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TERMS OF USE
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GeneralThese terms and conditions (the “Terms and Conditions”) govern and apply to anyone accessing or using the Patiera USA LLC website located at www.patiera.com, and any associated websites, mobile sites or applications, products, software and other services (collectively, the “Services”). These Terms and Conditions apply to any use of the Services. The Services are owned and operated by Patiera USA LLC and its parents, affiliates, and/or franchisors (collectively, “Patiera,” “we,” “our,” or “us”). While using the Services, please be aware that your access to and use of the Services and any information or documents offered by Patiera are subject to these Terms and Conditions. If you choose to continue to use or access the Services after having the opportunity to read these Terms and Conditions, you are indicating your acceptance of the Terms and Conditions and Patiera Privacy Policy. If you do not agree with any part of these Terms and Conditions or Patiera Privacy Policy, please do not use our Services. Patiera reserves the right to modify these Terms and Conditions at any time without notice, and such changes shall be deemed effective immediately upon posting of the modified Terms and Conditions. You should regularly review these Terms and Conditions to ensure that you are aware of, understand and accept any changes made. Your continued use of the Services following the posting of changes to these Terms and Conditions will indicate your acceptance those changes. The services are not intended for use or access by anyone under the age of 18. If you are under the age of 18, you may not use or access the website or provide us with any personally identifiable information. If you are under 13 years of age, it is asked that you do not provide any personally identifiable information to Patiera without the knowledge and permission of your parent or guardian. Patiera does not knowingly collect information from children under the age of 13 and does not target its website to children under the age of 13.You may not use the Services and may not accept these Terms and Conditions if (1) you are not of legal age to form a binding contract with Patiera, or (2) you are a person barred from receiving the Services under the laws of the jurisdiction in which you are resident or from which you use the Services. PLEASE NOTE: If any part of any of these terms is found invalid or unenforceable, then that part shall be stricken and all other parts shall remain in full force and effect.
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Changes to Terms/SiteWe reserve the right to modify or amend these Terms of Use, as well as any aspect of the Site, at any time. All changes will be effective immediately upon posting to the Site. By accessing or using the Site after changes are posted, you agree to and accept those changes.
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Third-Party Web SitesThe Site may link to, or be linked to, websites not maintained or controlled by RTG. Those links are provided as a convenience, and Patiera is not responsible for examining or evaluating the content or accuracy of, and does not warrant or endorse, any third-party web site or any products or services made available through those web sites. Please take care when leaving the Site to visit a third-party web site. You should read the terms of use and privacy policy for each web site that you visit.
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Intellectual Property RightsThe Site, including its text, audio, video, graphics, charts, photographs, interfaces, icons, other content, software, computer code, data, trademarks, logos, slogans, names of products and services, documentation, other components, and the design, selection, and arrangement of content is exclusively the property of Patiera or, as applicable, its suppliers and licensors, and is protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of any trademarks, trade dress, or any other intellectual property belonging to Patiera or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law. The Site may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners. All rights not expressly granted herein are reserved by Patiera and its licensors.
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Use of the Site; ComplianceYou may download and print one copy of the Site's visible content for your personal and noncommercial use, provided you do not modify or delete any copyright, trademark, or other proprietary notices. You may not otherwise copy, reproduce, display, duplicate, sell, publish, post, license, distribute, or create derivative works of the Site or any part of the Site without the prior written consent of Patiera. For example, you may not copy, reproduce, publish, upload to another web site, or otherwise distribute any of the images on the Site. You may not use the Site for unlawful purposes. You may not access, use, or copy any portion of the Site or its content through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms. User activities that aim to render the Site or associated services inoperable or to make their use more difficult are forbidden. You are responsible for complying with all local, state, and federal laws and regulations that apply to your use of the Site. You may not upload to, distribute or otherwise publish through the Site any content that (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of "spam." You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Site. Some features on the Site may require you to register or create an online account ("Account"). You agree to provide true, accurate, current and complete information about yourself. You are responsible for protecting and maintaining the confidentiality of your login credentials and password and for restricting access to your computer or other device used to access your Account. You agree that you will be responsible for any and all statements made, and acts or omissions that occur on or through the Site, through the use of your online account and password, whether or not authorized by you. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your password, you agree to notify to Patiera immediately at info@patiera.com. Patiera may terminate your account and suspend your use of the Site for any reason without prior notice to you, including but not limited to if Patiera suspects that your account is being used in an unauthorized manner or that you are in violation of these Terms of Use.
