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Recovery
Threads Terms and Conditions of Use
BY
VISITING, BROWSING, SHOPPING, ACCESSING OR OTHERWISE USING THIS WEB
SITE (THE "SITE") OPERATED BY Recovery Threads YOU AGREE TO
BE BOUND BY THESE TERMS AND CONDITIONS.
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Recovery Threads® Site
Usage User Agreement |
You
agree to this User Agreement, and all of its terms and conditions,
by visiting, browsing, shopping, accessing or otherwise using the
Site. These terms and conditions are subject to change without prior
notice at any time, in Recovery Threads's sole discretion. By
visiting, browsing, shopping, accessing or otherwise using the Site
after a change has been posted to the Site, the Customer accepts that
change. Customers should check this User Agreement and the Privacy
Policy frequently.
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Acceptance
of Contract Terms |
This
User Agreement, and all of its terms and conditions, constitute a
legal contract between you and Recovery Threads (References to
"you" or "your" shall relate to a customer or
vendor of Recovery Threads or other party that visits, browses,
shops, accesses or otherwise uses the Site (the "Customer");
references to "Recovery Threads" shall relate to Recovery
Threads and its affiliates.) By visiting, browsing, shopping,
accessing or otherwise using this site ("Site"), you
acknowledge that you have read, understood, and agree to be bound by
this User Agreement and comply with all applicable laws and
regulations, including U.S. export and re-export control laws and
regulations. If you do not agree to this User Agreement, as it may be
changed by Recovery Threads from time to time, do not use this Site.
The material provided on this Site is protected by law, including,
but not limited to, United States copyright law and international
treaties. This Site is controlled and operated by Recovery Threads
from its offices within the United States. Recovery Threads makes no
representation that materials in the Site are appropriate or
available for use in other locations, and access to them from
territories where their contents are illegal is not authorized. Those
who choose to access this Site from other locations do so on their
own initiative and are responsible for compliance with applicable
local laws.
Any
claim relating to, and the use of, this Site and the materials
contained herein is governed by the laws of the state of UT without
regard to conflict of law rules. You consent to jurisdiction of the
federal and state courts located in US County, UT to hear any such claims.
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Access,
Interference, and Linking Recovery Threads® |
Recovery
Threads grants you a limited license to access and make personal use
of the Site and not to download (other than page caching) or modify
it, or any portion of it, except as provided below under "Use
Restrictions," or with express written consent of Recovery Threads.
The
following activity on the Site is expressly prohibited: Any
non-personal or commercial use of any robot, spider, other automatic
device, or manual process to monitor or copy portions of the Site or
the content contained herein without prior written permission by
Recovery Threads; collection or use of any product listings,
descriptions, or prices, from the Site for the benefit of another
merchant that supplies products competitive with or comparable to
those offered on the Site; and, Any use of, visits to, or other
action that imposes an unreasonable or disproportionately large load
on the Site, or otherwise interferes with its proper and timely functioning.
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Any
Unauthorized Use Terminates the License Granted by Recovery Threads® |
You
are granted a limited, revocable, and nonexclusive right to create a
hyperlink to the home page of the Site so long as the link does not
portray Recovery Threads, its affiliates, or their products or
services in a false, misleading, derogatory, or otherwise offensive
matter. You may not use any Recovery Threads logo or other
proprietary graphic or trademark as part of the link without express
written permission.
Recovery
Threads does not review or control third-party sites that link to or
from the Site, and is not responsible for the contents of any
third-party sites linked to or from the Site.
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Use
Restrictions & Copyright Information Any Unauthorized Use
Terminates the License Granted by Recovery Threads® |
Except
as stated herein, none of the material may be copied, reproduced,
distributed, republished, downloaded, displayed, posted or
transmitted in any form or by any means, including, but not limited
to, electronic, mechanical, photocopying, recording, or otherwise,
without the prior written permission of Recovery Threads. Permission
is granted to display, copy, distribute and download the materials on
this Site for personal, non-commercial use only, provided you do not
modify the materials and that you retain all copyright and other
proprietary notices contained in the materials. This permission
terminates automatically if you breach any of these terms or
conditions. Upon termination, you must immediately destroy any
downloaded or printed materials. You also may not, without Recovery
Threads 's prior written permission, "mirror" any material
contained on this Site on any other server. Any unauthorized use of
any material contained on this Site may violate copyright laws,
trademark laws, the laws of privacy and publicity, and communications
regulations and statutes.
