We at Citrus Well, LLC DBA Respyre (“Respyre,” “we,” “us,” or “our”) have created this privacy policy (this “Privacy Policy”) because we know that you care about how information you provide to us is used and shared. This Privacy Policy relates to the information collection and use practices of Respyre in connection with our online services (the “Services”), which are made available to you through a variety of platforms, including our website http://www.respyre.com (the “Website”) and other websites or mobile applications (collectively, the “Platform”). By visiting our Website, accessing the Platform, and/or using our Services, you are agreeing to the terms of this Privacy Policy and the accompanying Terms of Use. Capitalized terms not defined in this Privacy Policy shall have the meaning set forth in our Terms of Use.
When you sign up to order a subscription, order a gift subscription, become a buyer, enter a contest, promotion, or sweepstakes, or sign up to receive our newsletter, you will be required to provide us with personal information about yourself (collectively, the “Personal Information”). Such Personal Information for Buyers may include your name, e-mail address, mailing address, and phone number. We do not collect any Personal Information from you when you use the Services unless you provide us with the Personal Information voluntarily.
When you sign up to order a subscription, order a gift subscription, become a buyer, you will be required to provide certain information in addition to the Personal Information noted above. Such information may include a debit card number, credit card number, and similar information (collectively, “Billing Information”). All transactions are processed by our third-party payment vendors. We do not collect, store, or maintain any Billing Information. Instead, it is collected and processed through these third-party vendors pursuant to the terms and conditions of their privacy policies and terms of use.
In addition to the Personal Information and the Billing Information noted above that you voluntarily provide to us, we may collect additional information (collectively, the “Other Information”). Such Other Information may include:
FROM YOUR ACTIVITY. Information that we automatically collect when you use the Services, such as your IP addresses, browser type and language, referring and exit pages and URLs, date and time, amount of time spent on particular pages, what sections of the Website you visit, order information, and similar information concerning your use of the Services
FROM COOKIES. Information that we collect using “cookie” technology. Cookies are small packets of data that a website stores on your computer’s hard drive so that your computer will “remember” information about your visit. We use cookies to help us collect Other Information and to enhance your experience using the Services. If you do not want the Platform to place a cookie on your hard drive or mobile device, you may be able to turn that feature off on your computer or mobile device. Please consult your Internet browser’s documentation for information on how to do this. However, if you decide not to accept cookies from us, the Services may not function properly.
FROM YOU. Additional information about yourself that you voluntarily provide to us, such as your hobbies, personal interests, household income range, number of children, gender, demographic information, and product and service preferences.
FROM OTHER SOURCES. Information that we collect or receive from other sources. The information collected by or through third-party advertising companies We may share Other Information about your activity on the Platform with third parties for the purpose of tailoring, analyzing, managing, reporting, and optimizing advertising you see on the Platform and elsewhere. These third parties may use cookies, pixel tags (also called web beacons or clear gifs), and/or other technologies to collect such Other Information for such purposes. Pixel tags enable us, and these third-party advertisers, to recognize a browser’s cookie when a browser visits the site on which the pixel tag is located in order to learn which advertisement brings a user to a given site.
If you have registered for the Services, you may access, review, and make changes to your Personal Information and Billing Information by following the instructions found on the Platform. In addition, you may manage your receipt of marketing and non-transactional communications by clicking on the “unsubscribe” link located on the bottom of any Respyre marketing email. Buyers cannot opt out of receiving transactional e-mails related to their account. We will use commercially reasonable efforts to process such requests in a timely manner. You should be aware, however, that it is not always possible to completely remove or modify information in our subscription databases.
We use the Personal Information, the Billing Information, and the Other Information to process transactions; provide you the Services; solicit your feedback; inform you about our Products, services, upcoming events, recipes, and special promotions and those of our third-party marketing partners; administer and process contests, promotions, and sweepstakes; and improve our Services to you. Also, we may share Personal Information, the Billing Information, and/or Other Information as described below.We employ other companies and individuals to perform functions on our behalf. Examples include food services, delivery services, marketing assistance, information technology support, and customer service. These other companies will have access to the Personal Information, the Billing Information, and the Other Information only as necessary to perform their functions and to the extent permitted by law. In order to administer our contests, promotions, and sweepstakes, we may share your Personal Information and Other Information with our third-party promotional and marketing partners In an ongoing effort to better understand our users and our Services, we might analyze the Other Information in aggregate form in order to operate, maintain, manage, and improve the Services. This aggregate information does not identify you personally. We may share this aggregate data with our affiliates, agents, and business partners. We may also disclose aggregated user statistics in order to describe our products and Services to current and prospective business partners and to other third parties for other lawful purposes. As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution, or similar event, the Personal Information, the Billing Information, and the Other Information may be part of the transferred assets.
