Site Terms of Use, Privacy Policy and Your Privacy Rights

TERMS OF USE

Welcome to the Rapid Refill Internet site (referred to collectively with all other websites and mobile text programs operated by Rapid Refill, LLC and/or one of its affiliates, franchisees or subsidiaries as the "Site").

Please review these Site terms of use as they govern your use of and purchase of products from our Site. BY ACCESSING, BROWSING, OR USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS THEN PLEASE DO NOT USE THIS SITE. Rapid Refill controls and operates this Site from its offices within the United States. Claims relating to, including the use of, this Site and the materials contained herein are governed by the laws of the United States and the State of Minnesota, without regard for its conflicts of law provisions. You expressly submit and consent in advance to Rapid Refill, LLC's choice of jurisdiction in any action or suit commenced in such court, and you hereby waive any objection that you may have based upon lack of personal jurisdiction, improper venue or forum non conveniens. If you do not agree, please do not use this Site. If you choose to access this Site from another location, you do so on your own initiative and are responsible for compliance with applicable local laws.

SITE CONTENTS, OWNERSHIP, AND USE RESTRICTIONS

The information contained in this Site including all images, illustrations, designs, photographs, video clips, writings and other materials that appear herein are copyrights, trademarks, trade dress or other intellectual property owned, controlled, or licensed (all of which, collectively, are herein referred to as the "Contents") by Rapid Refill or its subsidiaries, franchisees and affiliates ("Rapid Refill") or are the property of their respective owners. The names Rapid Refill, Rapid Refill, and Rapid Refill Ink and the Rapid Refill, Rapid Refill, and Rapid Refill Ink logos are registered marks of Rapid Refill, LLC. Permission is granted to display, copy, distribute, download, and print in hard copy portions of this Site for the purposes of: (1) placing an order with Rapid Refill; or (2) using this Site as a shopping resource, provided you do not modify the Site and that you retain, without modification, all copyright and other proprietary notices contained in the Contents. Except in connection with shopping or placing an order, none of the Contents may be copied, reproduced, distributed, republished, downloaded, displayed, performed, modified, posted electronically or mechanically, transmitted, recorded, or in any manner mirrored without the prior written permission of Rapid Refill, LLC or the applicable copyright owner. Please note that the permission granted herein terminates automatically if you breach any of these Site terms or conditions. Any other use of the Contents on this Site other than as noted above may violate copyright or trademark laws, and, without the prior written permission of Rapid Refill, LLC, is strictly prohibited. If you choose to leave this Site via links to other non-Rapid Refill sites, Rapid Refill, LLC is not responsible for the terms of use, privacy policies or the cookies those sites use. Additionally, because Rapid Refill, LLC does not control non-Rapid Refill sites or the products advertised therein, you acknowledge and agree that Rapid Refill, LLC is not responsible for the availability of such non-Rapid Refill sites or products, and is neither responsible nor liable for any content, advertising, products, or other materials on or available from such sites. In no event shall any reference to any non-Rapid Refill site, product or service be construed as an approval or endorsement by Rapid Refill, LLC of such site, product or service. Please see our Privacy Policy for further details.

DISCLAIMER OF WARRANTY

Rapid Refill IS PROVIDING THIS SITE AND ITS CONTENTS ON AN "AS IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ALTHOUGH Rapid Refill BELIEVES THE CONTENT TO BE ACCURATE, COMPLETE, AND CURRENT, Rapid Refill DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE ON THIS SITE IS ACCURATE, COMPLETE, OR CURRENT. Price and availability information is subject to change without notice. DISCLAIMER OF LIABILITY IN NO EVENT SHALL Rapid Refill BE LIABLE FOR SPECIAL, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, DATA, OR PROFITS, WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS, ALL ARISING OUT OF OR IN CONNECTION WITH THE USE, COPYING, OR DISPLAY OF THE CONTENTS OF THIS SITE. In an effort to provide our customers with the most current information, Rapid Refill will, from time to time, make changes in the Contents and in the products or services described on this Site. You agree to indemnify and hold Rapid Refill (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, including reasonable attorneys' fees, costs, expenses or damages relating to defending such claims, arising out of or related to a breach of your representations and warranties set forth herein, or your violation of any law or the rights of a third party.

