Terms of Use

Conditions of browsing, using, interacting, and shopping on raypadula.com

Terms of Use

Conditions of browsing, using, interacting, and shopping on raypadula.com

Terms of Use

Conditions of browsing, using, interacting, and shopping on raypadula.com

Overview & Introduction

Overview & Introduction

Welcome to the website of Ray Padula Holdings, LLC (herein referred to as "Company," "we", or "us"). The following Terms and Conditions govern your access to and use of raypadula.com, and any company owned and operated website properties (the "Website", or "Site"), including content, functionality and services offered on or through raypadula.com, whether as a guest or a registered user. Please read these Terms of Use prior to accessing and visiting this website. By accessing and using the Ray Padula website, you are agreeing to be bound by these Terms of Use, including our Privacy Policy (found here). This Website is offered and available to users who are 13 years of age or older, and reside in the United States or any of its territories or possessions. By using this Website, you represent that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, or agree to these Terms of Use, please do not access or use this website.

Overview & Introduction

Welcome to the website of Ray Padula Holdings, LLC (herein referred to as "Company," "we", or "us"). The following Terms and Conditions govern your access to and use of raypadula.com, and any company owned and operated website properties (the "Website", or "Site"), including content, functionality and services offered on or through raypadula.com, whether as a guest or a registered user. Please read these Terms of Use prior to accessing and visiting this website. By accessing and using the Ray Padula website, you are agreeing to be bound by these Terms of Use, including our Privacy Policy (found here). This Website is offered and available to users who are 13 years of age or older, and reside in the United States or any of its territories or possessions. By using this Website, you represent that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, or agree to these Terms of Use, please do not access or use this website.

Your Use of the Site

Your Use of the Site

Your use of the Site constitutes your acceptance of the Terms. By accepting the Terms through your use of the Site, you certify that you are either (1) 18 years of age or older or (2) you are at least 13 years of age and are using the Site under the supervision of a parent or legal guardian who has agreed to be bound by these Terms on your behalf. If you are under the age of 13, you are not permitted to use the Site. If you are a parent or legal guardian who has agreed to be bound by these Terms on behalf of a child between the ages of 13 and 18, you agree to be fully responsible for such child's use of the Site, including all financial charges and legal liability that such child may incur.If we determine that a child under the age of 13 has provided personal information to the Site, we will delete that information as soon as practical. If you become aware that such information has been provided by a child under the age of 13, please contact us by emailing support@raypadula.com

By visiting and using this Website, you agree that you will not do any of the following:

1. Restrict or inhibit any other visitor from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site.

2. Use the Website or content on or from the Website for any unlawful purpose.

3. Express or imply that any statement you make is endorsed by Ray Padula Holdings, or its subsidiary, parent, partner, or affiliate companies.

4. Submit data or information to or otherwise transmit material through the Site that is (1) copyrighted, protected by trade secret or otherwise subject to third-party proprietary or intellectual property rights, including privacy and publicity rights, unless you are the lawful owner of such rights or have permission from the rightful owner to submit or transmit such data or information; (2) is unlawful, obscene, defamatory, libelous, threatening, fraudulent, abusive, pornographic, harassing or encourages conduct that would be considered a criminal offense, or does or would give rise to civil liability or violate any law, rule or regulation, or is otherwise objectionable, or infringes Ray Padula or any third party's intellectual property rights or other rights; (3) is intended to victimize, harass, degrade or intimidate an individual or group of individuals on the basis of age, disability, ethnicity, gender, race, religion or sexual orientation; or (4) is non-public information about a company or individual without the express written authorization to do so.

5. Engage in spamming, flooding, phishing or other activity intended to gather information unlawfully.

6. Transmit any software or other materials that contain any harmful or malicious code, including without limitation viruses, worms, time bombs, date bombs, trojan horses and defects.

7. Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site.

8. Remove any copyright, trademark or other notices of proprietary rights contained on the Site.

9. "Frame" or "mirror" any part of the Site without Ray Padula Holdings’ prior written authorization.

10. Use any robot, spider, site search / retrieval application or other manual or automatic device or process to retrieve, index, data mine or in any way reproduce or circumvent the navigational structure, or presentation of the Site or its contents.

11. Harvest or collect information about Site visitors.

12. Take any action that imposes an unreasonable or disproportionately large load on Ray Padula’s infrastructure.

13. Use the Site for any reseller activities. Reseller activities include (1) purchasing products for the purpose of reselling those products through any channel to downstream customers and (2) extracting, scraping, mining, copying or otherwise gathering information from the Site in connection with your sale or another party’s sale of products (whether purchased from Ray Padula or another seller) through any channel to downstream customers. Purchasing a product that will be used or consumed as part of a home improvement or construction project performed for another person does not constitute a reseller activity.

Your Use of the Site

Your use of the Site constitutes your acceptance of the Terms. By accepting the Terms through your use of the Site, you certify that you are either (1) 18 years of age or older or (2) you are at least 13 years of age and are using the Site under the supervision of a parent or legal guardian who has agreed to be bound by these Terms on your behalf. If you are under the age of 13, you are not permitted to use the Site. If you are a parent or legal guardian who has agreed to be bound by these Terms on behalf of a child between the ages of 13 and 18, you agree to be fully responsible for such child's use of the Site, including all financial charges and legal liability that such child may incur.If we determine that a child under the age of 13 has provided personal information to the Site, we will delete that information as soon as practical. If you become aware that such information has been provided by a child under the age of 13, please contact us by emailing support@raypadula.com

By visiting and using this Website, you agree that you will not do any of the following:

1. Restrict or inhibit any other visitor from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site.

2. Use the Website or content on or from the Website for any unlawful purpose.

3. Express or imply that any statement you make is endorsed by Ray Padula Holdings, or its subsidiary, parent, partner, or affiliate companies.

