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By using this website (“Site”), you signify your assent to these Terms & Conditions (“Terms”). The Site is hosted and maintained by The Rypen Group, LLC (“Rypen”) and the Site Content and products sold through this Site (collectively the “Service”) are governed by these Terms. Rypen may modify these Terms at any time, and such modifications shall be effective immediately upon posting.
1. Service. The information, including without limitation, text, graphics, images and information from Rypen, its licensors, suppliers and vendors, and any other material contained on the Site (collectively “Site Content”) is intended for informational and/or personal use only and is not a substitute for professional advice.
3. Accessibility/Availability. You acknowledge and agree that from time to time the Service may be inaccessible or inoperable for any reason, including without limitation: (i) equipment malfunctions, (ii) periodic maintenance procedures or repairs; or (iii) other causes beyond our control. Additionally, because the Service is accessed via the internet, you may have connection issues due solely to your own internet service provider or other technological access requirements. Rypen is not responsible for any third party access requirement. Rypen will use its commercially reasonable efforts to provide the access to the Service twenty-four (24) hours a day, seven (7) days a week. You acknowledge that from time to time the Service may be inaccessible or inoperable for various reasons, including: periodic maintenance procedures or upgrades; service malfunctions; and causes beyond the control of Rypen or which are not reasonably foreseeable by Rypen, including the interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. Rypen shall provide notice, when possible, on the Site in the event of any downtime. The Service may not be available in all areas and use of the Service is subject to applicable laws and regulations.
4. Supplier Limitation. You agree that the Service is proprietary to Rypen, but access to the Service may include hardware, software elements and other proprietary materials from Rypen suppliers and agents that may be subject to license restrictions. Consequently, the Service may be subject to the license limitations of Rypen’s suppliers and agents.
DISCLAIMER/LIMITATIONS ON LIABILITY
6. DISCLAIMER. AS NOTED IN THESE TERMS, THE SERVICE AND ANY INFORMATION CONTAINED ON OR PROVIDED THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” BASIS. ANY ACCESS TO THE SERVICE IS VOLUNTARY. RYPEN WILL REGARD ALL ACCESS AS VOLUNTARY AND AT YOUR SOLE RISK.
7. LIMITATIONS ON LIABILITY. RYPEN DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND WHATSOEVER (INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, OR WITH RESPECT TO ANY SERVICE CONTAINED ON OR PROVIDED THROUGH THE SITE OR SERVICE. RYPEN DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, NOR DOES RYPEN MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE SERVICE. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
8. DAMAGE LIMITATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RYPEN OR ITS SUPPLIERS OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, RESULTING FROM ANY LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, BUSINESS INTERRUPTION, LITIGATION, OR ANY OTHER PECUNIARY LOSS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS SITE OR SERVICE, WITH THE DELAY OR INABILITY TO USE THIS SITE OR SERVICE, OR WITH THE PROVISION OF OR FAILURE TO MAKE AVAILABLE ANY SERVICE CONTAINED ON OR PROVIDED THROUGH THE SITE OR SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Rypen, its suppliers and agents shall be liable only to the extent of verifiable, actual damages incurred by you directly related to the subscribed for and paid for Service, not to exceed the fees you paid for the Service prior to the date of the event giving rise to such damages. You acknowledge and agree that neither Rypen nor its suppliers or agents are liable for any personal injury, including death, caused by your use or misuse of the Service. Any claims arising in connection with your use of the Service must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under this Agreement are exclusive and are limited to those expressly provided for in this Agreement. If you are dissatisfied with the Service, your sole and exclusive remedy shall be for you to discontinue use of the Service.
9. AGREEMENT. YOU ACKNOWLEDGE THAT THE LIMITATIONS OF LIABILITY ABOVE ARE FUNDAMENTAL ELEMENTS OF THESE TERMS AND THE SERVICE WOULD NOT BE PROVIDED ABSENT SUCH LIMITATIONS.
10. Charges and Fees. All Service fees (i.e. product costs) are exclusive of sales and other taxes and you are responsible for payment of any applicable federal, state, local and city taxes. Rypen reserves the right to modify or terminate subscriber accounts, Service, Service fees or establish new fees for Service at any time for any or no reason upon posting such modifications or by posting notice of termination to the Site and/or notifying you directly, including but not limited to email.
11. Credit Card Payments. If you elect to pay for Service fees by credit card, you are responsible for providing a valid credit card number at the time you register to pay for such Service by credit card. You represent and warrant that you are an authorized user of the credit card number provided, and you agree to pay all charges resulting from your account for the Service ordered at the fees then in effect, including any unauthorized charges incurred prior to your notice to Rypen of such charges. You agree that Rypen may pass your credit card information and personally identifiable information to Rypen’s designated service provider(s) for their use in processing the credit card payment for the Service.
12. Cancellation. You may cancel your Service account at any time.
13. Passwords/Security. You shall be solely responsible for the security, confidentiality and integrity of all data or information and the Service that you receive, transmit or store via the Service. Rypen has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your account or password. It is your sole responsibility and you agree to bear all responsibility for the confidentiality of your password and all use or charges incurred from use of the Service with your password.
