Terms and Conditions
Last updated: December 15, 2019
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the www.rgand.com website (the "Service") operated by Rgand LLC ("us", "we", or "our").
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
Rgand fair use policy
You may be required to sign up for an account, and select a password and user name. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person.
You represent and warrant that you are of legal age to form a binding contract. If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).
You will only use the Services for your own internal, personal use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.
Rgand is created with the purpose to facilitate a direct purchase of goods from their PRODUCERS/SELLERS. Therefore, no third-party re-sellers, distributors, private label, intermediary or any non-direct sellers of goods not produced by them are not permitted and not allowed to register and make any commercial transactions on the Rgand website, including sales of goods, prospective contract negotiations and direct contact with Buyers.
We reserve the right to remove and deactivate any account in direct violation of these policies. Any goods shipped, stored at Rgand Fulfillment Centers and offered for sale under such account will be left at the sole discretion of Rgand. We reserve the right to dispose these goods according to Rgand procedures and under direct instruction from Rgand management.
Any Rgand user may be required by Rgand to provide a direct evidence of goods ownership, manufacturing by the registered user and ownership of brand, trademark, logo and any product-specific information. A failure to provide such evidence will trigger user account deactivation and removal of goods from the website.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
Approval process for PRODUCERS
By creating an Account on our service and for the purposes of reporting, registration and approval to ship/sell PRODUCER goods to Rgand.com marketplace, you agree to provide all required business, financial and other information to Rgand Customer Support and Verification team via email, phone, fax or standard post and currier service. PRODUCER will conform to all quality control and other standards and inspection systems as may be established or directed by Rgand for the products to be listed for sale at the Rgand website. These include but not limited to shipping and receiving formats, barcoding, supporting documentation, product information, images, unit prices, packaging size.
You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Payment Methods and Definitions
Accepted Credit Cards (Preferred Method)
All orders must be placed online through our checkout process. We accept all major credit cards, including Master Card, Visa, American Express, and Discover. Only a single credit card may be used to process the order.
We may use a third-party payment processor (the “Payment Processor”) to bill you through a payment account, such as your bank account or debit or credit card, linked to your account on the Services (your “Billing Account”). The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for error by the Payment Processor. By choosing to use for-fee Services or purchase products, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Services or purchase of such products in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method.
Rgand does not handle “Card Data” (defined as a cardholder's account number, expiration date and CVV2) as we do NOT receive or store cardholder data. We provide a checkout page which sends ”Card Data” to Rgand’s payment processors directly at time of checkout processing. Rgand then receives a token which represents the Card Data but does not contain the Primary Account Number. We use this token to perform charge processing, and never receive, store, or use Card Data to perform processing.
PayPal and Stripe Payments
We accept payment via PayPal and Stripe on our website as an additional payment option. A major credit card is still required to complete the transaction, as we do not accept gift cards, store cards, or account credits associated with your PayPal or Stripe accounts. Additional information about PayPal and Stripe policies and payment processing can be found at:
PayPal, Inc.: https://www.paypal.com/us/webapps/mpp/ua/legalhub-full
Stripe, Inc.; https://stripe.com/us/legal
Charges and Authorizations
Your card will be charged in full once the first item(s) on your order ship. When you place an order on our website, an authorization is placed on your bank account for the amount of your order. An authorization is a communication from your bank to our payment system, letting us know your card is valid, and the required funds are available. These authorizations may show as “pending” on your bank statement until the funds are captured. Once the card is charged for the order, the authorization will drop off from your bank statement, typically within 1-2 business days.
Credit and debit card providers differ in how long they will hold an authorization for a pending transaction. If your order has an extended lead time, a member of our Payments team may reach out requesting to charge the card in advance to avoid losing the authorization. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due upon demand. Authorizations and/or pending transactions will hold these funds on your bank account, which can result in overdraft fees. Rgand assumes no liability for fees in the event of such an overdraft.
All pricing is listed in the US Dollars ($) on the website.
Sales tax will be charged on orders shipping to the states of Alabama, Arkansas, Arizona, California, Colorado, Connecticut, Florida, Georgia, Hawaii, Idaho, Illinois, Iowa, Indiana, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, Washington DC, West Virginia, Wisconsin, and Wyoming. If you are tax-exempt and shipping to one of these states, visit your My Account page and select Upload Tax Exempt Form to upload your exemption form for review.
