Welcome to the RxART website (Site). Please review the following basic terms that govern your use of, and purchase of, products from our Site. Please note that your use of our Site constitutes your agreement to follow and be bound by those terms (the “Agreement”). We may, from time to time, change the terms that govern your use of our Site. Your use of our 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, our Site from time to time.
Most of RxART’s products displayed at the Site are available in select stores in the United States and select foreign markets while supplies last. In some cases, merchandise displayed for sale at the Site may not be available in stores. The prices displayed at the Site are quoted in U.S. Dollars and are valid and effective only in the United States.
Purchased items will be shipped within 7 business days of the order, although most will be within 3 to 4. Please allow up to 2 weeks for delivery to arrive. If you still have not received your purchase after 3 weeks, please notify email@example.com.
PRICES, SHIPPING & HANDLING CHARGES
All prices include charges for shipping and handling or taxes, if delivered to customers within the United States. For customers outside the United States, additional charges may apply. Please firstname.lastname@example.org if this is the case.
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.
All sales are final. Damaged merchandise will be either replaced or refunded within 30 days. However, we require that customers notify RxART (email@example.com) of any problems with merchandise within 48 hours of receipt. Items must be in their original packaging, in as-new condition with both the packing slip and the printed receipts. All refunds will be refunded to the credit card used at the time of purchase. Refunds will not be issued for any damaged product after the 30 days.
We have made every effort to display colors as accurately as possible of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of this Site (collectively, the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by RxART collectively, and its subsidiaries and/or affiliates. 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 RxART.
The Contents of our Site, and the Site as a whole, are intended solely for personal, noncommercial (other than for the purchase of merchandise from our site) use by the users of our Site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only, unless otherwise noted. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), 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.
USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS
All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to RxART on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, “Comments”) shall be and remain RxART’s property. Such disclosure, submission or offer of any Comments shall constitute an assignment to RxART of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, RxART will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. RxART is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.
You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.
You agree that RxART may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity. By participating in Site sweepstakes, contests, promotions, and/or requesting promotional information or product updates, you agree that RxART may use your information for marketing and promotional purposes.
RXART COMMUNICATIONS TO YOU
You agree that RxART may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of RxART’s products or services, or for such other purpose(s) as RxART deems appropriate.
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 PEGLEG NYC SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.
From time to time there may be information on RxART.net that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you.
You agree to defend, indemnify and hold RxART harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site.
Unless otherwise specified and except to the extent RxART products are offered for sale in the United States through this Site, this Site and the Contents thereof are displayed solely for the purpose of promoting RxART’s products and services available in the United States and select foreign markets. This Site is controlled and operated by RxART from its offices in New York, New York.
This Agreement shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts of the State of New York, New York County.
This Agreement is effective unless and until terminated by either you or RxART. You may terminate this Agreement at any time. RxART also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in RxART’s sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or RxART, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.