ABOUT OUR PRICES

The prices advertised on this Site are for Internet orders unless otherwise noted. Prices on some items may differ from those charged at Rapid Refill stores. Prices and the availability of items are subject to change without notice. Any "list prices" used on this Site are provided by product manufacturers, distributors or determined based upon comparable products and are subject to change. Your purchase price may vary. We reserve the right to limit sales, including the right to prohibit sales to re-sellers. While we make every effort to provide accurate information, inaccuracies or errors may occur. We are not responsible for such errors. We reserve the right to make changes, corrections, and/or improvements to the information contained on this Site and to the products and programs described in such information, at any time without notice. There may be certain orders that we are either unable to accept or must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason, including those made to resellers. Possible circumstances involving our canceling an order may be limitations on quantities available for purchase or inaccuracies or errors in product or pricing information. Promotion pricing available on this Site may not be available in Rapid Refill, Rapid Refill or Rapid Refill Ink stores. Rapid Refill reserves the right to deny any transaction for any reason and is not obligated to fulfill any order.  Monies collected and/or received will be refunded to the purchaser if an order is denied.

USER COMMENTS, FEEDBACK, AND OTHER INFORMATION AND SUBMISSIONS PROVIDED BY YOU

You agree that any material, information, and ideas that you transmit to this Site or otherwise provide to Rapid Refill ("Transmissions") shall be and remain Rapid Refill's property. By submitting any Transmissions to Rapid Refill, you represent and warrant that: you are the sole author and owner of the Transmission and any intellectual property rights thereto; all "moral rights" that you may have in such Transmission have been voluntarily waived by you; all Transmissions that you post are accurate; you are at least 13 years old; and use of the Transmission you supply does not violate these Terms of Use and will not cause injury to any person or entity. You further agree and warrant that you shall not submit any Transmission: that is known by you to be false, inaccurate or misleading; that infringes any third party's intellectual property rights or rights of publicity or privacy; that violates any law, statute, ordinance or regulation; that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation; for which you were compensated or granted any consideration by any third party; that includes any information that references other websites, addresses, email addresses, contact information or phone numbers; or that contains any computer viruses, worms or other potentially damaging computer programs or files. For any Transmission, you grant Rapid Refill a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, display, perform, delete in its entirety, adapt, publish, translate, create derivative works from, sell and/or distribute such content, and/or incorporate such content into any form, medium or technology throughout the world without compensation to you. Rapid Refill reserves the right to change, condense or delete any Transmission that Rapid Refill deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms of Use. Rapid Refill does not guarantee that you will have any recourse through Rapid Refill to edit or delete any Transmission you have submitted. Rapid Refill reserves the right to remove or to refuse to post any Transmission for any reason. You acknowledge that you, not Rapid Refill, are responsible for the contents of your Transmission. None of the content that you submit shall be subject to any obligation of confidence on the part of Rapid Refill, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees. By submitting your email address in connection with your Transmission, you agree that Rapid Refill and its third party service providers may use your email address to contact you about the status of your Transmission and other administrative purposes.

NOTICE AND TAKE DOWN PROCEDURES

If you believe any materials ("Materials") on the Site infringe your copyright or trademark rights, you may request such Materials be removed by following the notice and take down procedures of the Digital Millennium Copyright Act. To follow those procedures, contact the Office of the General Counsel at Rapid Refill (address below) and provide the following information: A clear statement identifying the works, or other materials believed to be infringed. A statement from the intellectual property owner ("Owner") or authorized representative that the Materials are believed to be infringing and not authorized by the Owner. Sufficient information about the location of the allegedly infringing Materials so that Rapid Refill can find and verify its existence. Your name, telephone number and e-mail address. A statement from you under penalty of perjury that the information supplied is accurate, and that you are authorized to act on the Owner's behalf. A signature or the electronic equivalent from the Owner or authorized representative. Rapid Refill's agent for notice of copyright or trademark issues on the Site can be reached as follows: Rapid Refill, LLC 8000 W. 78th Street, Suite 110, Edina, Minnesota 55439 Attn: Office of the General Counsel.

