Welcome to the reese-cooper.com website (hereafter referred to as the Site”) which is operated by or for REESE COOPER®, its affiliates or related companies, referred to collectively as REESE COOPER®.
We may from time to time change the terms that govern your use of the Site. Your use of the Site following any such change constitutes your agreement to follow and be bound by the terms as changed. We may change, move or delete portions of, or may add to, the Site from time to time, for any reason, with or without notice.
In order to access certain features of REESE COOPER® you may be required to become a Registered User. For purposes of the Terms, a “Registered User” is a User who has registered an account on the Website (“Account”).
In registering an account on the Website, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (1) at least thirteen (13) years old; (2) of legal age to form a binding contract; and (3) not a person barred from using REESE COOPER® under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of REESE COOPER® by minors. You may not share your Account or password with anyone, and you agree to (1) notify REESE COOPER® immediately of any unauthorized use of your password or any other breach of security; and (2) exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or REESE COOPER® has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete,REESE COOPER® has the right to suspend or terminate your Account and refuse any and all current or future use of REESE COOPER® (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account per platform at any given time. REESE COOPER® reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use REESE COOPER® if you have been previously removed by REESE COOPER®, or if you have been previously banned from any of REESE COOPER®.
Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of REESE COOPER®.
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, music, and written and other materials that appear as part of this Site (collectively, the “Contents”) are copyrights, trademarks, trade dress and/or other forms of intellectual property owned, controlled and/or used under license or with other legal authority by REESE COOPER®. The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by REESE COOPER®. The Contents of the Site, and the Site as a whole, are intended solely for personal, non-commercial (other than for the purchase of merchandise from the Site) use by the users of the Site. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.
THE USE OF ANY ROBOT, SPIDER, OR OTHER AUTOMATIC DEVICE OR SOFTWARE IN CONNECTION WITH THE SERVICES IS STRICTLY PROHIBITED. IN THE EVENT WE REASONABLY DETERMINE THAT ANY ORDER OR ATTEMPTED ORDER WAS MADE BY OR THROUGH USE OF ANY ROBOT OR OTHER AUTOMATIC DEVICE OR SOFTWARE, WE HAVE THE RIGHT, IN OUR SOLE AND ABSOLUTE DISCRETION, TO DENY OR CANCEL ANY SUCH ORDER, TO REFUSE TO ACCEPT ANY RETURNS OR OFFER REFUNDS, AND/OR TO CHARGE RESTOCKING FEES.
You agree to pay all fees or charges to your Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. You must provide a valid credit card (Visa, MasterCard, or any other issuer accepted by us) or any other approved account such as PayPal, APPLE PAY, Klarna, or any other (“Approved Payment Method”) supported by our Shopify, our third-party payment provider(“Payment Provider”) in order to purchase products and to use certain Services.
Your credit card provider agreement governs your use of the designated credit card or Approved Payment Method and the terms and conditions on the website of the Payment Provider governs your use of its website, and you must refer to the respective agreement or terms and conditions, and not the Terms, to determine your rights and liabilities. By providing to Shopify, on behalf of REESE COOPER®, with your credit card number or other Approved Payment Method and associated payment information, you agree that REESE COOPER® is authorized to immediately invoice your Account for all fees and charges due and payable to REESE COOPER® hereunder and that no additional notice or consent is required. You agree to immediately notify REESE COOPER® of any change in your billing address or the credit card or Approved Payment Method used for payment hereunder. REESE COOPER® reserves the right at any time to change its prices and billing methods, either immediately upon posting on REESE COOPER® Properties or by e-mail delivery to you.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
CORRECTION OF ERRORS AND INACCURACIES
The information on the Site may contain typographical errors or inaccuracies and may not be complete or current. REESE COOPER® therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time with or without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing, product availability or otherwise. We apologize for any inconvenience this may cause. If you are not fully satisfied with your purchase you may return it in its original condition, with the original packing receipt within 10 days of the order date, subject to compliance with all other terms and conditions of the REESE COOPER®
Although availability may be indicated on the Site, we cannot guarantee product availability and products, nonetheless, may not be available for immediate delivery. We reserve the right, without liability or prior notice, to revise, discontinue, or cease to make available any or all products or to cancel any order. If there is any revision, discontinuance, or cessation, we may, in our discretion, ship products which have substantially similar functionality and specifications to the products ordered or cancel your order.
We have made efforts to display accurately the colors of products that appear on the Site. However, as the actual colors you see will depend on your monitor and/or other technological circumstance, we cannot and do not guarantee that your monitor’s display of any color will be accurate.