Some of the for-fee Services and product purchases may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By choosing a recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO ACCOUNT PAGE.
Auto-Renewal for Subscription Services
Unless you opt out of auto-renewal, which can be done through your account settings, any subscription services or purchases you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate. To change or resign your subscription services at any time, go to account settings. If you terminate a subscription service, you may use your subscription until the end of your then-current term; your subscription will not be renewed after your then-current term expires. However, you won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.
PRODUCER Payments for Rgand Fees
The annual Rgand Platform fee for the PRODUCER is set at two thousand three hundred eighty-eight US dollars (2,388 US dollars) and can be updated by Rgand.
The Rgand sales fee for any orders placed on the Rgand website is set at fifteen percent (15%) of the purchase amount.
Rgand requires a one-time deposit when you activate your account to cover any shipping or delivery costs. The full deposit amount is returned after closing or deactivating the PRODUCER’s account and the full settlement of outstanding accounts for Rgand Prime Fulfillment (RPF) services.
Rgand provides to the PRODUCER the RPF services associated with the goods of the PRODUCER, in accordance with the RPF Payment Schedule published on the Rgand website and RPF fees are deducted from the credit card on the account of the PRODUCER.
Any returns of PRODUCER goods must be processed and processed by Rgand in accordance with the applicable Rgand return policy; and any individual settings or additional services requested by the PRODUCER must be performed at an additional cost, agreed in writing by the parties.
The PRODUCER is fully responsible for all reviews related to his goods. In the event that the PRODUCER’s goods may be recalled, or the PRODUCER withdraws any of its goods on its own initiative, Rgand must assist the PRODUCER, as mutually agreed in writing between the parties, including the cost of providing such recall services.
Contests, Sweepstakes and Promotions
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
Rgand LLC has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Service are the property of Rgand LLC or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Rgand LLC
Rgand LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Rgand LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Modification of account status
(A) Rgand reserves the right to suspend PRODUCER’s account (an “Account”) for the following reasons, including, but not limited to: (i) unpaid Fees; (ii) suspicious activity on or throughout the Account; (iii) using abusive or threatening language; (iv) resolution of a third-party complaint of a violation of this Agreement; or (v) resolution of an unauthorized transaction, BUYER complaint, dispute or accusation.
(B) If PRODUCER does not pay all Fees owed within thirty (30) days’ notice of any unpaid Fees, then Rgand reserves the right, at its sole discretion, to reclassify an Account as an “Abandoned Account”. Additionally, any unpaid Fees that remain unpaid for a period of sixty (60) days will automatically cause an account to be deemed an Abandoned Account. Upon an Account becoming an Abandoned Account, all rights to ownership of PRODUCER’s goods and the account balance will be forfeited by PRODUCER. The goods will become immediately and irrevocably unavailable, and, at Rgand’s sole discretion, liquidation proceedings would begin. PRODUCER agrees to have no rights to the liquidation proceeds. PRODUCER agrees that the goods would be free and clear of liability, and that PRODUCER would assume any liability thereof. PRODUCER will also remain liable for any unpaid Fees and associated penalties above and beyond the liquidation proceeds.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Rgand LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
Limitation Of Liability
In no event shall Rgand LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Rgand LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Payment Terms “as stated"
Unpaid balances beyond stated terms and shortages on advance monies are subject to a finance charge of 1.5 % per month. Advance monies must be maintained in amounts sufficient to cover transactional needs. Payment within the pre-determined terms is required. Client will pay all undisputed amounts in accordance with the agreement. All claims for disputed amounts on any invoice must be submitted in writing within 15 days of client's receipt of the invoice. The Rgand LLC reserves the right to discontinue service for non-payment within stated terms. The client grants Rgand LLC a security interest in its goods limited to the extent of any outstanding debt owed by the Client to Rgand LLC.
Bank Fees and Interest
Unless otherwise stated in writing at the time of acceptance of Terms and Conditions, all bank fees, including but not limited to merchant fees, overdraft fees, stop-payment fees, wire transfer fees, and/or certified check fees, are the responsibility of the client. Interest income, if any, on all bank accounts maintained in the name of Rgand LLC accrues to Rgand LLC
Rgand LLC accepts no responsibility for the Federal Trade Commission (FTC) violations for non-compliance with regulations due to a client failure to pay in full the advance invoices for shipping, postage and/or rebate checks. Likewise, Rgand LLC will not accept responsibility for adverse FTC or other non-compliances for withholding services in the event a client fails to pay in full for Rgand LLC services.
