The following Terms of Sale apply to your use of all websites owned, controlled, operated or hosted (whether now or in the future) by RIC and/or its corporate affiliates, including but not limited to the [insert other names if applicable] websites and all related applications and services (collectively the “RIC Sites”).
Terms of Sale
Last Updated: [11/7/2013]
These Terms of Sale are subject to change by RIC from time to time. In the event of such changes, we will post the changes on the RIC Sites and/or notify you via email. Also, we may ask you to review and consent to the changes at the time of your next account login or at the time of your next purchase on or through any of the RIC Sites. Changes to these Terms of Sale shall apply to any purchases made after such notice and consent. Please review these Terms of Sale prior to each purchase so you will understand the terms applicable to such transaction. If you do not agree to these Terms of Sale, do not make any purchases on or through the RIC Sites.
PLEASE READ THESE TERMS OF SALE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
When a member signs up for the service, they may be offered either a single card or a monthly fee for unlimited cards where there is recurring billing every month based on the date of sign in.
Your membership will automatically be renewed at the end of the membership term unless: (1) you turn off the auto-renew feature prior to the expiration date of your then existing membership; or (2) you request a cancellation within three (3) days from the date your renewal payment has been accepted and processed (in which case you will receive a full refund of the renewal payment). NO REFUND will be given, whether in whole or in part, if you request a cancellation more than 30 days after your renewal payment has been accepted and processed, and your access to the Membership-based Features will continue only for the remainder of the renewed membership term. To cancel your membership renewal, please go to the “My Account” section of the RIC Site(s) where you have a membership account. Only one refund will be granted in any 12 month rolling period.Trial Periods
1.2 Trial Periods
In order to allow customers an opportunity to “sample” our products and services, occasionally we offer trial periods during which you will receive three (3) cards, and will have the ability to cancel your membership within a stated period of time and receive a full refund. If you do not cancel during the trial period, you will automatically be converted into a non-trial member upon expiration of the trial period. If you cancel after the trial period has ended, NO REFUND will be given, whether in whole or in part, and your access to the Membership-based Features will continue only for the remainder of the non-trial membership term. To cancel your trial membership, please go to the “My Account” section of the RIC Site(s) where you have a trial membership account.
1.5 RIC's Right to Terminate
RIC reserves the right to terminate your membership at any time for any breach or violation by you of the RIC Terms of Service. In the event of such termination, you will not be entitled to any refund of any unused portion of the membership fee previously paid by you.
2. A la Carte Purchases
No membership is necessary to purchase virtual goods, physical goods or material offered on a pay-per-download basis on the RIC Sites. For purchases of a la carte virtual goods, physical goods or pay-per-download material, we will bill you on an order-by-order basis, i.e., we will charge the purchase amount to your specified credit card/debit card when you click submit on the order or download page. For the avoidance of doubt, neither the term “physical goods” nor the term “pay-per-download material” will include online, streaming use of the RIC Premium Content described in Section 1.4 above (except for special orders and as otherwise noted by RIC).
All physical goods purchased on or through the RIC Sites will be shipped FOB Shipping Point. Title to such goods passes from RIC to you upon shipment. Subject to our return and exchange policies set forth in this Section 2.1, all purchases of physical goods on or through the RIC Sites are final, non-cancelable and non-refundable. You may return the following items within ten (10) days of delivery for a refund of the purchase price actually paid by you, subject to the terms and conditions set forth below: (1) new, unopened items in their original containers or packaging; and (2) defective or damaged items, or items delivered due to an error by RIC (each, a “Faulty Item”). However, we DO NOT accept returns of the following: (1) items returned more than 10 days after delivery; (2) items that have been opened, unless it is a Faulty Item; (3) items that have obvious signs of use; or (4) damaged items where damage occurred after your receipt of the item or during the return shipping. Except for Faulty Items, a 20% restocking fee may be applied to your return and you will be responsible for paying the return shipping costs. To return any item, you must call RIC’s customer service first for a return authorization number, and NO return will be accepted without a return authorization number.
