Terms of service
Terms of Use
This website is operated by Rayviant Inc. Throughout the site, the terms “we”, “us” and “our” refer to Rayviant Inc. By visiting our site and/or purchasing something from us, you agree to be bound by the following terms and conditions.
These terms and conditions (the “Terms”) apply to the website located at www.one80revolution.com and all associated sites (collectively, the “Site”) operated by Rayviant Inc. (hereinafter referred to as “Rayviant”). The following terms and conditions (“Terms”) govern your use of the Site.
By accessing, viewing, or using the content, material, products, or services available on or through the Site, you certify that you have read, understand, and agree to be legally bound by these Terms, as well as our Privacy Policy, each of which is incorporated by reference as if fully set forth herein. You further certify that you are 18-years of age or older and that you have all the necessary rights, power and authority to enter into this Agreement and perform the obligations set forth under this Agreement.
You understand and agree that your use of the Site or any content, material, products or services made available on or through the Site (collectively, the “Services”) signifies that you fully accept and agree to these Terms of Use.
Online Store Terms
By agreeing to these Terms, you confirm that you are at least the age of majority in your province, state, or country of residence.
Products & Orders
All products are subject to availability. We reserve the right to limit quantities or discontinue products at any time.
We make every effort to display product images and descriptions accurately; however, we cannot guarantee that your device will display colors exactly as intended.
In order to access certain content, material, or to purchase products on the Site, you may be asked to register and create an account. You are responsible for ensuring that your password and account login are kept secret, safe, and secure at all times. Rayviant will not be held responsible or liable for any misuse of your account in the event that a third party has access to and uses your password and account login in any way. As part of the registration and purchasing process, you may be asked to click to agree to these Terms, and may then be asked to select or submit a username and password. You may also be required to provide us with certain personal information about yourself including some types of personally identifiable information, including your legal name, phone number, billing address, shipping address, email address, payment details, gender, and age.
Additional information may be collected by Rayviant or its third-party providers at this time for security and anti-fraud purposes. You represent that the personal information you provide to us via the Site is true, valid, complete and up-to-date in all respects, and you confirm that you are the person referred to in the shipping (unless the item is a gift) and billing information provided. Should any of the information you provide on the Site change, please login to your account and update such information directly on the Site.
Any personal information that you provide to us via the Site is subject to our Privacy Policy.
Pricing & Payments
All prices are subject to change without notice.
We reserve the right to refuse or cancel any order at any time for any reason.
Applicable taxes may be added at checkout where required.
Shipping
Shipping times are estimates and may vary depending on location and carrier delays.
Once an order has been shipped, we are not responsible for delays caused by shipping carriers.
Returns & Refunds
Due to the nature of the product, returns are not accepted unless there is a manufacturing defect.
If your product arrives damaged or defective, please contact us as soon as possible with photos or a video. Approved claims will be eligible for replacement or refund.
Account Responsibility
You are responsible for maintaining the confidentiality of your account and password. We are not liable for any unauthorized use of your account.
Limitation of Liability
IN NO EVENT WILL RAYVIANT BE LIABLE FOR DAMAGES OTHER THAN ACTUAL AND DIRECT DAMAGES PROVEN IN A COURT OF LAW. IN NO EVENT SHALL RAYVIANT’S LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF RAYVIANT AND ITS LICENSORS SHALL NOT EXCEED TEN DOLLARS ($10).
Without limiting the foregoing, you understand and acknowledge that Rayviant shall not be liable to you for:
Any indirect, incidental, consequential, punitive, or exemplary losses which may be incurred by you arising out of your use of, or inability to use, the Site, including any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of data suffered by you; or
Any loss or damage which may be incurred by you as a result of: (i) any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Site; (ii) any changes that Rayviant may make to the Site); (iii) the deletion of, corruption of, unauthorized access to, or failure to store, any content and other communications data maintained or transmitted by or through your use of the Site; (iv) the use of any products or services obtained on or through the Site; or (v) any other matter relating to the Site, the Site Content, or the Comments.