4. Submit data or information to or otherwise transmit material through the Site that is (1) copyrighted, protected by trade secret or otherwise subject to third-party proprietary or intellectual property rights, including privacy and publicity rights, unless you are the lawful owner of such rights or have permission from the rightful owner to submit or transmit such data or information; (2) is unlawful, obscene, defamatory, libelous, threatening, fraudulent, abusive, pornographic, harassing or encourages conduct that would be considered a criminal offense, or does or would give rise to civil liability or violate any law, rule or regulation, or is otherwise objectionable, or infringes Ray Padula or any third party's intellectual property rights or other rights; (3) is intended to victimize, harass, degrade or intimidate an individual or group of individuals on the basis of age, disability, ethnicity, gender, race, religion or sexual orientation; or (4) is non-public information about a company or individual without the express written authorization to do so.

5. Engage in spamming, flooding, phishing or other activity intended to gather information unlawfully.

6. Transmit any software or other materials that contain any harmful or malicious code, including without limitation viruses, worms, time bombs, date bombs, trojan horses and defects.

7. Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site.

8. Remove any copyright, trademark or other notices of proprietary rights contained on the Site.

9. "Frame" or "mirror" any part of the Site without Ray Padula Holdings’ prior written authorization.

10. Use any robot, spider, site search / retrieval application or other manual or automatic device or process to retrieve, index, data mine or in any way reproduce or circumvent the navigational structure, or presentation of the Site or its contents.

11. Harvest or collect information about Site visitors.

12. Take any action that imposes an unreasonable or disproportionately large load on Ray Padula’s infrastructure.

13. Use the Site for any reseller activities. Reseller activities include (1) purchasing products for the purpose of reselling those products through any channel to downstream customers and (2) extracting, scraping, mining, copying or otherwise gathering information from the Site in connection with your sale or another party’s sale of products (whether purchased from Ray Padula or another seller) through any channel to downstream customers. Purchasing a product that will be used or consumed as part of a home improvement or construction project performed for another person does not constitute a reseller activity.

Permitted Uses and Limited License

Permitted Uses and Limited License

You are granted a limited, non-exclusive, revocable and non-transferable license to utilize and access the Website pursuant to these Terms of Use. We may change, suspend, or discontinue any aspect of this Website at any time, with or without notice. We may also, without notice or liability, impose limits on certain features and services or restrict or deny your access to all or portions of the Website. You shall have no rights to the proprietary software and related documentation, if any, provided to you in order to access the Website. Except as expressly provided within these Terms of Use, you shall have no right to directly or indirectly own, use, loan, sell, rent, lease, license, assign, copy, modify, translate, improve, adapt, or create any new or derivative works from, or display, distribute or in any way exploit this Website, or any of its contents, in whole or part. You are only authorized to visit, view, retail a copy of the pages on the Website for your own personal use. You agree that you shall not duplicate, download, publish, modify or otherwise distribute the material on the Website for any purpose other than for personal use, unless otherwise authorized specifically by us to do so. You also agree not to deep-link to the Website for any commercial purpose, unless specifically authorized by us to do so. You may not use this Website for any commercial purpose, such as to offer sales of merchandise or services, whether by advertising, solicitations, links, or any other form of communication, without prior written authorization by us.

Permitted Uses and Limited License

You are granted a limited, non-exclusive, revocable and non-transferable license to utilize and access the Website pursuant to these Terms of Use. We may change, suspend, or discontinue any aspect of this Website at any time, with or without notice. We may also, without notice or liability, impose limits on certain features and services or restrict or deny your access to all or portions of the Website. You shall have no rights to the proprietary software and related documentation, if any, provided to you in order to access the Website. Except as expressly provided within these Terms of Use, you shall have no right to directly or indirectly own, use, loan, sell, rent, lease, license, assign, copy, modify, translate, improve, adapt, or create any new or derivative works from, or display, distribute or in any way exploit this Website, or any of its contents, in whole or part. You are only authorized to visit, view, retail a copy of the pages on the Website for your own personal use. You agree that you shall not duplicate, download, publish, modify or otherwise distribute the material on the Website for any purpose other than for personal use, unless otherwise authorized specifically by us to do so. You also agree not to deep-link to the Website for any commercial purpose, unless specifically authorized by us to do so. You may not use this Website for any commercial purpose, such as to offer sales of merchandise or services, whether by advertising, solicitations, links, or any other form of communication, without prior written authorization by us.

Accuracy and Integrity of Information

Accuracy and Integrity of Information

We attempt to ensure the integrity and accurateness of this Website, however we may no representation, warranties, or guarantees whatsoever as to the correctness or accuracy of the Website and its content therein. It is possible that the Website could include typographical errors, inaccuracies, or other errors, and that unauthorized additions, deletions, and alterations could be made to the Website by third parties. In the event that an inaccuracy arises, please inform us to that it can be corrected. Information contained on the Website may be changed or updated without notice. Additionally, we shall have no responsibility or liability for information or content posted to the Website from any non-related third party. We have made significant efforts to accurately display the colors and product features of our products as close as possible to actual units. However, as the actual colors you will see depend on your viewing screen, we cannot guarantee that the viewing of our products may be accurate on this site.

Accuracy and Integrity of Information

We attempt to ensure the integrity and accurateness of this Website, however we may no representation, warranties, or guarantees whatsoever as to the correctness or accuracy of the Website and its content therein. It is possible that the Website could include typographical errors, inaccuracies, or other errors, and that unauthorized additions, deletions, and alterations could be made to the Website by third parties. In the event that an inaccuracy arises, please inform us to that it can be corrected. Information contained on the Website may be changed or updated without notice. Additionally, we shall have no responsibility or liability for information or content posted to the Website from any non-related third party. We have made significant efforts to accurately display the colors and product features of our products as close as possible to actual units. However, as the actual colors you will see depend on your viewing screen, we cannot guarantee that the viewing of our products may be accurate on this site.We collect this information (1) directly from you when you provide it to us, (2) automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons and other tracking technologies, (3) from third parties, for example, our business partners.

