Terms of Service

Terms of Service
Welcome to the Déjàmor site (the “Site”). These Terms of Use govern your use of the Site and its contents. The terms “Déjàmor,” “we,” “us” and “our” refer to RC Labs, Inc.
By using the site, you agree to these terms of use, the Déjàmor privacy statement, and Déjàmor community guidelines. You further agree to receive required notices and to transact with us electronically. If you do not agree, please do not use the site.
1. Registration

You may shop and browse this Site without registering. However, we recommend that you register on this Site in order to use certain Site functions, such as viewing your order status and history. During registration, you will be required to provide contact information, consisting of an email address, username and password. You can select any username you like, except that your username cannot be an impersonation of another person, a term that is the same or confusingly similar to a famous trademark, or a term that is offensive in any way. You may, but are not obligated to, use your own name. If you do use your own name, you consent to it being passed to others by use of certain of the functions of Déjàmor and the Site such as our blogs. Déjàmor reserves the right to reject or remove any username. For certain Site functions, such as the purchase of products and services, you are required to provide your name, address and billing and credit card information. You are required to provide accurate and complete information.

By purchasing a month to month subscription you become a “Member” of Dejamor, and you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Your subscription will be automatically extended for successive monthly periods, at the then-current subscription rate. To cancel your subscription at any time, effective next billing cycle, you must visit dejamor.com/cancel. Cancellation requests via email are unacceptable and invalid.

Dejamor may submit periodic charges (e.g., monthly) without further authorization from you, until you provide prior notice that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before Dejamor reasonably could act. Members will not receive a full or partial refund of any monthly or annual fee already paid.

For multiple month subscriptions (3, 6, & 12 months), your subscription will not be renewed after your then-current term expires. If you cancel your subscription, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. We reserve the right to revoke your subscription at any time as a result of a violation of these Terms or the Privacy Policy. Membership is void where prohibited by law.


2. Age of Users

Children under the age of 18 may not use this Service and parents or legal guardians may not agree to these Terms of Use on their behalf. If we become aware that a child under 18 has provided or attempted to provide us with personal information, we will use our best efforts to remove the information permanently from our files.

3. Non-Commercial Use

This Site and its contents are for your own personal, non-commercial use only.

4. Additional Terms and Conditions for Software; EULAs

When you register for or purchase the Site’s services, you will be required to agree to one or more End-User License Agreements (or “EULAs”) which may include additional terms. You will be bound by any EULA that you agree to.

5. Dejamor Privacy Statment

Your use of this Site signifies your continuing consent to the SPICEGUIDES Privacy Statement, which you can examine at any time by clicking on the “Privacy” link on the Site. Personal information that you supply to Déjàmor, and any information about your use of Déjàmor that we obtain will be subject to the Déjàmor Privacy Statement on this Site.

6. Changes to Dejamor

We may discontinue or change any Déjàmor content, service, function or feature at any time with or without notice.

7. Proper Use of This Site

When you use our shopping cart, blogs, or other social and communications functions, you agree at all times to comply with the Déjàmor Community Guidelines, which you mayaccess with the Community Guidelines link on the Site. You may use Déjàmor for lawful purposes only and may use the Site only in ways consistent with the law. You may not use any program, spider or “bot” to gather or “harvest” information from this Site.

8. Proprietary Rights

Dejamor and its suppliers reserve all rights under intellectual property law in Déjàmor and in any content that is on the Site. Except as Déjàmor may expressly state in writing, you may not reproduce, reprint, publish, orotherwise exploit content or technology from Déjàmor or its suppliers on the Site without our express prior written consent.

9. Changes to the Terms of Use

We may change the Terms of Use at any time. You can review the most current version of the Terms of Use by clicking on the Site’s “Terms of Use” link. If you continue to use this Site after we make changes to the Terms of Use, you are signifying your acceptance of the new terms. You are responsible for checking these terms periodically for any changes.

10. Electronic Delivery Statement
and Your Consent

You agree that we may provide to you notices and other information concerning Déjàmor or this Site electronically, including notice to any email address that you may provide.

