PLEASE READ this WWW.REPECHAGE.COM Terms of Use Agreement (hereinafter “Terms of Use”) carefully BEFORE using the WWW.REPECHAGE.COM website domain in any manner whatsoever, including, but not limited to: purchasing products through WWW.REPECHAGE.COM, using any services offered by WWW.REPECHAGE.COM, linking to WWW.REPECHAGE.COM pages and/or accessing any links made through WWW.REPECHAGE.COM pages. USE OF WWW.REPECHAGE.COM CONSTITUTES ACCEPTANCE OF THE FOLLOWING TERMS OF USE.
1. GENERAL
This Terms of Use Agreement is made between you (hereinafter “USER”) and Sarkli/Repêchage Ltd., the sole owner of WWW.REPECHAGE.COM. The words Sarkli/Repêchage Ltd. and WWW.REPECHAGE.COM shall be used interchangeably throughout the Terms of Use Agreement. By using WWW.REPECHAGE.COM you the USER signify your assent to be bound by the following terms of use. If you do not agree to the Terms of Use, do NOT have the right to use WWW.REPECHAGE.COM and should not do so. The Terms of Use may be revised by WWW.REPECHAGE.COM at any time, without cause or actual notice, by posting such revised Terms of Use to this page. USER’s continued usage of WWW.REPECHAGE.COM shall constitute acceptance of those revisions.
2. PERMITTED USES
USER is permitted to use the www.repechage.com site for entertainment, education and product purchases. The content on the site is intended for non-commercial purposes only. USER agrees to use the WWW.REPECHAGE.COM site only as expressly permitted by WWW.REPECHAGE.COM and shall not in any case use the site for unlawful purposes. USER shall not use the site for commercial purposes and shall not reproduce, distribute, reverse engineer, modify, copy, publish, display, transmit, adapt, or in any way exploit the content of the WWW.REPECHAGE.COM site.
3. PRIVACY POLICY
All information that USER either actively or passively provides to WWW.REPECHAGE.COM, at any time, is subject to our Privacy Policy.
4. COPYRIGHT
The compilation of WWW.REPECHAGE.COM, including selection, arrangement and presentation of all information on WWW.REPECHAGE.COM, and the overall design of WWW.REPECHAGE.COM are the exclusive property of Sarkli/Repêchage Ltd., are Copyright © 2002 by Sarkli/Repêchage Ltd. and are protected by U.S. and international copyright laws and treaties.
All of the contents of www.repechage.com, including, without limitation, all text, images, graphics, logos, typefaces, icons, audio and video clips, digital downloads, data compilations, and other materials appearing on WWW.REPECHAGE.COM are the exclusive property of Sarkli/Repêchage Ltd. and are protected by United States and international copyright laws and treaties. All translation rights are expressly reserved to Sarkli/Repêchage Ltd.
Any commercially motivated copy, distribution, retransmission or modification of information on WWW.REPECHAGE.COM, whether in electronic form or hard copy, without the express prior written consent of Sarkli/Repêchage Ltd. is absolutely prohibited. USER shall not publish, reproduce, display, create derivative works from, reverse engineer or decompile, distribute, copy, post, upload, transmit or modify WWW.REPECHAGE.COM or any portion thereof, for any purpose.
All of the software used by WWW.REPECHAGE.COM is the property of Sarkli/Repêchage Ltd. and/or its software suppliers and is protected by United States and international copyright laws and treaties.
5. TRADEMARK
Sarkli/Repêchage Ltd. is the sole owner of all content on the www.repechage.com, including, without limitation, all applicable U.S. and non-U.S trademarks, copyrights, trade secrets, trade names, logos, and other intellectual property rights thereto, as well as text, images, graphics, logos, typefaces, icons, audio, video and other material appearing on WWW.REPECHAGE.COM.
The trademark REPÊCHAGE, which is registered in the U.S. and other countries is the exclusive property of Sarkli/Repêchage Ltd. All other trademarks on WWW.REPECHAGE.COM, regardless of their registration status, including but not limited to word marks, designs, graphics, logos, page headers, button icons, scripts and service names, and the trade dress of WWW.REPECHAGE.COM are the exclusive property of Sarkli/Repêchage Ltd. USER shall not use trademarks or trade dress that is identical to or confusingly similar to the trademarks and/or trade dress used on WWW.REPECHAGE.COM and shall not use trademarks or trade dress in any manner that disparages or discredits Sarkli/Repêchage Ltd.
6. INDEMNIFICATION
By using the WWW.REPECHAGE.COM site, you agree to defend, indemnify, and hold Sarkli/Repêchage Ltd., its respective officers, directors, and employees, agents and/or servants from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys' fees and expenses, arising in any way from or in connection with your use of the WWW.REPECHAGE.COM or any service available on or through the www.repechage.com, trademark or copyright infringement or any violation of the Terms of Use, Privacy Policy or any other policy posted on WWW.REPECHAGE.COM which pertains to USER.