To the extent permitted by law, we may also disclose Personal Information, the Billing Information, and the Other Information when required by law, court order, or other government or law enforcement authority or regulatory agency, or whenever we believe that disclosing such Information is necessary or advisable, for example, to protect the rights, property, or safety of Respyre or others
We take commercially reasonable steps to protect the Personal Information, the Billing Information, and the Other Information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that the information you supply will not be intercepted while being transmitted to and from us over the Internet. In particular, e-mail sent to or from the Platform may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail.
The Platform and the Services are operated in the United States. If you are located outside of the United States, please be aware that any information you provide to us will be transferred to the United States. By using the Services and/or providing us with any information, you consent to this transfer.
We do not knowingly collect Personal Information from children under the age of 13 through the Services. If you are under 13, please do not give us any Personal Information. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children to never provide Personal Information through the Services without their permission. If you have reason to believe that a child under the age of 13 has provided Personal Information to us, please contact us, and we will endeavor to delete that information from our databases.
The Platform may contain links to third-party websites. Respyre has no control over the privacy practices or the content of any of our business partners, advertisers, sponsors, or other websites to which we provide links. As such, we are not responsible for the content or the privacy policies of those third-party websites. You should check the applicable third-party privacy policy and terms of use when visiting any other websites.
This Privacy Policy is effective as of the date stated at the top of this Privacy Policy. We may change this Privacy Policy from time to time, and will post any changes on the Platform as soon as they go into effect. By accessing the Platform or using the Services after we make any such changes to this Privacy Policy, you are deemed to have accepted such changes. Please refer back to this Privacy Policy on a regular basis.
If you have questions about this Privacy Policy, please contact help@respyre.com.
Welcome to Respyre! The Respyre website and services are provided by Citrus Well, Inc. d/b/a Respyre (“Respyre”, “we” “us” or “our”). These terms and conditions (these “Terms and Conditions”) govern your (“you” or “your”) access to and use of the respyre.com web site (the “Website”) and all services provided by Respyre via the Website including without limitation our monthly product and gift service (collectively, the “Services”). Respyre provides a subscription service for monthly delivery of wellness-related products for yourself or as a gift to others. Access to the Website, use of the Services, and purchase of the Products is subject to these Terms and Conditions and the Respyre Privacy Policy available on the Website.
By using our Website or subscribing to our Services, you indicate your unconditional acceptance of the following Terms and Conditions. Please read them carefully, as they may have changed since your last visit.
Respyre maintains this Website as a service to the user community that visits the Website subject to these Terms and Conditions. You are responsible for obtaining any equipment and Internet service necessary to access our Website and for paying any fees for the equipment and service you select. We may alter, suspend, or discontinue this Website or the Services in whole or in part, at any time and for any reason, without notice. The Website may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons.
Users have a personal, non-transferable, non-exclusive right to access and use the Content of this Website subject to these Terms and Conditions. The term “Content” means all information, text, images, data, links, software, or other material accessible through the Website or Services, whether created by us or provided by another person for display on the Website or through the Services. The Content may contain typographical errors, other inadvertent errors or inaccuracies. We reserve the right to make changes to document names and content, descriptions or specifications of products or services, or other information without obligation to issue any notice of such changes. You may view, copy, download, and print Content that is available on this website or through the Services, subject to the following conditions:
Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Website or any Content displayed on this Website, through the use of framing or otherwise, except: (a) as expressly permitted by these terms of use; or (b) with our prior written permission or the permission of such third party that may own the trademark or copyright of material displayed on this Website.
In order to start your ongoing Respyre monthly subscription, you must register as a member on our Website. To register, you can simply provide information about yourself, your shipping information including your address and billing information, and your valid email address and password to create your login profile. All information that you provide to Respyre, including your credit card information, is subject to Respyre’s Privacy Policy. You are responsible for keeping your registration information up to date through the account page on the Website.