Right to Requote
In the event of additional services, changes in program specifications, or substantial shortfalls in anticipated volume, Rgand LLC reserves the right to re-quote or receive retroactive compensation for the effect of those changes or shortfalls.
Credit Cards and Checks
Rgand LLC accepts no financial responsibility for credit card declines and chargebacks including those related to drop shipped products or merchandise. Rgand LLC does not accept responsibility for defaults on multi-payment credit card orders. Rgand LLC accepts no financial responsibility for client directed acceptance of consumer checks by phone.
Materials, Postage and Freight
Postage and freight due on incoming merchandise and/or mail are the responsibility of the client. Materials and outgoing Postage/Freight are estimated at current rates, and are subject to change based upon cost and quantities purchased.
Shipping goods for Sale
PRODUCER agrees that all goods shipped to Rgand shall identify PRODUCER on the bill of lading, or other contract of carriage, as the named consignee, in care of Rgand, and shall not identify Rgand as the consignee. If, in violation of this Section, goods are shipped to Rgand as named consignee on the bill of lading or other contract of carriage, PRODUCER agrees to immediately notify carrier in writing, with copy of such notice to Rgand, that Rgand named as consignee is the “in care of party” only and has no beneficial title or interest in the goods. PRODUCER shall be responsible for delivery of goods to the Facility, including all costs, expenses and risk of loss associated with such delivery. Title to all PRODUCER goods shall remain with PRODUCER at all times, even when the goods are stored or warehoused at the Facility.
Fire, extended coverage, including all risk coverage insurance on merchandise consigned to a Rgand facility, is the sole responsibility of the client. Any and all rights of subrogation against Rgand LLC as a result of such loss are waived. Special insurance needs should be discussed with your Account Executive or Relationship Manager. Unless instructed otherwise, consumer requests will be destroyed ninety (90) days from receipt, while a file of consumer names will be maintained for one (1) year after expiration date of program, and then destroyed.
Notification of goods characteristics and dangerous articles
(A) PRODUCER shall notify Rgand of the characteristics of any of PRODUCER’s goods that may in any way be likely to cause damage to Rgand’s premises or to other goods that may be stored by Rgand at any time.
(B) PRODUCER represents, warrants, and covenants that:
(i) none of the goods covered under this Agreement are misbranded, adulterated, flammable, hazardous or dangerous materials or articles, explosives, or pesticides, as defined under federal, state or local laws, statutes, ordinances, or regulations, including without limitation the Food, Drug and Cosmetic Act, as amended from time to time.
(ii) PRODUCER activities relating to the promotion, sale, and distribution of PRODUCER’s goods shall comply with all applicable laws, rules, regulations and guidelines; 5(iii) PRODUCER will provide, in writing and in sufficient time for review and training by prior to delivery, all safe handling instructions, health and environmental information, safety data sheets (“MSDS”) applicable to PRODUCER’s goods or to any materials PRODUCER; and Rgand and material supplied by (iv) PRODUCER has all necessary authority and right, title and interest in and to any intellectual property related to the goods provided by PRODUCER under this Agreement.
Compliance with import and export laws and regulations
PRODUCER shall comply with all U.S. laws and regulations regarding the entry of PRODUCER goods into the United States and shall be responsible for entering the goods into the United States with U.S. Customs and Border Protection. All costs and responsibilities of importing shall be borne by PRODUCER, and PRODUCER shall be the importer of record and payer of all U.S. import duties, clearance charges, taxes, brokers’ fees, and other amounts payable in connection with the importation and delivery of the goods.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of Florida, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Rgand LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Rgand LLC.
Confidentiality and publicity
(A) Rgand and PRODUCER or BUYER have each developed certain confidential and proprietary information (“Confidential Information”) including, but not limited to, financial statements, financing documents, trade secrets, new products, copyrights, computer software, documentation, specifications, systems, hardware, concepts, designs, configurations, schedules, costs, performance features, techniques, copyrighted matter, patentable and patented inventions, plans, methods, drawings, data, tables, calculations, documents or other paperwork, computer program narratives, flow charts, source and object codes, business and marketing plans, dealings, arrangements, objectives, locations and PRODUCER/BUYER information. For purposes of this Agreement, Rgand's Confidential Information shall also be deemed to include, without limitation, the confidential and proprietary information of any its Affiliates. For purposes of this Agreement, a party disclosing the Confidential Information is the "Disclosing Party" and a party receiving the Confidential Information is the "Receiving Party".