11. Content That You Supply

Déjàmor may allow you to supply content for the Site or its functions that can be accessed and viewed by others. You agree not to post any content that violates these terms, any applicable EULA or the Community Guidelines. Content that violates applicable rules may be removed. If you post any content onany blog or other public area of the Site, you grant us and our affiliate companies the perpetual sublicensable right and license to use, copy, display, perform, distribute, modify, adapt, abridge, exploit, and promote this content in any way and in any commercial or non-commercial medium or form without charge.

12. No Duty to Monitor

You agree that we are not liable for content that is provided by others. We have no duty to screen content that you may supply or post, but we have the right to refuse to post or to edit submitted content. We reserve the right to remove any content for any reason at any time.

13. Third Party Sites and Advertisers

Déjàmor may include on its Site links to third party web sites. You agree that we are not responsible or liable for any content or other materials on third party sites. You also agree that we are not responsible for content or claims supplied by our advertisers. We are also not responsible for any transactionsor dealings between you and any third party or any advertiser. You agree that Déjàmor is not responsible for any claim orloss due to a third party site or any advertiser.
14. Disclaimer of Warranites

We provide this Site and its contents “AS IS.” We and our suppliers make no express warranties or guarantees about this Site. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM ANY EXPRESS AND IMPLIED WARRANTIES, INCLUDING ANY WARRANTY THAT THE SITE AND PRODUCTS SOLD ARE OR WILL BE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, IS ERROR- FREE, RELIABLE, OR WILL OPERATE WITHOUT INTERRUPTION. Because some states do not permit disclaimer of implied warranties, you may have additional consumer rights under your local laws.

15. Limitation of Liability

You may not assert claims for money damages arising from this Site or its contents. We and our suppliers shall not be liable for any indirect, special, incidental, consequential or exemplary damages, even if we knew or should have known of the possibility of such damages. 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, and the liability of our company and suppliers, shall be limited to the extent permitted by law.

16. Indemnification

You agree to defend, indemnify, and hold harmless us and our parent and other affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorneys’ fees, that arise from your use or misuse of this Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

17. International Use

We make no representation that content on this Site is appropriate or available for use in locations outside the United States. If you choose to access this Site from a location outside the US, you do so on your own initiative and you are responsible for compliance with local laws.

18. Choice of Law and Location
for Resolving Disputes

We make no representation that content on this Site is appropriate or available for use in locations outside the United States. If you choose to access this Site from a location outside the US, you do so on your own initiative and you are responsible for compliance with local laws.

19. Binding Arbitration

You agree that any disputes or claims that you may have against us will be (except as stated below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA web site www.adr.org. The determination of whether a dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, Déjàmor will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, and will provide a statement of reasons if requested by a party. Except as otherwise provided in this Agreement, you and Déjàmor may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE THE RIGHT TO A JURY TRIAL.

Notwithstanding the above, to the extent you have in any manner violated or threatened to violate RC Labs, Inc.’s intellectual property rights, RC Labs, Inc. may seek injunctive or other appropriate relief in any state or federal court in the state of New York, and you consent to exclusive jurisdiction and venuein such courts.

20. Severability and Integration

This contract and any supplemental terms, policies, rules and guidelines posted on this Site constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of the Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remainingportions shall remain in full force and effect.

21. Termination

We reserve the right to terminate your use of this Site if you violate the Terms of Use or any rules or guidelines posted on the Site or for any other reason in our discretion.

22. Claims of Copyright Infringement

If you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, please follow the instructions on how to contact us to report possible copyright infringement here.

23. International Shipments

We ship from our distribution center in the United States to any international destination. In addition to your monthly subscription cost you will be charged between $14 and $30 (depending on outgoing package weight) for USPS First Class International Mail cost to your destination. Also, any additional duties, taxes, or fees will be the responsibility of the receiver. According to USPS, these fees vary by country but should rarely be more than 8% of your monthly subscription cost. Consult your local shipping and and customs authority for exact rates. International shipments may take up to several weeks to reach your destination and is subject to delays by your home country’s customs office. Lastly, we can remit only the subscription cost — not the additional international shipping cost — if you request a cancellation or refund.

Revision Date: Jan. 27, 2013
Copyright © 2011-2013 RC Labs,Inc.
All Rights Reserved.