7. LINKS
USER may be able to access sites owned and operated by third parties through links provided by WWW.REPECHAGE.COM. USER understands and agrees that WWW.REPECHAGE.COM is not responsible for the content, availability, advertising, products, services or other materials of any links contained therein, cannot ensure that USER will be satisfied with any products or services that USER purchases from linked sites. Furthermore, WWW.REPECHAGE.COM, does not make any representations or warranties as to the security of any information USER may be requested to provide to any third party. Sarkli/Repêchage Ltd. shall not be liable, directly or indirectly, to USER or any other person or entity for any loss or damage arising as a result of the usage of linked sites.
WWW.REPECHAGE.COM reserves the exclusive right, at its sole discretion, to add, change, decline, or remove, without notice, any link.
Other sites may link to the WWW.REPECHAGE.COM sites only through a plain-text link subject to the prior written approval of a duly authorized employee of Sarkli/Repêchage Ltd. To seek our permission, please contact us at the address below. Sarkli/Repêchage Ltd. reserves the right to revoke any permission granted by us to link through a plain-text link or any other type of link, and to require termination of any such link to www.repechage.com, at our discretion, with or without cause, at any time.
8. SALE OF PRODUCTS
All sales are made in accordance with Sarkli/Repêchage Ltd.’s General Conditions of Sale, which USER agrees to upon submission of an order.
USER AGREES THAT USE OF Sarkli/Repêchage Ltd. IS AT USER’S OWN SOLE RISK. WWW.REPECHAGE.COM IS PROVIDED "AS IS" AND “AS AVAILABLE,” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF WWW.REPECHAGE.COM or the content, information, materials or products on ww.repechage.com. ADDITIONALLY, Sarkli/Repêchage Ltd. MAKES NO REPRESENTATIONS AND WARRANTIES AS TO ANY LINKED SITES AND HAS NO LIABILITY or responsibility for the USE OF SUCH SITES.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Sarkli/Repêchage Ltd. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURIES CAUSED BY WWW.REPECHAGE.COM, INCLUDING, WITHOUT LIMITATION, THOSE DAMAGES OR INJURIES OCCURRING AS A RESULT OF: (1) ANY DEFECT OR ERROR IN THE CONTENT OF WWW.REPECHAGE.COM, OR (2) ANY FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF RECORDS, INFORMATION OR DATA, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, INFORMATION OR DATA.
Sarkli/Repêchage Ltd. DOES NOT WARRANT OR GUARANTEE: (1) THAT ANY WWW.REPECHAGE.COM WILL BE FREE OF INFECTION BY VIRUSES, WORMS AND OTHER HARMFUL ELEMENTS; OR (2) THAT ACCESS TO THE WWW.REPECHAGE.COM WILL BE UNINTERRUPTED OR ERROR-FREE.
REGARDLESS OF THE FORM OF ACTION, Sarkli/Repêchage Ltd. its OFFICERS, DIRECTORS, EMPLOYEES, servants, agents SUCCESSORS AND/or ASSIGNS, shall not BE LIABLE TO ANY PARTY FOR: (i) ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF BUSINESS AND OTHER PROFITS, LOSS OF PROGRAMS, COST OF REPLACING EQUIPMENT OR SOFTWARE OR LOSS OF RECORDS, INFORMATION OR DATA), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE www.repechage.com, EVEN IF Sarkli/Repêchage Ltd. SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF www.repechage.com.
CERTAIN STATE LAWS DO NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAW APPLY TO USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO USER AND USER MAY HAVE ADDITIONAL RIGHTS. LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW (THEREBY MINIMIZING Sarkli/Repêchage Ltd.’s LIABILITY TO YOU TO THE LOWEST AMOUNT THAT APPLICABLE LAW PERMITS).
10. GOVERNING LAW & CONSENT TO JURISDICTION
This Agreement shall in all respects be interpreted, construed and governed by the laws of the State of New York, a State of the United States of America and USER agrees that any any claim or dispute with www.repechage.com or relating in any way to use of the WWW.REPECHAGE.COM, including any claim involving Sarkli/Repêchage Ltd., its employees, officers, directors, servants and/or agents shall be in the County of New York, State of New York with USER consenting to the jurisdiction of the State of New York.
11. MODIFICATION
Terms of Use may be modified by WWW.REPECHAGE.COM at any time, with or without cause and without actual notice. Continued use of the site by USER subsequent to posting of modification on this page shall constitute assent to modification.
12. Waiver
Waiver by Sarkli/Repêchage Ltd. of any breach or alleged breach of any provision of Terms of Use by USER shall not operate or be construed as a waiver of any concurrent, prior or succeeding breach of said provision or any other provision of Term of Use.
13. Unenforceability of Provisions
If any provision of Terms of Use, or any portion thereof, is held to be invalid and unenforceable, then the remainder of Terms of Use shall nevertheless remain in full force and effect.
14. CONTACT INFORMATION
Sarkli/Repêchage Ltd.
300 Castle Road
Secaucus, NJ 07094