Terms and Conditions

Terms of Use

This website, https://www.rheart.net (the "Site") is hosted by godaddy.com. We welcome all users to the Site. All users, including those who are less than 18 years of age ("Minors"), should read our privacy policy available on our Site. Our privacy policy explains our practices regarding the collection, use, and disclosure of personal information from users and Minors who register on the Site and describes a parent's or guardian's (each, a "Parent") ability to limit the collection and use of data collected from the Minor. If you are a Minor, your parent or legal guardian must agree to these Terms of Use on your behalf and you may register an account or shop on the Site with permission from your parent or legal guardian.

By using the Site or expressly consenting to the Terms of Use, you agree to be bound by all the terms and conditions contained in these Terms of Use, including the Dispute Resolution and Arbitration Agreement. Please read these Terms of Use carefully. When you use any current or future version of the Site or any other R Heart Site, you also will be subject to these Terms of Use. Please print a copy of these Terms of Use for your records. We may, from time to time, modify the Terms of Use. When we make changes, we will post the revised Terms of Use on the Site. Your use of the Site following any such modification constitutes your agreement to the modified Terms of Use. You should visit this page frequently to learn of any changes to these Terms of Use.

ACCEPTABLE USE OF THE SITE AND SERVICES

You are responsible for your use of the Site, and for any use of the Site made using your account. Our goal is to create a positive, useful, and safe user experience for individual and non-commercial users. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us. When you use the Site, you may not:

· violate any law or regulation;

· violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;

· post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;

· send unsolicited or unauthorized advertising or commercial communications, such as spam;

· engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Site;

· transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;

· stalk, harass, or harm another individual;

· impersonate any person or entity or perform any other similar fraudulent activity, such as phishing;

· use any means to scrape or crawl any Web pages contained in the Site;

· attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Site;

· attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Site;

· use of the Site by commercial resellers or bulk purchasers; or

· advocate, encourage, or assist any third party in doing any of the foregoing.

FORUMS

As used in these Terms of Use, "Forum" means an area, site, or feature (such as chat rooms, bulletin boards, R Heats’ pages on social media sites, and e-mail or instant messaging features) offered as part of the Site that enables visitors to submit, display and/or view content and/or to communicate, share or exchange content with other Site visitors and members of the general public. Any submission may be routed through our servers, third party servers on our behalf, and the Internet (where it may be viewed by the general public), so you have no expectation of privacy for any submitted content. Since we cannot guarantee security of information on a Forum, your use is at your own risk.

We are not responsible for the accuracy of any User Content contained in any Forum or otherwise on our Site.

USER PROFILE INFORMATION

When you set up a user profile, R Heart will require you to provide a password, username, or other information such as your name and email address. You agree and represent that all of the information you provided is accurate and up-to-date. You are solely responsible for keeping your login information current and confidential. You may not transfer, sell, or assign or sub-license your user profile to any third party without our prior written approval. You are solely responsible for all your individual usage or activity on the Site including, but not limited to, use of the Site by any person who uses your user profile, with or without authorization. You agree to notify R Heart of any breach of security on your account. R Heart will not be liable for losses incurred as a result of an unauthorized use of a password, or user profile.

You are responsible for the protection of the password that you use to access the Site and for any activities or actions under your password. We encourage the use of "strong" passwords with your account.

USER CONTENT

The Site allows you to upload, submit, store, send, or receive content and data ("User Content") such as through a Forum or a contest or sweepstakes. You retain ownership of any intellectual property rights that you hold in that User Content. In other words, you own your User Content.

When you upload, submit, store, send, or receive User Content to or through the Site, you give us permission to reproduce and use your User Content as follows: You grant to us and those we work with a license to use, host, store, reproduce, modify, create derivative works (such as translations, adaptations, or other changes we make so that User Content works better with the Site and Services), publicly perform, publicly display, and distribute your User Content. This license is for the purpose of operating, promoting, and improving the Site, to promote R Heart, as well as for other purposes that R Heart may determine in its sole discretion. Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. This license is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. We may exercise our rights under this license anywhere in the world. Lastly, this license is perpetual, meaning that our rights under this license continue even after you stop using the Site.