Accessing the Website and Account Security

Accessing the Website and Account Security

We reserve the right to withdraw, edit, and amend any and all parts of this Website, as well as any services or materials we provide in our sole discretion without notice. We will not be held liable if for any reason all or any part of the website is unavailable to you at any time for any period, for any reason. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, visitors, including registered users. You are responsible for making all arrangements necessary for you to have access to this Website, and ensure that all persons who access the Website through your internet connection are aware of the Terms of Use herein and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website are correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy (noted here), and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat all information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Accessing the Website and Account Security

We reserve the right to withdraw, edit, and amend any and all parts of this Website, as well as any services or materials we provide in our sole discretion without notice. We will not be held liable if for any reason all or any part of the website is unavailable to you at any time for any period, for any reason. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, visitors, including registered users. You are responsible for making all arrangements necessary for you to have access to this Website, and ensure that all persons who access the Website through your internet connection are aware of the Terms of Use herein and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website are correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy (noted here), and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat all information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Accuracy and Reliance on Information Posted

Accuracy and Reliance on Information Posted

As you navigate through and interact with the Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, including (1) details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website, (2) Information about your computer and internet connection, including your IP address, operating system, and browser type. The information we collect automatically may include personal information, or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our website, and deliver a more personalized experience, enabling us to: (a) estimate our audience size and usage patterns, (b) store information about your preferences, allowing us to customize content to your individual interests, (c) speed up your searches, (d) recognize you when you return to our Website.

Technologies used for this automatic data collection may include: (1) cookies (or browser cookies). A cookie is a small file placed on the hard drive of a computer. You may refuse to accept browser cookies by activating the appropriate setting on your specific browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website. (2) Flash cookies. Certain features of our Website may use local stored objects (or Flash Cookies) to collect and store information about your preferences and navigation to, from, and on our Website. (3) Web Beacons. Pages of our Website may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count the number of users who have visited certain pages and for other related website use statistics.

Accuracy and Reliance on Information Posted

As you navigate through and interact with the Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, including (1) details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website, (2) Information about your computer and internet connection, including your IP address, operating system, and browser type. The information we collect automatically may include personal information, or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our website, and deliver a more personalized experience, enabling us to: (a) estimate our audience size and usage patterns, (b) store information about your preferences, allowing us to customize content to your individual interests, (c) speed up your searches, (d) recognize you when you return to our Website.

Technologies used for this automatic data collection may include: (1) cookies (or browser cookies). A cookie is a small file placed on the hard drive of a computer. You may refuse to accept browser cookies by activating the appropriate setting on your specific browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website. (2) Flash cookies. Certain features of our Website may use local stored objects (or Flash Cookies) to collect and store information about your preferences and navigation to, from, and on our Website. (3) Web Beacons. Pages of our Website may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count the number of users who have visited certain pages and for other related website use statistics.

Typographical Errors and Incorrect Pricing

Typographical Errors and Incorrect Pricing

In the event a product is listed at an incorrect price due to a typographical error or an error in pricing information in our systems, we shall have the right to refuse or cancel any orders placed for product or service listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is cancelled, we shall immediately issue a credit to your credit or debit card account in the amount of the incorrect price.

Typographical Errors and Incorrect Pricing

In the event a product is listed at an incorrect price due to a typographical error or an error in pricing information in our systems, we shall have the right to refuse or cancel any orders placed for product or service listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is cancelled, we shall immediately issue a credit to your credit or debit card account in the amount of the incorrect price.

Intellectual Property (Copyrights, Trademarks, and Patents)

Intellectual Property (Copyrights, Trademarks, and Patents)

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and International copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website except as follows:

(1) You may store files that are automatically cached by your Web Browser for display enhancement purposes, (2) Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials, (3) You may print or download one copy of a reasonable number of pages from the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution, (4) If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

You must not:(1) Modify copies of materials from this site, (2) Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text, (3) Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this side.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

All trademarks, service marks, and trade names of Ray Padula used in the Website, including, but not limited to the Ray Padula name and brand logo, are all trademarks or registered trademarks of Company.

Intellectual Property (Copyrights, Trademarks, and Patents)

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and International copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website except as follows:

(1) You may store files that are automatically cached by your Web Browser for display enhancement purposes, (2) Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials, (3) You may print or download one copy of a reasonable number of pages from the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution, (4) If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

You must not:(1) Modify copies of materials from this site, (2) Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text, (3) Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this side.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

All trademarks, service marks, and trade names of Ray Padula used in the Website, including, but not limited to the Ray Padula name and brand logo, are all trademarks or registered trademarks of Company.

Prohibited Uses

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

(1) In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries), (2) For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise, (3) To transmit, or procure the sending of, any advertising or promotional material, including any junk mail, chain letters, or spam, or any other similar solicitations, (4) To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing), (5) To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined solely by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you also agree not to (1) use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website, (2) use any robot, spider, or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website, (3) Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent, (4) Use any devise, software or routine that interferes with the proper working of the Website, (5) Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful, (6) Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server(s) on which the Website is stored, or any server, computer, or database that is, or may be connected to the Website.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

(1) In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries), (2) For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise, (3) To transmit, or procure the sending of, any advertising or promotional material, including any junk mail, chain letters, or spam, or any other similar solicitations, (4) To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing), (5) To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined solely by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you also agree not to (1) use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website, (2) use any robot, spider, or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website, (3) Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent, (4) Use any devise, software or routine that interferes with the proper working of the Website, (5) Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful, (6) Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server(s) on which the Website is stored, or any server, computer, or database that is, or may be connected to the Website.

User Generated Content and Contributions

User Generated Content and Contributions

The Website may contain message boards, personal web pages for profiles, chat rooms, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website.