RETURNS AND REFUNDS
If for any reason you are not satisfied with a purchase you make on the Website, please return or exchange it in accordance with the terms of our RETURN POLICY or limited warranty, as applicable.
THIRD PARTY PROVIDER
REESE COOPER® will use commercially reasonable efforts to meet any shipment schedules set forth on the Site. However, any shipment date or forecast provided by REESE COOPER® is only an estimate of the time required to make shipment. Unless otherwise agreed to by REESE COOPER®, all items will be shipped by REESE COOPER®, or its designated representative, in the REESE COOPER® standard packaging using a delivery service specified by REESE COOPER®. For additional information about shipping, please see our SHIPPING POLICY.
REESE COOPER COMMUNICATIONS TO YOU
To the extent that the Site contains links to outside services and resources, the availability and content of which REESE COOPER does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource.
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT NEITHER REESE COOPER® NOR ANY OF ITS AFFILIATES, OWNERS, AGENTS, OFFICERS, DIRECTORS, OR EMPLOYEES SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SITE.
You agree to defend, indemnify and hold harmless REESE COOPER® and/or any of its affiliates, owners, officers, directors, employees and/or agents from and against any and all claims, damages, costs and expenses, including attorney’s fees, arising from or related to your use of the Site.
This Agreement shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. You agree to bring any dispute arising under this Agreement exclusively in the State and Federal courts of the State of California in Los Angeles County.
This Agreement is effective unless and until terminated by REESE COOPER®. REESE COOPER® may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in the sole discretion of REESE COOPER® you fail to comply with any term or provision of this Agreement, or if REESE COOPER® for any reason otherwise so decides to terminate. Upon any termination of this Agreement, you must promptly destroy all materials downloaded or otherwise obtained from the Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.
REESE COOPER® takes fraud prevention very serious and will continually work to protect the security of our card-carrying customers. We reserve the right to flag any online order for fraud prevention purposes. This may cause delays in processing. Customers are encouraged to provide accurate contact information and customer service representatives will make any correspondence attempts to the contact information provided. Customers submitting orders with varying information may be subject to such delays in processing. Flagged orders may be held from processing to await explanation regarding the variance between the billing and shipping information provided. First-time orders from new customers at above-average dollar amounts may only be authorized to ship to the billing address provided. Orders submitted using unsupported credit card information (often international) may be asked to confirm authorization by submitting a government-issued identification card that matches the information on file with the bank for the credit card holder. International customers who elect to ship to freight forwarding/drop shipping companies may have their orders cancelled at managerial discretion.
You hereby release REESE COOPER® Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of REESE COOPER®, including but not limited to, any interactions with or conduct of other Users or third-party websites of any kind arising in connection with or as a result of the Terms or your use of REESE COOPER®. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor. The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by a REESE COOPER® Party or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website or any Services provided hereunder.
The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without REESE COOPER® prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
REESE COOPER® shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials. If a Force Majeure event occurs that affects REESE COOPER® performance of its obligations under these Terms: (a) REESE COOPER® will contact you as soon as reasonably possible to notify you; and (b) REESE COOPER® obligations under these Terms will be suspended and the time for REESE COOPER® performance of its obligations will be extended for the duration of the Force Majeure event. You may cancel the Services affected by a Force Majeure event which has continued for more than 30 days. To cancel please contact REESE COOPER®.
QUESTIONS, COMPLAINTS, CLAIMS
If you have any questions, complaints or claims with respect to REESE COOPER®, please contact us at: firstname.lastname@example.org. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
YOU AND REESE COOPER AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS, REESE COOPER OR THE CONTENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and REESE COOPER agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in Los Angeles County, California.
GOVERNING LAW AND JURISDICTION
THE TERMS AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF CALIFORNIA, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION.
CHOICE OF LANGUAGE
It is the express wish of the parties that the Terms and all related documents have been drawn up in English. These Terms, and any contract between us, are only in the English language.
Where REESE COOPER® requires that you provide an e-mail address, you are responsible for providing REESE COOPER® with your most current e-mail address. In the event that the last e-mail address you provided to REESE COOPER® is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, REESE COOPER® dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to REESE COOPER® at the following address: 656 S Los Angeles Street Suite 1400, Los Angeles CA 90014. Such notice shall be deemed given when received by REESE COOPER® by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
You may not use, export, import, or transfer REESE COOPER® except as authorized by U.S. law, the laws of the jurisdiction in which you obtained REESE COOPER®, and any other applicable laws. In particular, but without limitation, REESE COOPER® may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using REESE COOPER®, you represent and warrant that (i) you are not located in a country that is subject to a 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. You also will not use REESE COOPER® for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by REESE COOPER® are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer REESE COOPER® products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.