You promise that:

· you own all rights to your User Content or, alternatively, that you have the right to give us the rights described above; and

· your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.

By submitting User Content, in addition to any other grants which may be granted in any other agreement entered into between you and R Heart and if you provide such information or content to R Heart, you irrevocably grant R Heart and its successors, assigns, and licensees, the right to use your name, likeness, image, and biographical information in any and all media for any purpose, including, without limitation, advertising and publicity purposes, as well as in connection with the Site and hereby release R Heart from any liability with respect thereto.

We may refuse to accept or transmit User Content for any reason. We may remove User Content from the Site for any reason.

ELIGIBILITY

By using the Site, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the Site does not violate any applicable law or regulation. Your profile may be deleted and your account may be terminated without warning if we believe that you are under 13 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18.

LICENSE AND WEBSITE ACCESS

R Heart grants you a limited, revocable and nonexclusive license to access and make personal, non-commercial use of the Site but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of R Heart. This license does not include any resale or commercial use of the Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, spiders or similar data gathering and extraction tools.

Neither the Site nor any portion of the Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of R Heart. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of R Heart and its affiliates without express written consent of R Heart. You may not use meta tags or any other hidden text using R Heart name or trademarks without the express written consent of R Heart. Any unauthorized use will immediately terminate the permission or license granted by R Heart. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of R Heart so long as the link does not portray R Heart or its products or services in a false, misleading, derogatory, or otherwise offensive manner as determined by R Heart in its sole discretion. You may not use any T R Heart logo or other proprietary graphic or trademark as part of the link without express written permission of R Heart. You may not make any other part of the Site, other than the home page of the Site, available as part of another service by "deep linking," or otherwise, without prior written permission from R Heart.

Third Party and Co-Branded Websites

The Site may contain hyperlinks ("Links") to websites operated by persons or entities other than R Heart ("Third-party Websites") or to co-branded websites operated by a third party, including affiliates ("Co-branded Websites"). We provide these Links for your reference and convenience only. A Link from R Heart to a Third-party Website does not imply or mean that we endorse the content on that Third-party or Co-branded Website or the operator or operations of that Site. You are solely responsible for determining the extent to which you use any content at any Third-party or Co-branded Websites to which you might link from our Site.
R Heart is not responsible or liable for any loss or damage incurred as a result of any dealings with any Third-party Website or Co-branded Website, any merchant or operator of a Third-party Website or Co-branded Website, or any other person with whom you may engage in any transaction.

YOUR RESPONSIBILITIES

You agree to comply with all applicable laws in connection with your use of the Site, and any further limitations as may be set forth in any written or on-screen notice from R Heart. As a condition of your use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use. All information that you provide in connection with a purchase or transaction or other interaction with the Site or any Co-branded Website will be accurate, complete, and current. You will pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other interaction with R Heart or any Co-branded Website at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other interactions.

RISK OF LOSS

All products purchased from the Site are transported and delivered to you by an independent carrier not affiliated with, or controlled by, R Heart. Title to products purchased on the Site, as well as the risk of loss for such products, pass to you when R Heart delivers these items to the carrier. Any material downloaded or otherwise obtained through the use of the Site is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.

PRODUCT INFORMATION & PURCHASE LIMITATIONS

R Heartattempts to be accurate in describing and depicting its products. We do not warrant that product descriptions, depictions, colors, dimensions, or other content of the Site are complete, reliable, current, or error-free. In some cases, merchandise displayed for sale at the Site may not be available in retail stores. Unless otherwise stated, the prices displayed at the Site are quoted in U.S. Dollars.
 

Despite our best efforts, it is possible that items in our online catalog may be mis-priced and errors may occur. Although it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute acceptance of an order or an offer to sell a product or service. We reserve the right to correct pricing errors. If the correct price of an item is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel the order and notify you of the cancellation.
 