All User Contributions must comply with the Content Standards set out in the Terms of Use.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates, service providers, partners, and each of their and our licensees, successors and assign the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material.

User Generated Content and Contributions

The Website may contain message boards, personal web pages for profiles, chat rooms, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website.

All User Contributions must comply with the Content Standards set out in the Terms of Use.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates, service providers, partners, and each of their and our licensees, successors and assign the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material.

Content Standards

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not (1) Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable, (2) Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, sexual orientation, disability, or age, (3) Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person, (4) Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use, and our Privacy Policy, (5) Be likely to deceive any person, (6) Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person, (7) Promote illegal activity, or advocate, promote or assist in any unlawful act, (8) Impersonate any person, or misrepresent your identity or affiliation with any person or organization, (9) Involve criminal activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising, (10) give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not (1) Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable, (2) Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, sexual orientation, disability, or age, (3) Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person, (4) Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use, and our Privacy Policy, (5) Be likely to deceive any person, (6) Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person, (7) Promote illegal activity, or advocate, promote or assist in any unlawful act, (8) Impersonate any person, or misrepresent your identity or affiliation with any person or organization, (9) Involve criminal activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising, (10) give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Monitoring, Enforcement, and Termination

Monitoring, Enforcement, and Termination

We have the right to: (1) remove or refuse to post any User Contribution for any or no reason in our absolute sole discretion, (2) Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create a liability for the Company, (3) Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy, (4) Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website, (5) Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.

Monitoring, Enforcement, and Termination

We have the right to: (1) remove or refuse to post any User Contribution for any or no reason in our absolute sole discretion, (2) Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create a liability for the Company, (3) Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy, (4) Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website, (5) Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.

Changes to this Website

Changes to this Website

We strive to keep this Website as complete and up-to-date as possible. This means we may update the content on the Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website, including product specifications, may be out-of-date at any given time, and we are under no obligation to update any such material.

Changes to this Website

We strive to keep this Website as complete and up-to-date as possible. This means we may update the content on the Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website, including product specifications, may be out-of-date at any given time, and we are under no obligation to update any such material.

Personal Information

Personal Information

All information we collect on this Website is subject to our Privacy Policy (found here). By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Personal Information

All information we collect on this Website is subject to our Privacy Policy (found here). By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Online Purchases and Other Terms and Conditions

Online Purchases and Other Terms and Conditions

While we always use our best efforts to fulfill all orders, the Company cannot guarantee the availability of any particular product displayed on this Website. The company reserves the right to discontinue the sale of any product listed on the Website at any time without any prior notice.

The prices displayed on this Website are in US dollars and are valid and effective only within the United States, and such prices do not include shipping, handling, sales taxes, if application, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order.

While our goal is always a 100% error free Website, we do not guarantee that any content is accurate or complete, including price information and product specifications. If we discover pricing errors, they will be corrected in our systems, and the corrected price will apply to your order. The Company reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions, including after an order has been submitted and accepted.

Online Purchases and Other Terms and Conditions

While we always use our best efforts to fulfill all orders, the Company cannot guarantee the availability of any particular product displayed on this Website. The company reserves the right to discontinue the sale of any product listed on the Website at any time without any prior notice.

The prices displayed on this Website are in US dollars and are valid and effective only within the United States, and such prices do not include shipping, handling, sales taxes, if application, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order.

While our goal is always a 100% error free Website, we do not guarantee that any content is accurate or complete, including price information and product specifications. If we discover pricing errors, they will be corrected in our systems, and the corrected price will apply to your order. The Company reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions, including after an order has been submitted and accepted.

Linking and Social Media

Linking and Social Media

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way to suggest any form of association, approval or endorsement on our part without prior express written consent.

This Website may provide certain social media features that enable you to: (1) Link from you own or certain third-party websites to certain content on the Website, (2) Send emails or other communications with certain content, or links to certain content, on this Website, (3) Cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided to us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not: (1) establish a link from any website that is not owned by you, (2) Cause the website, or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking, or in-line linking on any other site, (3) Link to any part of the Website other than the homepage, (4) Otherwise take any action with respect to the materials on the Website that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable any or all social media features and any links at any time at our sole discretion without prior notice.

Linking and Social Media

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way to suggest any form of association, approval or endorsement on our part without prior express written consent.

This Website may provide certain social media features that enable you to: (1) Link from you own or certain third-party websites to certain content on the Website, (2) Send emails or other communications with certain content, or links to certain content, on this Website, (3) Cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided to us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not: (1) establish a link from any website that is not owned by you, (2) Cause the website, or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking, or in-line linking on any other site, (3) Link to any part of the Website other than the homepage, (4) Otherwise take any action with respect to the materials on the Website that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable any or all social media features and any links at any time at our sole discretion without prior notice.

Placing an Order on the Website

Placing an Order on the Website

All billing and registration information provided by you must be accurate, complete and correct. Submitting inaccurate, incomplete or incorrect information constitutes a breach of the Terms. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the items, products and / or services that you have requested.

Ray Padula and its affiliates and subsidiaries reserve the right, at their sole discretion, to refuse service and to terminate accounts if Ray Padula believes in its sole discretion that customer conduct violates applicable law or the Terms, or is harmful to the interests of Ray Padula Holdings, its subsidiaries, or its affiliates, or for any other reason. .

Ray Padula Holdings and its affiliates and subsidiaries reserve the right to limit the quantity of items purchased per person, per account, per household and per order as determined in their sole discretion. These restrictions may be applied to the same account, same credit card and / or the same billing and / or shipping address. .

Receiving an order acknowledgement via email does not guarantee the acceptance of an order. .

All items and products purchased through the Site are made pursuant to a shipment contract. The risk of loss and title for such titles pass to you upon Ray Padula delivery of the items or products to the carrier. .