UNDER
NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL
RECOVERY THREADS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO,
LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO
USE, THE MATERIALS ON THIS SITE, EVEN IF RECOVERY THREADS OR A
RECOVERY THREADS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE
RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT
OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
By
accessing the Site and using the information therein available
and/or by purchasing any products or services made available through
this Site, you agree with Recovery Threads, its service providers,
agents, employees, successors, assigns, affiliates, parents,
subsidiaries and any content provider or offer or of goods or
services on this Site or through any other associated activity, that
ANY CLAIM OR DISPUTE UNDER THE USER AGREEMENT AND ANY CLAIM OR
DISPUTE THAT YOU MAY HAVE AGAINST ANY OF THESE PERSONS OR ENTITIES,
WHETHER RELATED TO THE DESCRIBED TRANSACTIONS OR OTHERWISE, INCLUDING
THE ENFORCEABILITY OF THIS ARBITRATION AGREEMENT, WILL BE RESOLVED
EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION under the Code of
Procedure of ARBITRATION-FORUM.COM (the "Code") in effect
at the time the claim is filed. The Code is available at
http://www.arbitration-forum.com or can be obtained by calling
1-800-753-9448. Notwithstanding any choice of law provision included
in this User Agreement, this arbitration agreement is subject to the
Federal Arbitration Act (9 U.S.C. §§ 1-16) and the New York
Convention on the Enforcement of Arbitration Awards (9 U.S.C.
§§ 201-208 or as codified in the jurisdiction where
enforcement of the award is sought). Hearings shall be held as
provided by the Code and if any In-person Hearing is required, it
shall be held in Draper, UT. Each party shall bear its own cost of
any legal representation, discovery, or research required to complete arbitration.
Please
review our Privacy Policy, which also governs your visit to 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. If you are under 18, you may use the Site
only with a parent or guardian. Recovery Threads reserves the right
to refuse service, terminate accounts, remove or edit content, or
cancel orders in its sole discretion.
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Communications
to Recovery Threads® |
Any
communication or material you transmit to the Site by electronic
mail or otherwise, including any data, questions, comments,
suggestions, or the like is, and will be treated as, confidential
and non-proprietary.
Anything you transmit or post may be used by Recovery Threads for the purpose of completing a business transaction. Recovery Threads will NEVER sell, disclose, barter, or trade your personal information AT ANY TIME, to any entity, without your expressed written permission.
Furthermore, Recovery Threads is free to use any ideas,
concepts, know-how, or techniques contained in any communication you
send to Recovery Threads or the Site for any purpose whatsoever,
including but not limited to developing, manufacturing and marketing
products using such information.
If
you believe that your work has been copied in a way that constitutes
copyright infringement, please contact:
Recovery
Threads
303
Redberry Rd.
Draper
UT, 84020
Phone:
801-576-1101
Email:
information@recoverythreads.com
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Disagreement
with These Terms and Conditions |
If
you disagree with any of the terms and conditions of this User
Agreement, please do not visit, browse, shop, access or otherwise use
this Site.
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Recovery Threads®
Terms and Conditions of Sale |
THE
CUSTOMER AGREES TO BE BOUND BY THIS SALE AGREEMENT AND ACCEPTS ITS
TERMS AND CONDITIONS (UNLESS THE CUSTOMER HAS SIGNED A SEPARATE
FORMAL PURCHASE AGREEMENT WITH RECOVERY THREADS. IN WHICH CASE THE
SEPARATE AGREEMENT SHALL GOVERN).
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Recovery Threads® Sales
Agreement |
This
Sale Agreement is a legal contract between the Customer and Recovery
Threads. The Customer accepts this Sale Agreement by making a
purchase, placing an order, or otherwise shopping on the Site.
(References to "you" or "your" shall relate to
the Customer; references to "Recovery Threads" shall relate
to Recovery Threads and its affiliates.) The terms and conditions of
this Sale Agreement are subject to change without prior notice,
except that the terms and conditions posted on the Site at the time
the Customer initially places or modifies an order will govern the
order in question.
This
Sale Agreement constitutes the entire agreement between the Customer
and Recovery Threads relating to the purchase or sale of goods or
services on the Site. The Sale Agreement may only be modified or
terminated with regard to goods or services that have been purchased
or sold on the Site in a writing signed by Recovery Threads.
Electronic records (including signatures), that are otherwise valid,
shall be accepted under the Sale Agreement. The Customer consents to
receiving electronic records, which may be provided via a web browser
or e-mail application connected to the Internet; consumers may
withdraw consent to receiving electronic records or have the record
provided in non-electronic form by contacting Recovery Threads at the
address provided below.
In
the event of any conflict between the terms and conditions stated on
your purchase order and this Sale Agreement or any terms and
conditions on our invoice, you agree that the provisions of this Sale
Agreement and our invoice shall control.