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FeedbackPatiera welcomes comments regarding the Site, including any products or services available through the Site (“Feedback”). If you submit any Feedback to us regarding the Site, you are granting to Patiera a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display (publicly or otherwise) such Feedback, in any medium or format, and that such Feedback will not be considered or maintained as confidential. We may use any feedback that you send us in our discretion and without attribution or compensation to you.
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PrivacyYour use of the Site is subject to our Privacy Notice. You may obtain a copy of our Privacy Notice by clicking here. You consent to being contacted by phone or text message to any telephone number You have previously provided to Patiera. You acknowledge that Patiera may collect, record, use, share, and otherwise process your personal information, including through the use of automated technologies, as described in the Privacy Notice.
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Customer CommunicationsNot withstanding the context in which you provide your e-mail address or telephone number, any prior consents you may have provided to receive marketing and/or non-marketing telephone calls/SMS/MMS messages, any revocation of said consent and any request to be placed on a federal, state or internal do-not-call list, you consent to Patiera, its affiliates, any other intended beneficiary of your agreements with Patiera, and any third-party service providers, including, but not limited to, delivery service providers and survey/research companies, contacting you using any e-mail address or any telephone number that you provide. You agree that any SMS/MMS messages and/or telephone calls may be sent or placed using an automatic telephone dialing system or prerecorded or artificial voice. You agree that such communications may be made for any purpose including, without limitation, processing and servicing any order, arranging delivery, conducting surveys (including satisfaction surveys), researching and improving products, providing customer service and marketing. You agree that Patiera, its affiliates, any other intended beneficiary of your agreements with Patiera, and any third-party service providers may send you messages regarding the foregoing topics or any topic and that such messages and/or calls may be made or placed using different telephone numbers or short codes. You further agree that each short code and/or telephone number used to communicate with you is an independent message campaign, separate from any other communication campaign you may receive from or on behalf of Patiera, its affiliates, any other intended beneficiary of your agreements with Patiera, and any third-party service providers. To stop, unsubscribe or otherwise revoke your consent to receive messages from a specific campaign, you must text “STOP” to each individual campaign you no longer wish to receive messages from. You agree that that by texting “STOP” to a given message campaign, you will ONLY be unenrolled from text messages from that specific message campaign. If you wish to opt out of ALL message campaigns, you must text “STOP” to each message campaign. Alternatively, to opt out, you may reach Patiera at: info@patiera.com or send notice of your request to: ATTN Legal Department, 8838 Harding Ave, Surfside, FL, 33154. Any other attempt to revoke consent shall be invalid and of no effect. You further agree that the methods of revocation described in this paragraph are reasonable. You certify, warrant and represent that any telephone numbers you provide to us are your contact numbers and not someone else's. You represent that you are permitted to receive calls and text messages at the telephone numbers you have provided to us. You agree to promptly alert us whenever you stop using a telephone number. Patiera may use such means of communication described in this section even if you will incur costs to receive such messages, text messages, e-mails or other means, which may occur. If you want to start receiving messages again, sign up as you did the first time. If you need help, text “HELP” to any message you receive from us. For customer support please reach us at info@patiera.com. Message and data rates may apply, and message frequency may vary. Carriers are not liable for delayed or undelivered messages. You agree that the terms of your agreements with Patiera were arrived at by a mutually agreed, bargained-for exchange and that all terms are essential.
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Purchase InformationIf you submit payment information that is incorrect or invalid, your payment will not be processed. We have no responsibility or liability if your payment method is declined by your financial institution or any third party financing company. Payments are processed by our third-party payment processor. Refunds, if available, are solely the responsibility of Patiera and are at Patiera's sole discretion.