If you wish to purchase products or services described on the Site, you will be asked to supply certain information applicable to your purchase, including, without limitation, credit card and other information. Your Account will provide you a location to store your information and allow you to make a future purchase without re-entering information. You agree to pay all charges incurred by you and any users of your account and your credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases.

Placing an Order on the Website

All billing and registration information provided by you must be accurate, complete and correct. Submitting inaccurate, incomplete or incorrect information constitutes a breach of the Terms. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the items, products and / or services that you have requested.

Ray Padula and its affiliates and subsidiaries reserve the right, at their sole discretion, to refuse service and to terminate accounts if Ray Padula believes in its sole discretion that customer conduct violates applicable law or the Terms, or is harmful to the interests of Ray Padula Holdings, its subsidiaries, or its affiliates, or for any other reason. .

Ray Padula Holdings and its affiliates and subsidiaries reserve the right to limit the quantity of items purchased per person, per account, per household and per order as determined in their sole discretion. These restrictions may be applied to the same account, same credit card and / or the same billing and / or shipping address. .

Receiving an order acknowledgement via email does not guarantee the acceptance of an order. .

All items and products purchased through the Site are made pursuant to a shipment contract. The risk of loss and title for such titles pass to you upon Ray Padula delivery of the items or products to the carrier. .

If you wish to purchase products or services described on the Site, you will be asked to supply certain information applicable to your purchase, including, without limitation, credit card and other information. Your Account will provide you a location to store your information and allow you to make a future purchase without re-entering information. You agree to pay all charges incurred by you and any users of your account and your credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases.

Additional Terms for Registered Users

Additional Terms for Registered Users

You can register as a user of the Site and become a registered user (a “Registered User”). Becoming a Registered User gives you access to additional services, benefits, promotions and functionalities available on the Site or in store (collectively, “Registered Services”), and the following terms and conditions apply to your use of the Registered Services (the “Additional Terms”). The Additional Terms are in addition to and not in lieu of the Terms. The Terms and the Additional Terms govern the relationship between you and Ray Padula Holdings concerning your use of the Registered Services. Only to the extent there is a conflict or inconsistency between the Terms and the Additional Terms, the Additional Terms shall control. If you do not agree with any of the Additional Terms, you are free to discontinue use of the Registered Services.

Registration. You can become a Registered User by registering with the Site to create an account. Purchases made online while logged into your account will allow Ray Padula to register and record your purchases for you, giving you access to product descriptions, quantity purchased, price, date of purchase and additional information.

My Purchases. Ray Padula will track all of the purchases that you make online while logged into your Account. These online transactions are called “My Purchases.”

Submissions. As a Registered User, you may be able to review your My Purchases. You may also be able to upload to your Account additional information or data, making your Account a powerful tool for managing your lawn and garden. For example, you may be able to submit product wish lists, project pictures or information, and more. The information or data you upload or enter into your Account is called “Submissions.” Ray Padula reserves the right to supervise the uploading of any Submissions, but Ray Padula is under no legal obligation to do so.

Communications From Ray Padula. By becoming a Registered User, you agree and opt in to receive general and targeted advertising, marketing materials and other communications, including email from Ray Padula and its subsidiaries and affiliates. For example, if your Account contains information about a garden project, Ray Padula may send you information on proper planting techniques or a promotion on related products.

Username and Password. As part of the registration process, you will be asked to select a username and password. Ray Padula may refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive or may cause confusion, as determined by us in our sole discretion. You agree not to transfer, resell, share, allow unauthorized persons to use or other facilitate access to or use of the Site through your Account. If you have reason to believe that your Account is no longer secure, you must promptly change your password on your Account and immediately notify Ray Padula of the problem by contacting Ray Padula customer care at support@raypadula.com, or by calling 516-570-3963. You are entirely responsible for maintaining the confidentiality of your username and password and any and all activities (including purchases) that are conducted through your account.

Your Submissions

1. For any Submissions that are covered by any intellectual property rights (“IP Content”), you grant Ray Padula a non-exclusive, perpetual, transferable, sub-licensable, royalty-free, worldwide license to use those Submissions (“IP License”) as Ray Padula sees fit in its sole discretion.
2. The IP License ends when you delete your IP Content from your Account, unless your IP Content has already been used outside your Account or shared with others and they have not deleted it.
3. You understand and agree that deleted IP Content may persist in backup copies of your Account, but deleted IP Content will not be available for your use or review from your Account once it has been deleted.
4. You agree that Ray Padula and its affiliates and agents may use your name, email address, telephone number to access, review, edit and modify your Submissions, My Purchases and other information associated with your Account.

My Purchases. You acknowledge and agree that Ray Padula owns all the data and information concerning your My Purchases, but subject to the Additional Terms, Ray Padula may make your My Purchases available to you for viewing through your Account. Ray Padula will continue to own all of the data and information concerning your My Purchases even if your Account is deactivated for any reason.

Deactivation of Your Account. Ray Padula reserves the right in its sole discretion to remove or delete any or all material from your Account or the Site at any time. Ray Padula may also deactivate your Account for any reason and in its sole discretion. Deactivation of your Account for any reason, including at your request or as a result of account inactivity, may result in all data and information uploaded or submitted by you or by Ray Padula, regardless of source, no longer being accessible to you, even if you decide to open a new Account. You acknowledge and agree that, except to the extent required by law, Ray Padula has no obligation to make a copy, electronic or otherwise, of your Submissions or My Purchases available to you at any time, including, without limitation, upon deactivation of your Account for any reason.

Termination of Service. Ray Padula reserves the right to terminate your access to and use of any program(s), your Account and the Registered Services, or any portion thereof, without liability, at any time and for any reason, with or without cause, and without notice to you.

Upon deactivation of your Account or termination of any Ray Padula program or the Registered Services, or upon your violation of the Additional Terms or the Terms, your right to use the Site and any portions of the Site, including Registered Services, will immediately cease.

