against the product’s Manufacturer.
23. Governing Law and Jurisdiction
This Site (excluding any linked sites) is controlled by RJ Matthews and/or its associated legal entities, from their principle administrative office in the state of Ohio, United States of America. This Site can be accessed from all 50 states, and potentially from other countries throughout the world. Since each of these locations has its own laws which may differ from the laws in Ohio, by accessing or attempting to access this Site, You agree with us on behalf of yourself and others claiming through You, including Your heirs, successors and assigns that any claim, cause of action, lawsuit, or dispute of any name or nature between You and us arising out of any Claim Occurrence will be governed by and construed under the statutes and laws of the State of Ohio, without regard to the related conflict-of-laws rules and the United Nations Convention on the International Sales of Goods.
24. Equitable Remedies
25. Exclusive Dispute Resolution Process
If a dispute arises, we strongly encourage You to first contact our Customer Service Department before initiating the Exclusive Dispute Resolution Process provided below. We value our relationships with our customers and will try to resolve Your claims informally and quickly. Prior contact with our Customer Service Department, and affording us the opportunity to resolve the issue informally, is a legal prerequisite to Your right to initiate the Exclusive Dispute Resolution Process. All formal claims or causes of action that You wish to bring against us must be resolved in accordance with this paragraph 26 and the Exclusive Dispute Resolution Process. All lawsuits or other formal claims or dispute resolution processes brought contrary to this paragraph 26 will be considered improperly filed/initiated and will be void and subject to immediate dismissal upon motion of the other party.
YOU, ON BEHALF OF YOURSELF AND OTHERS CLAIMING THROUGH YOU, AND YOUR HEIRS, SUCCESSORS OR ASSIGNS, UNDERSTAND AND AGREE THAT ANY AND ALL PROCEEDINGS TO RESOLVE CLAIMS UNDER THE EXCLUSIVE DISPUTE RESOLUTION PROCESS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
27. Contact Us