As a registered user of Respyre, you agree to receive emails promoting any special offer(s), including third party offers. We may from time to time send you our monthly newsletter. You may opt-out from receiving special promotions or our newsletter by emailing help@respyre.com or selecting to unsubscribe as may be provided in the applicable e-mail correspondence.
As a subscribed Respyre member, each month we will ship you a package with a different selection of teas (“Products”). Each month of your subscription, the selection of Products may change. Accordingly, Respyre cannot guarantee that a selection available in a particular timeframe will be available in any subsequent timeframe.
BY SUBSCRIBING YOU AGREE TO PAY THE MONTHLY SUBSCRIPTION FEE FOR THE PRODUCTS THAT ARE SUPPLIED EACH MONTH.
The price of the Services and/or goods is payable in full before delivery. We accept the following credit cards at this time: Visa, MasterCard, American Express, or Discover. You will automatically be charged each month for your ongoing subscription. If you have committed to a subscription period lasting longer than one month (e.g., a three month plan, a twelve month plan), you will automatically be charged each month during that subscription period, even if you have cancelled your subscription or membership prior to the end of that subscription period. Further, unless you cancel your subscription or membership prior to the end of your then-current subscription period, at the end of that period, your subscription will automatically be renewed for an additional subscription period of the same amount of time.
For your convenience and continuous subscription benefits as a member, if your payment method reaches its expiration date, you do not edit your credit card information and you have an ongoing subscription, you authorize us to continue billing that credit card on file including extending the expiration date until we are notified by you or the credit card company that the account is no longer valid. We encourage you to constantly update your payment method information or cancel your membership should you wish to discontinue your monthly purchase of Products.
We use a third party payment service in lieu of directly processing your credit card information. By submitting your credit card information, you grant Respyre the right to store and process your information with the third party payment service, which it may change from time to time; you agree that Respyre will not be responsible for any failures of the third party to adequately protect such information. All financial matters regarding your information are subject to the conditions of the third party payment service provider's terms of service; the current version of which is attached as a link at https://stripe.com/us/legal. You acknowledge that we may change the third party payment service and move your information to other service providers that encrypt your information using comparable security technology.
WHEN YOU REGISTER FOR A SUBSCRIPTION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) RESPYRE OR OUR THIRD PARTY PAYMENT PROCESSOR) IS AUTOMATICALLY AUTHORIZED TO CHARGE YOU ON A MONTHLY BASIS FOR YOUR SUBSCRIPTION (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES, AND (B) YOUR SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT OR WE SUSPEND OR STOP PROVIDING ACCESS TO THE SITES OR PRODUCTS IN ACCORDANCE WITH THESE TERMS. YOU ACKNOWLEDGE AND AGREE THAT RESPYRE WILL NOT OBTAIN ANY ADDITIONAL AUTHORIZATION FROM YOU FOR SUCH AUTOMATIC, RECURRING PAYMENTS.
YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW UNTIL YOU CANCEL. YOU MAY CANCEL IN YOUR ACCOUNT SETTINGS OR BY EMAILING US AT HELP@RESPYRE.COM AND FOLLOWING THE INSTRUCTIONS YOU RECEIVE. YOU MAY CANCEL AT ANY TIME, BUT IF YOU CANCEL AFTER THE MONTHLY CUTOFF (6TH DAY OF THE MONTH), YOU WILL STILL RECEIVE, AND BE CHARGED FOR, THE NEXT MONTH’S SHIPMENT. YOU WILL BE RESPONSIBLE FOR ALL CHARGES (INCLUDING ANY APPLICABLE TAXES AND OTHER CHARGES) INCURRED PRIOR TO THE CANCELLATION OF YOUR SUBSCRIPTION.
In the event you cancel your Subscription, please note that we may still send you promotional communications about Respyre, unless you opt out of receiving those communications by following the unsubscribe instructions provided therein.
Unless otherwise indicated at the time of your purchase, shipping and handling fees are included with your order. Shipping dates and/or arrival times are only estimates. For loss/damage claims, you must notify Respyre within seven (7) days of the date of your purchase if you believe all or part of your order is missing or damaged.