PROMOTION CODE USE IS LIMITED TO ONE PER CUSTOMER. R HEART RESERVES THE RIGHT TO CANCEL OR REFUSE AN ORDER FOR ANY REASON AT ANY TIME PRIOR TO SHIPMENT, INCLUDING, BUT NOT LIMITED TO, LIMITATIONS ON PURCHASE QUANTITY, ERRORS IN PRICING OR PRODUCT INFORMATION, OR ISSUES WE IDENTIFY THOUGH OUR EFFORTS TO MITIGATE FRAUD OR ACCOUNT ABUSE. LIMITATIONS MAY BE APPLIED PER ORDER, PER CUSTOMER OR HOUSEHOLD, OR TO ORDERS THAT SHARE ANY ACCOUNT OR ORDER ATTRIBUTES. USERS WHO ATTEMPT TO CIRCUMVENT THESE LIMITATIONS MAY HAVE THEIR ORDERS DENIED AND/OR ACCOUNTS SUSPENDED WHICH MAY RESULT IN THE FORFEITURE OF ANY ACCUMULATED CUSTOMER REWARDS. R HEART MAY ATTEMPT TO CONTACT YOU IF ADDITIONAL INFORMATION IS NEEDED TO COMPLETE YOUR ORDER.

DISPUTE RESOLUTION & ARBITRATION AGREEMENT ("ARBITRATION AGREEMENT")

Scope of the Arbitration Agreement. Mindful of the high cost of legal disputes, not only in dollars but in time and energy, both you and Tilly agree that any legal dispute between you and R Heart concerning or arising in any way out of a purchase from R Heart.com, your enrollment and participation in R Heart Rewards, any communications between you and R Heart, or your participation in any other program or service provided by R Heart shall be resolved through binding individual arbitration unless you opt out of this Arbitration Agreement using the process explained below. You understand and agree that you are waiving your right to sue or go to court to assert or defend your rights. However, either you or R Heart may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim. The term "dispute" means any dispute, action, claim, or other controversy between you and R Heart, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. "Dispute" will be given the broadest possible meaning allowable under law.

Informal Dispute Resolution. Either party asserting a dispute shall first try in good faith to resolve it by providing written notice as specified below to the other party describing the facts and circumstances (including any relevant documentation) and allowing the receiving party 30 days in which to respond. Notice shall be made by Email(1) to R Heart, Attention: Legal Department, 10 Whatney, Irvine, CA 92618 or (2) to you at the billing address on file with R Heart. Both you and R Heart agree that this dispute resolution procedure is a condition precedent which must be satisfied before initiating any arbitration against the other party.

Right to Opt Out of this Arbitration Agreement. You may opt out of this Arbitration Agreement within the first 30 days after the earliest of the first time you (a) make a purchase from R Heart.com; or (b) sign up for any program or service provided by R Heart, including R Heart Rewards. You may also opt out of this Arbitration Agreement within 30 days after we notify you regarding a material change to this Arbitration Agreement. You may opt out by sending an email to R Heart at thisistheway.us@gmail.com Heart.com or by sending a letter to R Heart, Attention: Legal Department, thisistheway.us@gmail.com. You should include your printed name, mailing address, and the words "Reject Arbitration."

How Arbitration Works. Either party may initiate arbitration, which shall be conducted by the American Arbitration Association ("AAA") pursuant to its Consumer Arbitration Rules ("AAA Rules"), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA's website www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the dispute, the parties shall agree to, or the court shall select, another arbitration provider. Unless you and R Heart agree otherwise, any arbitration hearing shall take place in the county of your residence (as determined by your billing address on file with R Heart). If you live outside the United States, any arbitration will take place in Orange County, CA. Except for a Dispute determined to be initiated in bad faith or frivolous by the arbitrator, R Heart will pay all filing, administrative, arbitrator and hearing costs and waives any rights it may have to recover an award of attorneys' fees and expenses against you.