THIS
AGREEMENT AND ANY SALES HEREUNDER SHALL BE GOVERNED BY THE LAWS OF
THE STATE OF UT, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. THE
CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL OR STATE COURTS
LOCATED IN US COUNTY, UT FOR PURPOSES OF ANY SUIT, ACTION OR
PROCEEDING ARISING OUT OF THIS SALE AGREEMENT.
Title
to goods herein being purchased is retained by the seller until
goods are paid for by the purchaser and at that time title passes to
the purchaser. Loss or damage that occurs during shipping by a
carrier selected by Recovery Threads is the carrier's responsibility.
If
goods herein being purchased are being purchased for purposes of
export, the Customer must obtain from the federal government certain
export documentation before shipping to a foreign country. In
addition, manufacturers' warranties for exported goods may vary or
even be null and void for goods exported outside the United States.
The Customer should inquire further regarding any questions. Any and
all liability is only for the products purchased.
RECOVERY
THREADS HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED
OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER
BY RECOVERY THREADS IN NO WAY AFFECTS THE TERMS OF THE MANUFACTURER'S
WARRANTY, IF ANY.
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Pricing
and Information Disclaimer |
All
pricing subject to change. For all prices, products and offers,
Recovery Threads reserves the right to make adjustments due to
changing market conditions, product discontinuation, manufacturer
price changes, errors in advertisements and other extenuating
circumstances. High volume bids are welcome!
While
Recovery Threads uses reasonable efforts to include accurate and
up-to-date information on the Site, Recovery Threads makes no
warranties or representations as to the Site's accuracy. Recovery
Threads assumes no liability or responsibility for any errors or
omissions in the content on the Site.
RECOVERY
THREADS WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR
OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY
THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. RECOVERY THREADS
WILL NOT BE LIABLE FOR PRODUCTS OR SERVICES NOT BEING AVAILABLE FOR
USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. CUSTOMER AGREES THAT
FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES,
RECOVERY THREADS IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF
DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE
PURCHASE(S) UNDER THIS AGREEMENT.
ANY
CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR
OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING
STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) arising
from or relating to this Sale Agreement, its interpretation, or the
breach, termination or validity thereof, the relationships which
result from this Sale Agreement (including, to the full extent
permitted by applicable law, relationships with third parties who are
not signatories to this Sale Agreement), Recovery Threads's
advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY
AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL
ARBITRATION FORUM (NAF) under the Code of Procedure of
ARBITRATION-FORUM.COM (the "Code") in effect at the time
the claim is filed. The Code is available at http://www.arbitration-forum.com
or can be obtained by calling 1-800-753-9448. Notwithstanding any
choice of law provision included in this Sale Agreement, this
arbitration agreement is subject to the Federal Arbitration Act (9
U.S.C. §§ 1-16) and the New York Convention on the
Enforcement of Arbitration Awards (9 U.S.C. §§ 201-208 or
as codified in the jurisdiction where enforcement of the award is
sought). Hearings shall be held as provided by the Code and if any In-person
Hearing is required, it shall be held in Draper, UT. Judgment on the
award rendered by the arbitrator(s) may be entered by any court
having jurisdiction. Each party shall bear its own cost of any legal
representation, discovery, or research required to complete
arbitration.
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Orders,
Payment Terms, Interest, and Taxes |
Orders
are not binding upon Recovery Threads until accepted by Recovery
Threads. Terms of payment are within Recovery Threads's sole
discretion. Invoices are due and payable within the time period noted
on the invoice, measured from the date of the invoice. Recovery
Threads may invoice parts of an order separately. Customer agrees to
pay interest on all past-due sums at the highest rate allowed by law.
The Customer is responsible for sales and all other taxes associated
with the order.
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Freight
and Shipping Policy |
Shipping
and handling charges on all orders vary; contact your Recovery
Threads account manager for our most current and competitive rates,
options and shipping specials. For the Customer's protection, we ship
only to the verified billing address of the Customer's credit card.
In some circumstances, international shipping may be available. Call
for details.
Recovery
Threads© does not accept returns, however we do guarantee
all our products and will repair or replace items within the limits
of the terms.
You
are responsible for shipping charges on damaged/returned items;
Recovery Threads will match your shipping method on your replacement
or exchange item(s).
Recovery
Threads strongly recommends you fully insure your return shipment in
case it is lost or damaged and you use a carrier that can provide you
with proof of delivery for your protection.
If
merchandise arrives damaged: it is best to REFUSE it back to the
carrier attempting delivery. If you accept the package make sure it
is noted on the carrier's delivery record in order for Recovery
Threads to file a damage claim. Save the merchandise AND the original
box and packing it arrived in, notify Recovery Threads immediately to
arrange for a carrier inspection and a pick up of damaged
merchandise. Call 801-576-1101 or your Recovery Threads account
manager to arrange for carrier inspection and a pick up of damaged
merchandise.
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