Additional Terms for Registered Users

You can register as a user of the Site and become a registered user (a “Registered User”). Becoming a Registered User gives you access to additional services, benefits, promotions and functionalities available on the Site or in store (collectively, “Registered Services”), and the following terms and conditions apply to your use of the Registered Services (the “Additional Terms”). The Additional Terms are in addition to and not in lieu of the Terms. The Terms and the Additional Terms govern the relationship between you and Ray Padula Holdings concerning your use of the Registered Services. Only to the extent there is a conflict or inconsistency between the Terms and the Additional Terms, the Additional Terms shall control. If you do not agree with any of the Additional Terms, you are free to discontinue use of the Registered Services.

Registration. You can become a Registered User by registering with the Site to create an account. Purchases made online while logged into your account will allow Ray Padula to register and record your purchases for you, giving you access to product descriptions, quantity purchased, price, date of purchase and additional information.

My Purchases. Ray Padula will track all of the purchases that you make online while logged into your Account. These online transactions are called “My Purchases.”

Submissions. As a Registered User, you may be able to review your My Purchases. You may also be able to upload to your Account additional information or data, making your Account a powerful tool for managing your lawn and garden. For example, you may be able to submit product wish lists, project pictures or information, and more. The information or data you upload or enter into your Account is called “Submissions.” Ray Padula reserves the right to supervise the uploading of any Submissions, but Ray Padula is under no legal obligation to do so.

Communications From Ray Padula. By becoming a Registered User, you agree and opt in to receive general and targeted advertising, marketing materials and other communications, including email from Ray Padula and its subsidiaries and affiliates. For example, if your Account contains information about a garden project, Ray Padula may send you information on proper planting techniques or a promotion on related products.

Username and Password. As part of the registration process, you will be asked to select a username and password. Ray Padula may refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive or may cause confusion, as determined by us in our sole discretion. You agree not to transfer, resell, share, allow unauthorized persons to use or other facilitate access to or use of the Site through your Account. If you have reason to believe that your Account is no longer secure, you must promptly change your password on your Account and immediately notify Ray Padula of the problem by contacting Ray Padula customer care at support@raypadula.com, or by calling 516-570-3963. You are entirely responsible for maintaining the confidentiality of your username and password and any and all activities (including purchases) that are conducted through your account.

Your Submissions

1. For any Submissions that are covered by any intellectual property rights (“IP Content”), you grant Ray Padula a non-exclusive, perpetual, transferable, sub-licensable, royalty-free, worldwide license to use those Submissions (“IP License”) as Ray Padula sees fit in its sole discretion.
2. The IP License ends when you delete your IP Content from your Account, unless your IP Content has already been used outside your Account or shared with others and they have not deleted it.
3. You understand and agree that deleted IP Content may persist in backup copies of your Account, but deleted IP Content will not be available for your use or review from your Account once it has been deleted.
4. You agree that Ray Padula and its affiliates and agents may use your name, email address, telephone number to access, review, edit and modify your Submissions, My Purchases and other information associated with your Account.

My Purchases. You acknowledge and agree that Ray Padula owns all the data and information concerning your My Purchases, but subject to the Additional Terms, Ray Padula may make your My Purchases available to you for viewing through your Account. Ray Padula will continue to own all of the data and information concerning your My Purchases even if your Account is deactivated for any reason.

Deactivation of Your Account. Ray Padula reserves the right in its sole discretion to remove or delete any or all material from your Account or the Site at any time. Ray Padula may also deactivate your Account for any reason and in its sole discretion. Deactivation of your Account for any reason, including at your request or as a result of account inactivity, may result in all data and information uploaded or submitted by you or by Ray Padula, regardless of source, no longer being accessible to you, even if you decide to open a new Account. You acknowledge and agree that, except to the extent required by law, Ray Padula has no obligation to make a copy, electronic or otherwise, of your Submissions or My Purchases available to you at any time, including, without limitation, upon deactivation of your Account for any reason.

Termination of Service. Ray Padula reserves the right to terminate your access to and use of any program(s), your Account and the Registered Services, or any portion thereof, without liability, at any time and for any reason, with or without cause, and without notice to you.

Upon deactivation of your Account or termination of any Ray Padula program or the Registered Services, or upon your violation of the Additional Terms or the Terms, your right to use the Site and any portions of the Site, including Registered Services, will immediately cease.

Links From this Website

Links From this Website

If the Website contains links to any other site and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use of such websites.

Links From this Website

If the Website contains links to any other site and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use of such websites.

Restrictions

Restrictions

The owner of the Website is based in the state of New York, in the United States of America. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with any and all local laws.

Restrictions

The owner of the Website is based in the state of New York, in the United States of America. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with any and all local laws.

Other / Miscellaneous

Other / Miscellaneous

You agree that Ray Padula may assign all or part of this agreement without such assignment being considered a change to the agreement and without providing notice to you. You agree that Ray Padula will be released from all liability upon assignment. The assignee shall have the same rights and obligations as the assignor.

You agree that information related to your use of the Site may be subject to legal process. Information and data that you submit to Ray Padula through the Site may be subject to legal process (e.g., a subpoena) by Ray Padula or a third party or government entity, even if that information has been deleted and only exists in backup form. You acknowledge and understand that Ray Padula will comply with all applicable legal obligations in making such information available pursuant to valid legal process. You acknowledge and agree that Ray Padula may have no obligation to give you notice of any legal process that may result in any information related to your use of the site being produced, discovered or otherwise disclosed.

Ray Padula performance of these Terms and any other policy contained on the Site is subject to existing and future laws and legal process. Nothing in these Terms is in derogation of Ray Padula right to comply with law enforcement requests or requirements relating to your use of the Site or information given to or gathered by Ray Padula with respect to such use.

You agree that Ray Padula may change the terms and conditions (including, without limitation, the Terms) under which the Site is offered at any time and without notice to you.

