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OVERVIEW
This website is operated by Riversol. Throughout the site, the terms “we”, “us” and “our” refer to Riversol.
Riversol offers this website, including all information, tools and services available from this site to you, the
user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by
the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and
conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all
users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or
contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any
part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and
conditions of this agreement, then you may not access the website or use any services. If these Terms of Service
are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service.
You can review the most current version of the Terms of Service at any time on this page. We reserve the right
to update, change or replace any part of these Terms of Service by posting updates and/or changes to our
website. It is your responsibility to check this page periodically for changes. Your continued use of or access
to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell
our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or
province of residence, or that you are the age of majority in your state or province of residence and you have
given us your consent to allow any of your minor dependents to use this site.
You may not use our products
for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your
jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or
any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate
termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your
content (not including credit card information), may be transferred unencrypted and involve (a) transmissions
over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or
devices. Credit card information is always encrypted during transfer over networks.
You agree not to
reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to
the Service or any contact on the website through which the service is provided, without express written
permission by us.
The headings used in this agreement are included for convenience only and will not limit
or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The
material on this site is provided for general information only and should not be relied upon or used as the sole
basis for making decisions without consulting primary, more accurate, more complete or more timely sources of
information. Any reliance on the material on this site is at your own risk.
This site may contain certain
historical information. Historical information, necessarily, is not current and is provided for your reference
only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update
any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or
discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable
to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or
services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that
appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person,
geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to
limit the quantities of any products or services that we offer. All descriptions of products or product pricing
are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to
discontinue any product at any time. Any offer for any product or service made on this site is void where
prohibited.
We do not warrant that the quality of any products, services, information, or other material
purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
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. 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 that we make a change to or cancel an order, we may 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.
You agree to provide current, complete and accurate purchase and account information for all purchases made at
our store. You agree to promptly update your account and other information, including your email address and
credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor
input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any
warranties, representations or conditions of any kind and without any endorsement. We shall have no liability
whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional
tools offered through the site is entirely at your own risk and discretion and you should ensure that you are
familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release
of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We
are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have
any liability or responsibility for any third-party materials or websites, or for any other materials, products,
or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of
goods, services, resources, content, or any other transactions made in connection with any third-party websites.
Please review carefully the third-party's policies and practices and make sure you understand them before you
engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be
directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request
from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by
postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction,
edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.
We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for
any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove
content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory,
pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of
Service.
You agree that your comments will not violate any right of any third-party, including copyright,
trademark, privacy, personality or other personal or proprietary right. You further agree that your comments
will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or
other malware that could in any way affect the operation of the Service or any related website. You may not use
a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as
to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take
no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors,
inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping
charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions,
and to change or update information or cancel orders if any information in the Service or on any related website
is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake
no obligation to update, amend or clarify information in the Service or on any related website, including
without limitation, pricing information, except as required by law. No specified update or refresh date applied
in the Service or on any related website, should be taken to indicate that all information in the Service or on
any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site
or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful
acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local
ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights
of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on
gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false
or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or
may be used in any way that will affect the functionality or operation of the Service or of any related website,
other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish,
pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or
circumvent the security features of the Service or any related website, other websites, or the Internet. We
reserve the right to terminate your use of the Service or any related website for violating any of the
prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or
error-free.
We do not warrant that the results that may be obtained from the use of the service will be
accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of
time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or
inability to use, the service is at your sole risk. The service and all products and services delivered to you
through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use,
without any representation, warranties or conditions of any kind, either express or implied, including all
implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose,
durability, title, and non-infringement.
In no case shall Riversol, our directors, officers, employees,
affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury,
loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind,
including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any
similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising
from your use of any of the service or any products procured using the service, or for any other claim related
in any way to your use of the service or any product, including, but not limited to, any errors or omissions in
any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or
product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential
or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent
permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Riversol and our parent, subsidiaries, affiliates, partners,
officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and
employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due
to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or
your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable,
such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the
unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not
affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the
termination of this agreement for all purposes.
These Terms of Service are effective unless and until
terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no
longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we
suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may
terminate this agreement at any time without notice and you will remain liable for all amounts due up to and
including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute
a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us
on this site or in respect to The Service constitutes the entire agreement and understanding between you and us
and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and
proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the
Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed
against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and
construed in accordance with the laws of Suite 1790, 1111 West Georgia Vancouver British Columbia CA V6E4M3.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the
right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting
updates and changes to our website. It is your responsibility to check our website periodically for changes.
Your continued use of or access to our website or the Service following the posting of any changes to these
Terms of Service constitutes acceptance of those changes.
SECTION 20 - SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
Riversol (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the
“Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions
and Privacy Policy (the
“Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and
conditions, including, without limitation, your agreement to resolve any disputes with us through binding,
individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited
to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the
relationship between you and Us in other contexts.
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the
Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you
utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By
participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the
phone number associated with your opt-in, and you understand that consent is not required to make any purchase
from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be
interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone
dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this
Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order
to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out.
You understand and agree that the foregoing options are the only reasonable methods of opting out. You also
understand and agree that any other method of opting out, including, but not limited to, texting words other
than those set forth above or verbally requesting one of our employees to remove you from our list, is not a
reasonable means of opting out.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM
YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY
UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND
ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE
NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to
receive messages concerning the marketing and sale of digital and physical products, services, and events.
Messages may include checkout reminders.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and
additional mobile messages may be sent periodically based on your interaction with Us. Message frequency will
vary.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from
or email us at James@riversol.com. Please note that the use of this email address is not an
acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures
set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support
MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas
at all times and may not continue to work in the event of product, software, coverage or other changes made by
your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages
connected with this Program. Delivery of mobile messages is subject to effective transmission from your
wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed
or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using
a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all
cellular phone providers carry the necessary service to participate. Check your phone capabilities for
specific text messaging instructions.
Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If
you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age,
you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform,
you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of
thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with
the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also
acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with
the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform.
Prohibited content includes:
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and
discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is
received;
- Any content that implicates and/or references personal health information that is protected by the Health
Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and
Clinical Health Act (“HITEC” Act); and
- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or
between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf
to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or
state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement,
interpretation or validity thereof, including the determination of the scope or applicability of this
agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law,
determined by arbitration in Vancouver, British
Columbia before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial
Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise
provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in
which Riversol’s principle place of business is located, without regard to its conflict of
laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties
must jointly select an arbitrator with at least five years’ experience in that capacity and who has
knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an
arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must
satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the
enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration
Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall
apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be
final and binding, and no party shall have rights of appeal except for those provided in section 10 of the
FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the
arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of
such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the
authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The
arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek
or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to
arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims
brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may
be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of
any arbitration without the prior written consent of both parties, unless to protect or pursue a legal
right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction,
such invalidity, illegality, or unenforceability shall not affect any other term or provision of this
Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any
reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury
trial. This arbitration provision shall survive any cancellation or termination of your agreement to
participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to
agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in
the performance of such obligations will place you in breach of any other contract or obligation. The
failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver
of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid,
that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will
otherwise remain in full force and effect and enforceable. Any new features, changes, updates or
improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in
writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement
shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time
and to be aware of any such changes. By continuing to participate in the Program after any such changes, you
accept this Agreement, as modified.
SECTION 21 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@riversol.com.
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