Replacement of Products and credits to your account for shipped merchandise claimed as not received are subject to our investigation, which may include postal-service notification. We will adjust your account at our discretion. Repeated claims of undelivered merchandise may result in the cancellation of your membership.
Unfortunately, we cannot allow returns or exchanges given the handmade and perishable nature of our products. We are committed to our customers having an amazing experience, so if something is not correct with your order please let us know at help@respyre.com and we will strive to rectify the situation as soon as possible. Please ensure you notify us within seven (7) days of receipt and we will send you a new item or credit your account. To request a refund, please contact us at help@respyre.com. When returning Products, it is your responsibility to take reasonable care to see that the Products are not damaged in transit and are received by us at our address as displayed on the Website. Respyre is not responsible for any additional shipping costs incurred for returns or exchanges, and we do not assume responsibility for reimbursement or compensation of any returned packages lost in transit without proof of delivery.
We will collect applicable sales tax on Products shipped to the states for which we determine we have a duty to collect sales tax. If an item is subject to sales tax, you agree that the amount of taxes shown at checkout may be adjusted. Several factors may cause this, such as variances between processor programs and changes in tax rates.
You are not permitted to resell or otherwise use the Products for commercial purposes.
IN NO EVENT SHALL RESPYRE OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AFFILIATES BE LIABLE TO ANY USER OF THIS WEBSITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE PRODUCTS OR THE WEBSITE OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. YOU AGREE RESPYRE'S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS AND CONDITIONS, THE WEBSITE, THE CONTENT, OR ANY PRODUCT OR SERVICES WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT YOU PAID TO RESPYRE IN THE THEN-PRIOR CALENDAR MONTH.
By using this Website, our Services, or supplied Products, you agree to indemnify, hold harmless and defend Respyre from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that arises in connection with use of this Website, Services, or Products by you or any other person accessing the Website using your member login account.
ACCURACY: You may use this Website (but not subscribe to our Services) without volunteering personally identifiable information. Please refer to our Privacy Policy for additional information on our practices for handling personally identifiable information. However, if you choose to provide information to register for or participate in a service, event, or promotion on this Website or to use our Services, you agree that you will provide accurate, complete, and up to date information as requested on the screens that collect information from you.
LIABILITY: We are not responsible or liable for the conduct of users or for any views, opinions and statements expressed in Content submitted for public display through our Website, such as through an online discussion forum. We do not prescreen information posted to online discussion forums, if any. With respect to such forums, we are acting as a passive conduit for such distribution and are not responsible for Content. Any opinions, advice, statements, services, offers, or other information in Content expressed or made available by users of an online discussion forum or chat room are those of the respective author(s) or distributor(s) and not of Respyre. We neither endorse nor guarantee the accuracy, completeness, or usefulness of any such Content. You are responsible for ensuring that Content submitted to this Website is not provided in violation of any copyright, trade secret or other intellectual property rights of another person or entity. You shall be solely liable for any damages resulting from any infringement of copyrights, trade secret, or other intellectual property rights, or any other harm resulting from your uploading, posting or submission of Content to this Website.
MONITORING: We have the right, but not the obligation, to monitor Content submitted to our Website through an online discussion forum or chat room, to determine compliance with these Terms and Conditions and any other applicable rules that we may establish. We have the right in our sole discretion to edit or remove any material submitted to or posted in any online discussion forum or chat room provided through this Website. Without limiting the foregoing, we have the right to remove any material that Respyre, in its sole discretion, finds to be in violation of these Terms and Conditions or otherwise objectionable, and you are solely responsible for the Content that you post to this Website.
LOBBYING: Federal law restricts lobbying activities by tax-exempt organizations. “Lobbying” includes certain activities intended to influence legislation. Content posted by users does not constitute lobbying by Respyre, but may constitute lobbying by you or an organization that you represent. You are responsible for complying with any applicable lobbying restrictions.
By accessing our Website, online discussion forum, or other service provided through our Website, you agree to abide by the following standards of conduct. You agree that you will not, and will not authorize or facilitate any attempt by another person to use our Website or any related chat room or online discussion forum to:
Respyre does not claim ownership of any materials you make available through the Website. With respect to any materials you submit or make available for inclusion on the Website, you grant Respyre a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant Respyre the license specified above. You further represent, warrant and covenant that any materials you provide will not contain libelous or otherwise unlawful, abusive or obscene material. Respyre will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you.