In lieu of a refund, you may exchange a Faulty Item for the same item, provided that you return the Faulty Item with an exchange request within ten (10) days of delivery. Unfortunately, we cannot accept exchange of a Faulty Item for a different item. If you wish to purchase a different item, you may return the Faulty Item for a refund and place a new order for the item you wish to purchase.
2.2 Pay-Per-Download Material
With respect to any a la carte virtual good or pay-per-download material that you purchase on or through the SYC Sites, you acknowledge and agree that, upon making such material available to you (or to your intended authorized recipients) for download, RIC will have fully satisfied its obligation to deliver or otherwise provide such material, regardless of your or your recipients’ failure or inability to view, play, use or store such material. All purchases of a la carte virtual goods and pay-per-download material on or through the RIC Sites are final, non-cancelable and non-refundable, and no such material is returnable or exchangeable (except as expressly otherwise provided in these Terms of Sale or as otherwise determined by RIC in its sole discretion). For the avoidance of doubt, a la carte virtual goods and pay-per-download material is provided for your personal, non-commercial use only and remains the exclusive property of RIC.
3. Membership Enhancements
We may offer enhancements for your membership and/or a la carte purchase options. For example, we may offer an ad-free membership, a membership that includes bonus content, the option to download your own music, or the ability to download digital video files to your desktop for an additional fee. Such membership enhancements may be added for an additional NON-REFUNDABLE fee and may be cancelled at any time (provided that you will continue to have access to your purchased enhancements for the duration of your basic membership). You may renew your basic membership and choose not to renew your membership enhancements, but you may not renew membership enhancements without a basic membership.
4. General Provisions
4.1 Purchase Qualifications; Account Security
To make any purchase on or through the RIC Sites (including, without limitation, purchase of memberships, a la carte virtual goods, physical goods, and/or pay-per-download material), you must be a Registered User (as defined in the RIC Terms of Service) and comply with these Terms of Sale (including the RIC Terms of Service). You acknowledge that you are responsible for maintaining the security of, and restricting access to, your account and password, and you agree to accept responsibility for all purchases and other activities that occur under your account. RIC sells its products and services only to those who can legally make purchases with a credit card/debit card. If you are under 18 (but not younger than 13), you may make purchases on or through the RIC Sites only with the consent and supervision of a parent or guardian. No one under 13 is allowed to make any purchase on any of the RIC Sites or RIC Services. SYC reserves the right to refuse or cancel any customer order or terminate any customer account with RIC, at any time in its sole discretion (except as prohibited by law).
4.2 Payment Method and Terms
We accept Visa, MasterCard, American Express, and Discover credit cards and certain debit cards, as forms of payment. By submitting an order on or through the RIC Sites, you authorize RIC, or its designated payment processor, to charge the purchase amount (and in the event of a membership renewal, you authorize RIC, or its designated payment processor, to automatically charge the renewal amount) to the credit card/debit card account you specified. No purchase will become effective unless and until your payment has been accepted and processed. RIC reserves the right to report, investigate and prosecute to the fullest extent required or permitted under applicable law, any fraudulent, unauthorized or otherwise unlawful use of any credit card or debit card by any person on or through the RIC Sites.
You are responsible for any and all applicable sales, use and other taxes, duties, and governmental fees and charges payable in connection with your purchase made on or through the RIC Sites. If you do not pay such taxes or fees on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such sale, and RIC reserves the right to collect or withhold such taxes or fees from you at any time.
4.4 Product and Service Availability; Errors
RIC may revise, discontinue or modify products or services offered on or through the RIC Sites, at any time without prior notice to you, If a product or service ordered by you is or becomes unavailable, RIC may decline or cancel your order (and issue you a refund if you have paid for the order), with no further liability or obligation to you. If a product or service ordered by you is or becomes unavailable, RIC may, in its sole discretion, offer to substitute your order with another product or service of equal or greater value, and will make such substitution only with your written or recorded consent.