You agree that no joint venture, partnership, employment or agency relationship exists between you and service providers or suppliers or you and Ray Padula as a result of these Terms or your use of the Site.

Any rights not expressly granted to you herein are reserved by and to Ray Padula, its affiliates, partners, subsidiaries and licensors, and other third parties.

The Terms and the applicable terms of sale constitute the entire agreement between you and Ray Padula with respect to the subject matter thereof. This agreement supersedes all prior or contemporaneous communications and proposals, whether written, oral or electronic, between you and Ray Padula with respect to the Site. No modification of the Terms shall be effective unless such modification is authored by Ray Padula or it is physically signed in blue ink by an executive officer of Ray Padula.

Any actual or alleged waiver by Ray Padula of any actual or alleged breach of the Terms by you shall not be deemed to be a waiver of any future breach.

A printed version of this agreement and / or any notice given by Ray Padula in electronic form shall be admissible in judicial and administrative proceedings based upon or relating to this agreement or your use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by Ray Padula in printed form.

If any part of these Terms is found to be invalid or unenforceable under applicable law, you agree that the invalid or unenforceable provision will be superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue to govern your use of the Site.

Other / Miscellaneous

You agree that Ray Padula may assign all or part of this agreement without such assignment being considered a change to the agreement and without providing notice to you. You agree that Ray Padula will be released from all liability upon assignment. The assignee shall have the same rights and obligations as the assignor.

You agree that information related to your use of the Site may be subject to legal process. Information and data that you submit to Ray Padula through the Site may be subject to legal process (e.g., a subpoena) by Ray Padula or a third party or government entity, even if that information has been deleted and only exists in backup form. You acknowledge and understand that Ray Padula will comply with all applicable legal obligations in making such information available pursuant to valid legal process. You acknowledge and agree that Ray Padula may have no obligation to give you notice of any legal process that may result in any information related to your use of the site being produced, discovered or otherwise disclosed.

Ray Padula performance of these Terms and any other policy contained on the Site is subject to existing and future laws and legal process. Nothing in these Terms is in derogation of Ray Padula right to comply with law enforcement requests or requirements relating to your use of the Site or information given to or gathered by Ray Padula with respect to such use.

You agree that Ray Padula may change the terms and conditions (including, without limitation, the Terms) under which the Site is offered at any time and without notice to you.

You agree that no joint venture, partnership, employment or agency relationship exists between you and service providers or suppliers or you and Ray Padula as a result of these Terms or your use of the Site.

Any rights not expressly granted to you herein are reserved by and to Ray Padula, its affiliates, partners, subsidiaries and licensors, and other third parties.

The Terms and the applicable terms of sale constitute the entire agreement between you and Ray Padula with respect to the subject matter thereof. This agreement supersedes all prior or contemporaneous communications and proposals, whether written, oral or electronic, between you and Ray Padula with respect to the Site. No modification of the Terms shall be effective unless such modification is authored by Ray Padula or it is physically signed in blue ink by an executive officer of Ray Padula.

Any actual or alleged waiver by Ray Padula of any actual or alleged breach of the Terms by you shall not be deemed to be a waiver of any future breach.

A printed version of this agreement and / or any notice given by Ray Padula in electronic form shall be admissible in judicial and administrative proceedings based upon or relating to this agreement or your use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by Ray Padula in printed form.

If any part of these Terms is found to be invalid or unenforceable under applicable law, you agree that the invalid or unenforceable provision will be superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue to govern your use of the Site.

Warranty Disclaimer(s)

Warranty Disclaimer(s)

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Warranty Disclaimer(s)

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Dispute Resolution

Dispute Resolution

Your use of the Site is unauthorized in any jurisdiction that does not give full effect to all provisions of the Terms. Ray Padula makes no representation or warranty that Materials and Content on the Site are appropriate or available for use in any particular jurisdiction. Your use of the Site is unauthorized in any jurisdiction that does not give full effect to all provisions of the Terms and you agree not to access this Site in any jurisdiction where all or any portion of the Site violates any legal requirements. You are responsible for complying with all applicable laws. Any use in contravention of any provision of the Terms is at your own risk.

Choice of Law, Jurisdiction and Venue:
You agree that this agreement and your use of the Site will be governed by the laws of the state of New York. By using the Site, you consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Nassau County, New York, in all disputes (1) arising out of, relating to or concerning this agreement, the Site and your use thereof; (2) in which the Site and / or this agreement is an issue or a material fact; or (3) in which the Site or this agreement is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization.

Waiver of Rights:
YOU AGREE TO WAIVE, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, ANY CLAIMS FOR PUNITIVE OR EXEMPLARY DAMAGES AND ANY RIGHT TO PURSUE CLAIMS ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY, WHICH RELATE IN ANY WAY TO THE SITE OR THIS AGREEMENT.

Arbitration: Please read this section carefully because it affects rights that you might otherwise have. It provides for resolution of most disputes through arbitration instead of court proceedings.

Arbitration is different than court. There is no judge or jury, but the arbitrator can award damages. Arbitration is final, binding and subject to only limited review by a court. By using the Site, you agree to give up your right to a trial in court except for certain small claims as described below.

You agree that this arbitration section shall survive termination of this agreement. This section shall be broadly interpreted to encompass all disputes or claims arising out of or relating to your use of the Site. Any dispute or claim made by you against Ray Padula or against any of Ray Padula subsidiary, parent, partner, or affiliated companies arising out of or related to your use of the Site, whether based on contract, statute, tort, fraud, misrepresentation or any other legal theory, will be resolved by binding arbitration, except that you may take claims to small claims court if they qualify for hearing by such court.