(B) Information shall be deemed Confidential Information and shall be subject to the terms of this Agreement if: (i) the Receiving Party is notified that the information is confidential or proprietary prior to, or at the time of, its disclosure; or (ii) information in a tangible form is labeled as confidential or proprietary prior to its disclosure; or where labeling of the particular item of Confidential Information is not practicable, then such information is clearly and specifically identified in a contemporaneous writing provided by the Disclosing Party to the Receiving Party; or (iii) the Receiving Party knows that such information is confidential or proprietary or would be reasonably expected to understand the confidential or proprietary nature of such information.
(C) Confidential Information disclosed hereunder shall at all times remain, as between the parties, the property of the Disclosing Party. No license under any trade secrets, copyrights, or other rights is granted by this Agreement or any disclosure of Confidential Information hereunder.
(D) The parties acknowledge that in order to maintain a business relationship each party may be required to disseminate another party's Confidential Information to some of its employees. Access to Confidential Information shall be restricted to those of the Receiving Party's personnel who reasonably need-to-know or need-to-have access to the Confidential Information. In addition, each party undertakes to cause its employees, to whom such Confidential Information is transmitted, to affirmatively acknowledge, or to be bound to, the same obligation of secrecy and confidentiality to which the parties are bound under this Agreement. Notwithstanding any provision to the contrary, the parties further acknowledge that each party may disseminate another party's Confidential Information to any of such party’s respective Affiliates.
(E) The obligations of this Agreement shall not apply or shall terminate with respect to any particular portion of a party's Confidential Information if (i) a Receiving Party can show that the Confidential Information received from another is, or has become, generally available to the public through no violation of the terms of this Agreement; (ii) a Receiving Party, at any time, lawfully obtains such Confidential Information in writing from a third party under circumstances permitting its disclosure; (iii) such Confidential Information is disclosed with the prior express written consent of the Disclosing Party, provided that any disclosure complies in all respects with the terms of such written consent; (iv) such Confidential Information is disclosed pursuant to the lawful requirement of a governmental agency or required by operation of law; provided that the Receiving Party shall promptly notify the Disclosing Party of such demand and tender to the Disclosing Party the defense of such demand; or (v) the Receiving Party has independently developed such Confidential Information prior to, or during the course of, this Agreement without reference to, use of, or knowledge of the Disclosing Party's Confidential Information.
(F) In addition to, and not in lieu of, the rights afforded under this Agreement, the parties agree that in the event of any violation, or threatened violation, of this Agreement, the injured party shall be authorized and entitled to seek, from any court of competent jurisdiction, preliminary and permanent injunctive relief as well as an equitable accounting of all profits or benefits arising from such violation, which rights and remedies shall be cumulative and in addition to any other rights or remedies at law or in equity to which the injured party may be entitled. Each party acknowledges that any disclosure of another's Confidential Information other than as specifically provided herein will be wrongful and will cause irreparable injury to the Disclosing Party and, therefore, each party agrees to hold the other's Confidential Information in strictest confidence and not to make use of it other than as specifically provided herein. Each party shall protect the confidential and proprietary nature of the Disclosing Party's Confidential Information in at least the same manner and extent that it protects the confidential and proprietary nature of its own Confidential Information of like kind.
(G) PRODUCER or BUYER shall not, without the prior express written consent of Rgand (a) issue any statement, printed material or other communication acknowledging its relationship with Rgand or its Affiliates, or (b) use Rgand’s or its Affiliates’ name or logo in any manner.
(A) Unless explicitly stated otherwise, whenever any notice, request, claim, demand or other communication is required or permitted under this Agreement, such notice, request, claim, demand or other communication shall be in writing and shall be given (and shall be deemed to have been duly received, if so given and no notice of failure of delivery is received) by (i) personal delivery, (ii) nationally recognized commercial courier for next business day delivery or (iii) registered or certified mail, postage prepaid, return receipt requested, to the parties at the addresses set forth in subsections (B) and (C) below or at such other addresses as such parties may designate by written notice to the other party.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org