14. Restrictions on Use. Only internal personal use of the Site Content, Service or Site is permitted. You agree not to change or delete any copyright or proprietary notice from Rypen Data, Service contained on or provided through the Service or any site accessible through the Service.
15. No Reproduction. Without the prior written permission of Rypen (or its applicable supplier), you may not publish, copy, reproduce, distribute, transfer, upload, post, transmit, or otherwise use any Site Content or Service materials contained on or provided through the Site, in whole or in part. Requests for Rypen's permission to publish, copy, reproduce, distribute, transfer, or otherwise use such Site Content should be sent to Rypen.
16. Transmission. You acknowledge that you are using the Service at your own risk and you are personally responsible for verifying its suitability for your needs. You agree that you will not upload or transmit any communications or Service of any type through the Service that infringe or violate any rights of any party. By submitting communications or Service to any public area of the Site or by email to Rypen, you agree that such submission is non-confidential for all purposes. You may not use the Service to send unsolicited commercial email to any person.
17. Compliance with Applicable Laws. You agree that you will not use the Service for activities prohibited by state or federal law or other applicable rules or regulations. You represent and warrant that: (i) you are not located in a country that is subject to U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
18. License. If you submit any Service, business information, ideas, concepts or inventions (collectively “Submissions”) to Rypen, you automatically grant, and warrant that you are the owner or have rights to such Submissions, to Rypen a royalty-free, perpetual, irrevocable, world-wide, nonexclusive, sub-licensable (through multiple tiers) license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display, including digitally or electronically, the Submissions in any media or medium, any form, format or forum now known or hereafter developed.
19. Agreement. These Terms constitute the entire agreement and understanding among the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, inducements and conditions expressed or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. These Terms shall be binding upon and inure to the benefit of the parties, their successors, and assigns.
20. Governing Law/Jurisdiction. Rypen is based in Minnesota. Rypen makes no claims that the Service is appropriate outside of the United States; access to the Service may not be legal by certain persons or in certain countries. If you access the Service from outside the United States, you do so at your own risk and are responsible for compliance with laws of your jurisdiction. These Terms, and the resolution of any dispute related to the terms of these Terms or the Service, shall be governed by and construed in accordance with the laws of Minnesota, without giving effect to any principles of conflicts of law. Any legal action or proceeding between Rypen and/or its suppliers and you related to these Terms, the Service shall be brought exclusively in a state or federal court of competent jurisdiction in Minneapolis, Minnesota.
21. Changes to the Service. Service or Site Content contained on or provided through the Service may be changed or updated without notice. Rypen and its suppliers have no obligation to update information presented in the Service, so information contained herein may be out of date at any given time. Rypen may also make improvements and/or changes in the Service described in this information at any time without notice. Rypen and its suppliers may change or modify the Service, or discontinue the Service altogether, at any time with prior notice posted on the Site.
22. Waiver. Rypen's failure to insist upon strict enforcement of any provision(s) of these Terms shall not be construed as a waiver of any provision or right.
23. Assignment. You are not permitted to assign these Terms or your Service account or any of your rights and obligations to these Terms, in whole or in part, without the prior written consent of Rypen.
24. Severability. Should any provision of these Terms be held invalid or unenforceable, such invalidity will not invalidate the whole of these Terms, but rather that invalid provision will be amended to achieve as nearly as possible the same economic effect as the original provision and the remainder of these Terms will remain in full force and effect.
25. Notices. Notices under these Terms shall be in writing and shall be deemed given when: (i) delivered personally; (ii) on the date sent by facsimile or e-mail to the number or e-mail address provided through your account; or (iii) three (3) business days after the date sent by certified mail, postage prepaid with return receipt requested to: The Rypen Group, LLC, c/o Hellmuth & Johnson, PLLC, 8050 West 78th Street, Edina, Minnesota 55439. You may also contact Rypen via telephone at 1-800-560-0554 or by email at firstname.lastname@example.org with any Service questions or comments.
26. Survival. The following provisions shall survive expiration or termination of these Terms: provisions 6 through 26.
Rypen e-Gift Cards may be used to purchase any eligible product available for purchase on our online catalog. The recipient will either be notified via email or by the purchaser of the e-Gift card. This option is given to the purchaser at time of purchase.
E-Gift cards may be purchased in US dollar increments of $25, $50, $75, $100, $150, $200, $250, $500, $750, $1,000, $1,500, and $2,000. The total amount of the e-Gift Card will be charged to the purchasers credit card when the purchaser confirms such e-Gift Card. Purchasing e-Gift Cards is governed by all other terms, except otherwise provided in this section.
If a purchase exceeds the amount of an e-Gift Card, the remaining balance will have to be paid by credit card or any other available payment method, in accordance with Rypen policy. E-Gift Cards cannot be used to purchase other e-Gift Cards and do not expire. Purchases using an e-Gift Card are not eligible to earn Rypen Seeds.
Recipients of e-Gift Cards are not eligible for a refund (except where prohibited by law), cannot resell or transfer their e-Gift Card, re-load e-Gift Card or re-activate once it has been used. E-Gift Cards are not currency and outside of Rypen hold no cash value. Rypen is not responsible for unauthorized use of an e-Gift Card.