The limitations on Rayviant’s liability to you in this Section shall apply whether or not Rayviant has been advised of or should have been aware of the possibility of any such losses arising.
IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICES, OR THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND SERVICES.
Indemnity
You agree to defend, indemnify and hold harmless Rayviant, its officers, directors, members, employees, agents, affiliates, licensors and suppliers, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Site; (ii) your violation of any of these Terms, including the Privacy Policy; (iii) your violation of any third party rights, including without limitation any copyright, intellectual property, or privacy rights; or (vi) the use by any other persons accessing this Site using your Internet account or account login. This defence and indemnification obligation will survive these Terms and your use of the Site. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate in all reasonable respects in such defence. You may not settle any claim contemplated in this Section without the prior written consent of Rayviant.
Changes to Terms
We reserve the right to update or modify these Terms at any time. Continued use of the site constitutes acceptance of any changes.
_____________________________________________________________
Links to Other Websites
The Site may contain links or references to other websites outside of our control. Links to other websites may use our Site logo or style as a result of a co-branding agreement. These websites may send cookies to you and may collect personally identifiable information about you and make use of that data in ways that this Site would not. Please be aware that Rayviant has no control over these websites and that these Terms of Use do not apply to any third-party sites. Rayviant cannot be held responsible for those sites or external sources, or for any damage or losses deriving from the use of the content, or goods and services available on those sites or external sources. Rayviant encourages you to read the privacy policies and terms of use linked or referenced in the websites you enter.
____________________________________________________________________________________________
Dispute Resolution
Any dispute arising out of these Terms shall be resolved exclusively through final and binding arbitration conducted by the Canadian Arbitration Association. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual; and an arbitrator must also follow the terms of these Terms, as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability and the scope or enforceability of this agreement to arbitrate shall be for a court of competent jurisdiction to decide. Arbitration shall take place in Toronto, Ontario, Canada unless Rayviant elects otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the Province of Ontario, Canada. The arbitrator shall not be bound by rulings in prior arbitrations involving different Site users, but is bound by rulings in prior arbitrations involving the same Site user to the extent required by applicable law. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. You and Rayviant shall be responsible for their own expenses with respect to all filing, administration, and arbitrator fees arising from such a dispute.
____________________________________________________________________________________________
Miscellaneous
These Terms, including the Privacy Policy, constitute the whole legal agreement between you and Rayviant and govern your use of the Site, and any transactions you may have with Rayviant through the Site and completely replaces and supersedes any prior agreements or understanding, arrangements, undertaking or proposal, written or oral, between you and Rayviant in relation to such matters. In the event any other rule, code of conduct, or other matter posted on the Site conflicts with the terms of these Terms, these Terms of Use shall govern. No oral explanation or oral information given by any party shall alter the interpretation of these Terms. Notwithstanding the foregoing, you understand that Rayviant may make changes to these Terms from time to time. Your continued use of the Site following the posting of changes to these Terms of Use will be considered your consent to those changes. When these changes are made, Rayviant will make a new copy of the Terms of Use available on the Site. You agree that Rayviant is under no obligation to provide you with notices regarding changes to the Terms of Use. You understand that it is your responsibility to check the Terms regularly for changes.
You agree that if Rayviant does not exercise or enforce any legal right or remedy which is contained in these Terms of Use (or which Rayviant has the benefit of under any applicable law), this will not be taken to be a formal waiver of Rayviant’s rights and that those rights or remedies will still be available to Rayviant. If any court of law, having the jurisdiction to decide a matter arising out of these Terms, rules that any provision of these Terms is invalid, then that provision will be removed from these Terms without affecting the rest of the Terms and the remaining provisions will continue to be valid and enforceable.
The Site is controlled and operated from within Canada. Without limiting anything else, Rayviant makes no representation that the Site, Site Content, Comments, Products, Information or other materials available on, in, or through the Site is appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own volition and are responsible for compliance with applicable laws.
____________________________________________________________________________________________
Contact Information
For any questions regarding these Terms, please contact us at:
support@one80revolution.com