Respyre services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use this service only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible for any and all activities, subscribers and purchasers.
Unless otherwise noted, all Content contained on this Website is the property of Respyre and/or its affiliates or licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. Product names are trademarks or registered trademarks of their respective owners.
We do not claim ownership of Content submitted by users without compensation by Respyre and with the expectation that such Content will be made publicly accessible through our Website. By submitting such Content, however, you agree to grant us a world-wide, royalty-free, perpetual, irrevocable, non-exclusive license to use, distribute, reproduce, modify, adapt, create derivative works from, and publicly perform or display such Content. This license shall remain in effect until we delete the Content from our systems.
If you believe that any materials on this Website infringe your copyright, you may request that they be removed. This request must bear a signature of the copyright holder or an authorized representative and must include the following information: (1) identification of the copyrighted work that you believe to be infringed, including a description of the work and, where possible, a copy or the location of an authorized version of the work; (2) identification of the material that you believe to be infringing and its location, including a description of the material, its Website location or other pertinent information that will help us to locate the material; (3) your name, address, telephone number, and email address; (4) a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law; (5) a statement that the information in your claim is accurate; and (6) a statement that “under penalty of perjury,” you declare that you are the lawful copyright owner or are authorized to act on the owner's behalf. Our agent for copyright issues relating to this Website is: Respyre Copyright Agent, P.O. Box 170166 San Francisco, CA 94117.
In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of users of this Website who are repeat infringers.
When you register to participate in Respyre services on this Website, you may be required to establish a login identifier and a password. You are responsible for protecting your login and password from unauthorized use, and you are responsible for all activity that occurs on your account (including without limitation financial obligations). You agree to notify us immediately if you believe that your login or password has been or may be used without your permission so that appropriate action can be taken. We are not responsible for losses or damage caused by your failure to safeguard your login and password.
YOU ARE SOLELY RESPONSIBLE FOR DETERMINING IF THE PRODUCTS ARE SUITABLE FOR YOUR USE. WE ARE NOT ABLE TO PROVIDE ANY ASSURANCES REGARDING ALLERGIES. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING THE PRODUCTS AND THEIR CONTENTS BEFORE HANDLING, PREPARING, USING OR CONSUMING SUCH PRODUCTS. FURTHER, YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT WE MAY STORE, PORTION AND PACKAGE PRODUCTS CONTAINING ALL EIGHT (8) MAJOR U.S. ALLERGENS (MILK, WHEAT, EGG, SOY, FISH, SHELLFISH, PEANUTS AND TREENUTS) AND CANNOT GUARANTEE THAT CROSS-CONTAMINATION WILL NOT OCCUR BETWEEN PRODUCTS. WE ATTEMPT TO DISPLAY THE PRODUCTS AND OTHER MATERIALS AND INFORMATION YOU VIEW ON THE SITES AS ACCURATELY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION AND ARE NOT RESPONSIBLE FOR ANY CLAIMS ARISING OR RESULTING FROM YOUR RELIANCE THEREON. IN THE EVENT OF AN ERROR ON OUR SITES, IN AN ORDER CONFIRMATION, IN PROCESSING OR DELIVERING AN ORDER OR OTHERWISE, WE RESERVE THE RIGHT TO CORRECT SUCH ERROR AND REVISE YOUR ORDER ACCORDINGLY (INCLUDING CHARGING THE CORRECT PRICE) OR TO CANCEL YOUR ORDER AND ISSUE YOU A REFUND. YOU FURTHER AGREE THAT THE PRODUCTS AND OTHER MATERIALS YOU RECEIVE IN YOUR ORDER MAY VARY FROM THE PRODUCTS AND MATERIALS DISPLAYED ON THE SITES DUE TO A NUMBER OF FACTORS, INCLUDING, WITHOUT LIMITATION, SYSTEM CAPABILITIES AND CONSTRAINTS OF YOUR COMPUTER, MANUFACTURING PROCESS OR SUPPLY ISSUES, THE AVAILABILITY AND VARIABILITY OF PRODUCTS. THE SITES MAY CONTAIN INFORMATION ABOUT PRODUCTS THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT ON THE SITES DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION OR AT THE TIME OF YOUR ORDER. EXCEPT AS MAY BE PROVIDED IN A WARRANTY BY THE MANUFACTURER OF A PRODUCT, ALL PRODUCTS AND THE SITES AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. RESPYRE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITES, CONTENT AND PRODUCTS, ANY WARRANTIES THAT ARISE FROM TRADE USAGE OR CUSTOM, AND ANY WARRANTIES THAT THE SITES OR PRODUCTS WILL BE FREE AND CLEAR FROM ANY ADVERSE LIEN OR SECURITY INTERESTS. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this section may not apply to you.