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Merchandise AvailabilityThe prices and availability of merchandise on the Site may change at any time without notice to you. Merchandise prices and selection may vary from region to region and differ between the Site and stores. Availability of merchandise may be limited and merchandise may not be available for immediate delivery.
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No liabilitya. In no event will Patiera or any of its parents, subsidiaries, divisions, shareholders, members, directors, officers, employees, representatives, consultants, agents, suppliers, licensors, predecessors, successors, or assigns be liable to you for any direct, indirect, special, incidental, exemplary, punitive, or consequential loss or damage, or any other loss or damage of any kind, arising out of or in connection with the site or your direct or indirect use of the site. Including, without limitation, the input of personally identifiable and other information into the site, whether the claim is based in contract, tort (including negligence), strict liability, warranty, or otherwise, and even if Patiera has express knowledge of the possibility of the loss or damage. Your sole and exclusive remedy is to stop accessing and using the site. b. Without limiting the foregoing, if Patiera is found liable to you or to any third party as a result of any claims or other matters arising out of or in connection with the site or these terms of use, the maximum liability for all of those claims and other matters will not exceed $100, even if this remedy fails of its essential purpose. C. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above exclusions and limitations may not apply to you. If pursuant to applicable state law, the limitation of liability for incidental or consequential damages are not permitted, the liability of rooms to go, third party content providers, and their respective agents, shall be limited to the greatest extent permitted by law.
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IndemnificationYou agree to indemnify, defend, and hold harmless Patiera, and each of its parents, subsidiaries, shareholders, members, directors, officers, employees, representatives, consultants, agents, suppliers, licensors, predecessors, successors and assigns, from and against all losses, claims, liabilities, demands, complaints, actions, damages, judgments, settlements, fines, penalties, damages, expenses, and costs (including, without limitation, reasonable attorneys' fees and costs) that arise out of or in connection with your access to or use of the Site, your misuse of any material, data, or other information downloaded or otherwise obtained from the Site, your order of merchandise through the Site, or your violation of these Terms of Use. We reserve, and you grant to us, the exclusive right to assume the defense and control of any matter subject to indemnification by you, in which event you will assist and cooperate with Patiera in asserting any available defenses. This provision does not apply to intentional or reckless acts or gross negligence on the part of Patiera.
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CopyrightPatiera asks that its users respect the rights of intellectual property owners. If you believe that your work has been copied on the Site in a way that constitutes infringement, you agree to provide Patiera the following information in the form prescribed by Section 512 of Title 17, United States Code: A. A description of the copyrighted work or works that you claim have been infringed; B. A description of the allegedly infringing material, including its location on the Site; C. Your address, telephone number, and email address; D. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; E. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and F. An electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Patiera's Copyright Agent for notice of claims of copyright infringement on the Site should be sent to: info@patiera.com
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Linking to the SiteIf you operate a web site and are interested in linking to the Site: you agree that (i) the link must be clearly marked; (ii) the link and its use must be in connection with a web site of appropriate subject matter; (iii) the link and its use must not, nor have the potential to, damage or dilute the goodwill associated with Patiera`s names and trademarks; (iv) the link and its use must not create the false appearance that any program, person, or entity is associated with or sponsored by Patiera; and (v) the link, when activated by a user, must display the Site full-screen and not within a "frame." Patiera reserves the right to revoke consent to link to the Site at any time in its sole discretion, either by amending these Terms of Use or through other notice.
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Governing LawThese Terms of Use are governed by the laws of the State of Florida, without regard to its conflict of law principles, except to the extent that the Federal Arbitration Act governs the Dispute Resolution/Arbitration Agreement, as stated below. The United Nations Convention for the International Sale of Goods does not apply.
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Electronic CommunicationsThese Terms and any other documentation, agreements, notices, or communications between you and Patiera may be provided to you electronically to the extent permissible by law. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.
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Contact UsIf you have any other questions or concerns regarding these Terms of Use, please contact us by mail at: Patiera Internet Sales Support, 8838 Harding Ave, Surfside, FL 33154, or by email: info@patiera.com
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