You must first present any claim or dispute to Ray Padula by contacting the customer care team to allow Ray Padula the opportunity to resolve any dispute. You may request arbitration if your dispute cannot be resolved within sixty (60) days. The arbitration of any dispute or claim shall be conducted with the rules of a Nationwide Arbitration Organization as modified by this agreement. You and Ray Padula agree that this agreement evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law. Any such arbitration shall be brought and held in Nassau County, New York, and will be conducted in the English language. An arbitrator may not (1) award relief in excess of or contrary to what this agreement provides; (2) order consolidation or arbitration on a class wide or representative basis; or (3) award punitive damages or any other damages aside from the prevailing party’s actual damages, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. In any arbitration applying those rules applicable to large and/or complex cases, the arbitrators may also apply the Federal Rules of Evidence, and the losing party may have the award reviewed in accordance with the review procedures set forth in the selected arbitrator’s rules.

Any arbitration shall be confidential, and neither you nor Ray Padula may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. The decisions of the arbitrators shall be binding and conclusive upon all parties involved, and any judgment or decision on any arbitration may be entered in and specifically enforced in any court having proper jurisdiction.

If any portion of this section is determined by a court to be inapplicable or invalid, then the remainder shall be given full force and effect.

Unless an applicable statute expressly permits awarding attorney's fees to the prevailing party, all administrative fees and expenses of arbitration will be divided equally between you and Ray Padula. Each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at any arbitration hearing.

Dispute Resolution

Your use of the Site is unauthorized in any jurisdiction that does not give full effect to all provisions of the Terms. Ray Padula makes no representation or warranty that Materials and Content on the Site are appropriate or available for use in any particular jurisdiction. Your use of the Site is unauthorized in any jurisdiction that does not give full effect to all provisions of the Terms and you agree not to access this Site in any jurisdiction where all or any portion of the Site violates any legal requirements. You are responsible for complying with all applicable laws. Any use in contravention of any provision of the Terms is at your own risk.

Choice of Law, Jurisdiction and Venue:
You agree that this agreement and your use of the Site will be governed by the laws of the state of New York. By using the Site, you consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Nassau County, New York, in all disputes (i) arising out of, relating to or concerning this agreement, the Site and your use thereof; (ii) in which the Site and / or this agreement is an issue or a material fact; or (iii) in which the Site or this agreement is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization.

Waiver of Rights:
YOU AGREE TO WAIVE, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, ANY CLAIMS FOR PUNITIVE OR EXEMPLARY DAMAGES AND ANY RIGHT TO PURSUE CLAIMS ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY, WHICH RELATE IN ANY WAY TO THE SITE OR THIS AGREEMENT.

Arbitration: Please read this section carefully because it affects rights that you might otherwise have. It provides for resolution of most disputes through arbitration instead of court proceedings.

Arbitration is different than court. There is no judge or jury, but the arbitrator can award damages. Arbitration is final, binding and subject to only limited review by a court. By using the Site, you agree to give up your right to a trial in court except for certain small claims as described below.

You agree that this arbitration section shall survive termination of this agreement. This section shall be broadly interpreted to encompass all disputes or claims arising out of or relating to your use of the Site. Any dispute or claim made by you against Ray Padula or against any of Ray Padula subsidiary, parent, partner, or affiliated companies arising out of or related to your use of the Site, whether based on contract, statute, tort, fraud, misrepresentation or any other legal theory, will be resolved by binding arbitration, except that you may take claims to small claims court if they qualify for hearing by such court.

You must first present any claim or dispute to Ray Padula by contacting the customer care team to allow Ray Padula the opportunity to resolve any dispute. You may request arbitration if your dispute cannot be resolved within sixty (60) days. The arbitration of any dispute or claim shall be conducted with the rules of a Nationwide Arbitration Organization as modified by this agreement. You and Ray Padula agree that this agreement evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law. Any such arbitration shall be brought and held in Nassau County, New York, and will be conducted in the English language. An arbitrator may not (i) award relief in excess of or contrary to what this agreement provides; (ii) order consolidation or arbitration on a class wide or representative basis; or (iii) award punitive damages or any other damages aside from the prevailing party’s actual damages, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. In any arbitration applying those rules applicable to large and/or complex cases, the arbitrators may also apply the Federal Rules of Evidence, and the losing party may have the award reviewed in accordance with the review procedures set forth in the selected arbitrator’s rules.

Any arbitration shall be confidential, and neither you nor Ray Padula may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. The decisions of the arbitrators shall be binding and conclusive upon all parties involved, and any judgment or decision on any arbitration may be entered in and specifically enforced in any court having proper jurisdiction.

If any portion of this section is determined by a court to be inapplicable or invalid, then the remainder shall be given full force and effect.

Unless an applicable statute expressly permits awarding attorney's fees to the prevailing party, all administrative fees and expenses of arbitration will be divided equally between you and Ray Padula. Each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at any arbitration hearing.

Limited Liability

Limited Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limited Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

Governing Law & Jurisdiction

Governing Law & Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction). Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York in each case located in the City of New York, in the county of Nassau, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Governing Law & Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction). Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York in each case located in the City of New York, in the county of Nassau, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File a Claim

Limitation on Time to File a Claim

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Limitation on Time to File a Claim

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver

Waiver

No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Waiver

No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Ray Padula Holdings, LLC with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Ray Padula Holdings, LLC with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

Comments or Concerns

Comments or Concerns

This website is operated by Ray Padula Holdings, LLC, 135 Pinelawn Rd, Melville, NY 11747 USA. All feedback, comments, requests for product support, and other communications relating to the website should be sent to: support@raypadula.com

Thank you for visiting our Website, and choosing Ray Padula for your Lawn & Garden!

Comments or Concerns

This website is operated by Ray Padula Holdings, LLC, 135 Pinelawn Rd, Melville, NY 11747 USA. All feedback, comments, requests for product support, and other communications relating to the website should be sent to: support@raypadula.com

Thank you for visiting our Website, and choosing Ray Padula for your Lawn & Garden!

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