While we strive to eliminate errors on the RIC Sites, we do not warrant that all products, services, information and content offered on the RIC Sites will be accurate, complete, reliable, current, or error-free. Unless expressly otherwise noted, all products, services, information and content offered on the SYC Sites are provided “as is” without warranty of any kind. In the event of an error by RIC in processing or delivering your order, RIC may, at its election: (1) correct such error and revise your order accordingly if necessary (including charging the correct price and billing you for any undercharged amount or refunding to you any overcharged amount, as the case may be); or (2) cancel your order affected by the error and issue a refund of the purchase amount actually paid by you for such order. By placing an order on or through the RIC Sites, you acknowledge and agree that, in the event of an error by RIC in processing or delivering your order, your sole remedy is to cancel your order and return the physical goods delivered (if any) for a refund of the purchase amount actually paid by you, all subject to RIC’s cancellation, return and refund policies set forth in these Terms of Sale.
ANY WARRANTY ON PRODUCTS OR SERVICES PURCHASED THROUGH ANY OF THE SYC SITES ARE PROVIDED BY THE ORIGINAL MANUFACTURER ONLY AND NOT BY RIC. SYC ITSELF MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD ON ANY OF THE RIC SITES.
ALL PRODUCTS AND SERVICES ON THE RIC SITES ARE PROVIDED OR SOLD "AS-IS" AND SYC DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. RIC CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF PRODUCTS OR SERVICES. SYC DOES NOT REPRESENT OR WARRANT THAT PRODUCTS, SERVICES OR ANY PART THEREOF, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT PRODUCTS OR SERVICES THAT ARE DOWNLOADED FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES.
Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by RIC.
4.7 Limitations on Liability
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL RIC OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION FOR ANY LOST PROFITS OR LOST DATA, ARISING FROM YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES ON THE RIC SITES, EVEN IF SYC IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SYC'S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU TO RIC FOR THE PURCHASE OR USE OF ANY PRODUCT OR SERVICE ON THE SYC SITES, BUT IN NO CASE WILL RIC'S TOTAL LIABILITY TO YOU EXCEED $1,000.
CERTAIN STATE LAWS 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 TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
4.8 Governing Law; Venue and Jurisdiction
You agree that the laws of the State of California, without regard to principles of conflict of laws, will govern your use and purchase of products and services and these Terms of Sale, and any dispute of any sort that might arise between you and RIC or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in the Los Angeles County, California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts located in the Los Angeles County, California.
YOU AND RIC AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF SALE OR THE SALE OF ANY PRODUCT OR SERVICE BY SYC SHALL BE FINAL AND BINDING ARBITRATION, except that, to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, such other party may seek injunctive or other appropriate relief.
Any dispute regarding any aspect of this Agreement or any act which allegedly has or would violate any provision of this Agreement (“arbitrable dispute”) shall be submitted to arbitration in Orange County, California, before an experienced arbitrator licensed to practice law in California and selected in accordance with the rules of the American Arbitration Association, which shall also govern the arbitration, as the exclusive remedy for such claim or dispute. Any such arbitrable dispute must be raised by written notice to the other party within the period set by state and/or federal law as the statute of limitations governing discrimination claims. The costs of any such arbitration shall be shared equally by the parties. Should any party to this Agreement hereafter institute any legal action or administrative proceeding against the other with respect to any claim waived by this Agreement or pursue any arbitrable dispute by any method other than said arbitration, the responding party shall be entitled to recover from the initiating party all damages, costs, expenses, and attorneys’ fees incurred as a result of such action.
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF SALE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SITE OR ANY RIC PRODUCTS OR SERVICES, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to any products or services purchased by you on or through any of the RIC Sites be instituted more than three (3) years after the cause of action arose.
You agree to indemnify and hold RIC, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with your purchase or use of any products or services offered on any of the RIC Sites, or any violation of these Terms of Sale or of any law or the rights of any third party.
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