Rapid Refill shall be free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever including, but not limited to, developing, manufacturing, or marketing products incorporating such information. You further agree that Rapid Refill may use information about your demographics and use of this Site in any manner that does not reveal your identity.

SECURITY

In using this Site you agree to the following: (a) you will not use any device, software, or other instrumentality to disrupt, damage or interfere with or attempt to disrupt, damage or interfere with the proper functioning of this Site; (b) you will not to violate or attempt to violate the security of this Site, including, without limitation, (i) logging onto an account that you are not authorized to access; (ii) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mail bombing" or "crashing"; or (iii) attempt to transmit any "virus", "Trojan horse" or other software destruction or disruption device; and (c) you will not intentionally or unintentionally violate any applicable international, federal, state or local law, including but not limited to any regulations applicable to your use of this Site.

TERMS OF USE REVISIONS

Rapid Refill may revise these terms of use by updating this posting. You agree that in the event any portion of these Site terms of use is found to be unenforceable, the remainder of these Site terms and conditions shall remain in full force and effect. By using this Site you agree to be bound by any such revisions and should therefore periodically visit this page to determine the current terms of use to which you are bound.

MOBILE TERMS OF USE

BY ACCESSING, BROWSING, OR USING THE PROGRAM, YOU ACKNOWLEDGE THAT: (1) YOU ARE THE MOBILE PHONE ACCOUNT HOLDER OR HAVE THE ACCOUNT HOLDER'S PERMISSION TO SUBSCRIBE AND (2) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS THEN PLEASE DO NOT USE THE PROGRAM. You are also subject to and agree to comply with Rapid Refill's General Terms of Use.

MOBILE TERMS OF USE REVISIONS

Rapid Refill may revise these Mobile Terms of Use by updating this posting. You agree that in the event any portion of the Mobile Terms of Use is found to be unenforceable, the remainder of the Mobile Terms of Use shall remain in full force and effect. By using the Program you agree to be bound by any such revisions and should therefore periodically visit this page to determine the current Mobile Terms of Use to which you are bound.

This Privacy Policy applies to information we collect from you

This statement describes our privacy practices for the websites where it is posted. This includes mobile websites, text programs and applications. It also applies to information we collect in our stores or other places offline.  Please note that most Rapid Refill retail stores and sales offices are independently owned and operated franchises and individual locations may deviate from this Privacy Policy in whole or in part.

We collect information from you in many ways

We collect information directly from you. For example, if you register for a promotion or apply for a job. We might collect information if you post a comment on one of our websites or request information. We also collect information when you buy something.

We collect information from you passively. We use tracking tools like browser cookies and web beacons. To learn more about these tools and how you can control them, click here.

We get information about you from third parties. For example, social media platforms may give us information about you. We may combine the information we collect from you with the information we get from third parties.

We collect various information about you

We may collect your name, email address, postal address, phone number, cell phone number, or credit card number, for example. We may ask you for information to learn more about you, like your age or products you like.

We use information as disclosed and described here

To respond to your requests or questions. For example, we might use your information to register you for promotions.

To improve our products and services. We might use your information to customize your experience with us.

To look at site trends and customer interests. We may use your information to make website or product improvements. We may also combine information we get from you with information we have gotten from third parties.

For security purposes. We may use information to protect our company, our customers, or our websites.

To promote us and our various websites. Unless we tell you otherwise, we might notify you about special promotions or offers. We might tell you about new website features or products. To opt out of receiving communications from Rapid Refill, LLC please send an email to help@rapidrefill.com with the subject line "UNSUBSCRIBE" from the email address you wish to opt out.

To communicate with you about your account or our relationship: We may contact you to tell you about changes to this Policy or our website Terms. We may also tell you about issues with your orders.

We may share information with third parties

Your information may be shared when legally permitted, including in the following situations:

Within our company (including our affiliated companies and franchisees).

With third parties who perform services on our behalf. For example, we share information with vendors, or will authorize them to collect information on our behalf. Some vendors may be located outside of the United States.

With our business partners. To opt out of having your information shared, see email us (help@rapidrefill.com) or write to us at:

Attn: Legal Department Privacy Team
Rapid Refill, LLC
8000 West 78th Street
Suite 110
Edina, Minnesota 55439


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