Under no circumstances will we be liable for any loss or damage caused by your use of the Products or your reliance on information in any Content on this Website. YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY ARISING FROM OR RELATING IN ANY WAY TO ANY PRODUCT SHALL BE ITS REPLACEMENT OR A CREDIT TOWARDS ANOTHER MONTHLY SHIPMENT, IN RESPYRE'S DISCRETION. PRODUCTS MAY NOT BE RETURNED AND YOU MUST NOTIFY US BY EMAILING HELP@RESPYRE.COM OF ANY DEFECTIVE PRODUCTS WITHIN SEVEN (7) DAYS OF DELIVERY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
This Website may contain links to third party Websites that are provided to you as a convenience. Any outside Website accessed from our Website is independent from Citrus Well, and we have no control over the content of such Websites. We are not responsible for the content of any linked Website or for any loss or damage incurred in connection with your use such links or dealings with the operators of such third party Websites.
In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Respyre of that third party or of any product or service provided by a third party. Likewise, a link to any third party Website does not imply that we endorse or accept any responsibility for the content or use of such a Website. Respyre does not endorse, warrant or guarantee any product or service offered by any third party through an online discussion forum or chat room accessible through this Website and will not be a party to or in any way monitor any transaction involving any third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you are responsible for exercising appropriate judgment and caution.
We make no representation that information on this Website, or the Products or Services we provide, are appropriate or available for use outside the United States. Those who choose to access this Website from outside the United States do so on their own initiative and at their own risk and are responsible for compliance with applicable local laws.
We may terminate any user's monthly subscription or access to our Website or Services, including access to any online discussion forum or chat room, in our sole discretion, for any reason and at any time, with or without prior notice. It is our policy to terminate users who violate these terms and conditions, as deemed appropriate in our sole discretion. You agree that we are not liable to you or any third party for any termination of your access to our Website or Services.
These Terms and Conditions shall be governed and interpreted pursuant to the laws of the State of California, United States of America, notwithstanding any principles of conflicts of law.
All disputes arising out of or relating to these Terms and Conditions shall be finally resolved by arbitration conducted in the English language in San Francisco, CA, U.S.A. under the commercial arbitration rules of the American Arbitration Association. The parties shall appoint as sole arbitrator a retired judge who presided in the State of California. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys' fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding the foregoing, we shall be entitled to seek injunctive relief, security, or other equitable remedies from federal and state courts located in the State of California or any other court of competent jurisdiction. Under no circumstances shall the arbitrator be authorized to award punitive damages, including but not limited to federal or state statutes permitting multiple or punitive damage awards. Any purported award of punitive or multiple damages shall be beyond the arbitrator's authority, void, and unenforceable. BY AGREEING TO THESE TERMS OF SERVICE, YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO HAVE A COURT HEAR CLAIM ARISING IN CONNECTION WITH THIS AGREEMENT, AMONG OTHER WAIVERS OF RIGHTS SET FORTH IN THIS AGREEMENT.
To the extent you are located in the United States, if any provisions of this Agreement are not permitted by applicable law or regulation, those provisions shall be of no force or effect as between you and Respyre. If any part of these Terms and Conditions is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions as between you and Respyre.
These Terms and Conditions constitute the entire agreement between the parties relating to the subject matter herein. We may, at our sole discretion and without notice, revise these terms at any time by updating this posting.
If you have any questions about these Terms and Conditions, please contact help@respyre.com.
Copyright © 2018, Citrus Well, LLC. All Rights Reserved.