Waiver of Right to Bring Class Action and Representative Claims. All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the dispute with the same remedies available in court, including public injunctive relief. You and R Heart also agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in so doing you and R Heart hereby waive the right to a trial by jury, to assert or participate in any class action lawsuit or class action arbitration, any private attorney general lawsuit or private attorney general arbitration, and any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that the limitations of this particular paragraph regarding class action waiver are deemed invalid or unenforceable, any putative class, private attorney general, or representative action must be brought in a court of proper jurisdiction and not in arbitration.

Governing Law and Other Terms. This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act and other applicable federal law. To the extent state law applies to any aspect of this Arbitration Agreement, or to any disputes and claims that are covered by the Arbitration Agreement, the law of the state of your residence (determined by your billing address on file with R Heart) will govern. R Heart will provide notice of any material changes to this Arbitration Agreement. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement. Only the arbitrator is authorized to make determinations as to the scope, validity, or enforceability of this Agreement, including whether any dispute falls within its scope. However, the parties agree that any issue concerning the validity of the class action/representative waiver above must be decided by a court, and an arbitrator does not have authority to consider the validity of the waiver. This Arbitration Agreement survives the end of the relationship between you and R Heart, including without limitation termination of your membership in R Heart Rewards, cancellation or deletion of your R Heart account, opt-out of marketing, or end of participation in any R Heart program or service.

DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY

YOU USE THE SITE AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, R HEART AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS ("AFFILIATES") DISCLAIMS ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND THOSE ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.

IN PARTICULAR, R HEART AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SITE, OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE SITE. R HEART AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SITE BY ANY THIRD PARTY; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE SITE.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS OF USE.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL R HEART OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR THE INDIRECT LOSS OF PROFIT, REVENUE, OR DATA) ARISING OUT OF OR RELATING TO THE SITE, HOWEVER CAUSED, AND UNDER WHATEVER CAUSE OF ACTION OR THEORY OF LIABILITY BROUGHT (INCLUDING UNDER ANY CONTRACT, NEGLIGENCE, OR OTHER TORT THEORY OF LIABILITY) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Certain states or jurisdictions such as the State of New Jersey, 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 and you may have additional rights. To the extent we may not, as a matter of applicable law, disclaim any implied warranty or limit our liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless R Heart and its affiliates, successors and assigns, and its and their respective directors, officers, employees, agents, co-branders or other partners from and against any and all allegations, claims, demands, actions, causes of action, proceedings (whether threatened or pending), orders, damages, losses, liabilities, costs and expenses, including reasonable attorney's fees and other legal expenses, and judgments of any kind of nature, incurred by R Heart arising out of or relating to your use, or anyone using your account’s use, of the Site, your violation of these Terms of Use, or your violation, or anyone using your account’s violation, of any rights of another.

COMPLAINTS

You agree that you shall immediately notify R Heart in writing of any objectionable content appearing on the Site. R Heart will make good faith efforts to investigate allegations that any content violates these Terms of Use but (i) makes no warranty to you that it will edit, remove, or continue to permit the display of any specific User Content, whether or not subject to such allegations, and (ii) will have no liability whatsoever for editing, removing, or continuing to permit the display of any User Content whatsoever.

MISCELLANEOUS PROVISIONS

R Heart may discontinue the Site, including any feature or service offered through the Site, at any time and for any reason, without notice. We may change the contents, operation, or any and all other features of the Site at any time for any reason, without notice. We may discontinue or restrict your use of the Site at any time for any reason, without notice.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and R Heart as a result of these Terms of Use or your use of the Site. Nothing contained in these Terms of Use will take away from R Heart right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by R Heart with respect to such use. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

The failure of R Heart to enforce any provisions of these Terms of Use or respond to a breach by you or other parties will not in any way waive its right to enforce subsequently any terms or conditions of these Terms of Use or to act with respect to similar breaches.

If any provisions in these Terms of Use are invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

These Terms of Use represent the entire and final agreement regarding our Site and any Forum content, and supersedes any prior or contemporaneous communications between R Heart and you regarding our Site and its contents. All rights not expressly granted to you in these Terms of Use are reserved to R Heart.

These Terms of Use were last updated on June 14, 2021.