Privacy Policy
Your privacy is important to us. RIMAN, INC., including all its subsidiaries and affiliates (“RIMAN, INC.,” “we,” “our,” and “us”), has created this Privacy Policy to help you become familiar with how we collect, use, disclose, share, and protect information that can reasonably be used to identify a natural person directly or indirectly (“Personal Information”). We encourage you to read this Privacy Policy in its entirety before using our Site or otherwise submitting Personal Information to us.
SCOPEThis Privacy Policy governs our practices with regards to Personal Information collected when you access or use the RIMAN, INC.® website (or any of our international websites or applications) and any products, services, software, tools, applications, features or functionality offered on or through the website or mobile application (including any RIMAN, INC. Independent Beauty Planner personal web pages provided through the website) (collectively, the “Site”). You may be accessing our Site from a computer or mobile phone device (for example, through an iPhone or iPad application) or through a RIMAN, INC. mobile application, and the provisions of this Privacy Policy apply to all such mobile access and use of mobile devices. From time to time, we may add additional products, services, software, tools, applications, features or functionality, offered through our websites or mobile applications as we expand our offerings, and this Privacy Policy will govern those new products, services, software, tools, applications, features, or functionality when added. If you provide Personal Information about yourself to us while using our Site, you consent to our collection, processing, use, and transfer of that information in accordance with this Privacy Policy and subject to applicable laws.
We also may interact with you on third-party websites where we post content or invite your feedback, including websites such as as Instagram, Facebook, and Tiktok (“Third-Party Sites”). Please read the privacy policies of those Third-Party Sites and social platforms because the information they collect, including the posts you publish, will be governed by their Privacy Policies respectively, except to the extent you provide or disclose your Personal Information to us via a private messaging function. In addition, if you access third party websites or applications (including by providing such third parties your RIMAN, INC. credentials), and share your Personal Information with such third parties, please read the privacy policies of those third parties to learn more about their collection, use, and sharing of your Personal Information.
PLEASE NOTE THAT THIS POLICY DOES NOT ADDRESS THE PRIVACY OR INFORMATION PRACTICES OF ANY THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, OUR INDEPENDENT BEAUTY PLANNERS.
UPDATES TO THIS PRIVACY POLICYBecause our business will continue to evolve, our policies will be reviewed and may be revised from time to time. We may change this Privacy Policy at any time and will notify you by posting an updated version of the Privacy Policy. We recommend that you review this Privacy Policy from time to time during visits to the Site and note any changes before your continued use of the Site. Your continued use of the Site after we post any revisions to this Privacy Policy constitutes your acceptance of the revised POLICIES AND PROCEDURES. It is your responsibility to periodically check this page so that you are aware of what information we collect, how we use it, and under what circumstances we might disclose it. The amended Privacy Policy will apply between us whether or not we have given you specific notice of any change. By using the Site, you agree to the terms of this Privacy Policy and our POLICIES AND PROCEDURES. If you do not agree to the terms of this Privacy Policy and our POLICIES AND PROCEDURES, please do not use the Site.
INFORMATION COLLECTED ABOUT YOUWe collect the following types of Personal Information in order to provide you with the use of the Site and to help us personalize and improve your experience.
HOW WE USE PERSONAL INFORMATIONOur primary purpose in collecting Personal Information is to provide you with a secure, smooth, efficient, and customized experience. We may use your Personal Information to:
HOW WE SHARE PERSONAL INFORMATION WITH OTHER THIRD PARTIESWe may share the Personal Information we collect from you, including your name, contact details, and transactions and activities, in connection with:
OUR USE AND YOUR CHOICES REGARDING COOKIES AND OTHER TRACKING TECHNOLOGIESLike many other websites and applications, our Site may, directly or through trusted third parties, use cookies, pixels, or similar tracking technologies (collectively, “Tracking Technologies”) for the purposes described in this section and elsewhere in this Privacy Policy.
This section helps you understand what Tracking Technologies are, how we use them, and the options that you have.
What are Cookies and Pixels?: Cookies are a type of technology that installs a small amount of information on a user’s computer or other device when they visit a website. Cookies permit a website to, for example, recognize future visits using the same computer or device. Tracking pixels are tiny, transparent graphics with a unique identifier, similar in function to cookies, and are used to provide analytical information concerning the user experience as well as to support customization of our marketing and advertising activities. In contrast to cookies, which are stored on a user’s computer hard drive, tracking pixels are embedded invisibly on web pages.
How do we use Tracking Technologies?: The Site may use Tracking Technologies to gather information, customize your visit, and enable us to enhance our services (including through personalized advertisement.) For example, we use Tracking Technologies to recognize you as a previous user of the Site so you do not have to enter your Personal Information every time, and to offer you personalized content. We may use the information gathered through Tracking Technologies to create aggregate tracking information reports regarding user demographics, traffic patterns, and purchases. In some cases, we may link tracking information with Personal Information. We may also use these technologies to help us better manage content, such as by improving the user interface. Finally, we also use these technologies (directly or through service providers) to build a better picture of the type of offers and products that you might be interested in, for location-based advertising (including through push notifications as described below), cross-device matching, and interest-based advertising.
TRANSFER OF INFORMATION OUTSIDE YOUR HOME COUNTRYBecause RIMAN, INC. is headquartered in the United States, we may transfer information collected from our non-U.S. customers to the U.S. similarly, we may also transfer our customer information (regardless of where you live) to other countries or places in which we maintain offices or do business, including Korea, Canada, and Japan. By using a RIMAN, INC. website or application or by otherwise doing business with RIMAN, INC., you are agreeing to allow us to transfer your information outside your home country and to process it inside the United States or elsewhere for the purposes stated in this Privacy Policy.
LAW ENFORCEMENT; EMERGENCIES; COMPLIANCENotwithstanding any other provision of this Privacy Policy to the contrary, we reserve the right to disclose your Personal Information to others as we believe to be appropriate: (a) to comply with legal process; (b) to respond to governmental requests; (c) to enforce our POLICIES AND PROCEDURES; (d) to protect our operations; (e) to protect the rights, privacy, safety or property of RIMAN, INC., you or others; and (f) to permit us to pursue available remedies or limit the damages that we may sustain. We may disclose any information we deem necessary, in our sole discretion, to comply with any applicable law, regulation, legal process, or governmental request. We may also exchange information, including Personal Information, with other companies and organizations for credit protection and risk reduction.
CHILDREN UNDER 13Our Site is not directed to and we do not knowingly collect information from children under thirteen (13). Under our POLICIES AND PROCEDURES, children are not permitted to use our Site or services.
LINKSThe Site may contain links to third-party websites. These linked sites are not under RIMAN, INC.’ control and we are not responsible for the privacy practices or the contents of any such linked site, or any link contained in any linked site. We provide such links only as a convenience, and the inclusion of a link on the Site does not imply endorsement of the linked site by RIMAN, INC.. If you provide any Personal Information through any such third-party website, your transaction will occur on the third-party’s website (not the Site) and the Personal Information you provide will be collected by and controlled by the privacy policy of that third party. We recommend that you familiarize yourself with the privacy policies and practices of any third parties.
HOW WE SECURE YOUR INFORMATIONWe realize that our customers trust us to protect their Personal Information. We take that task seriously. We maintain physical, electronic, and procedural safeguards to protect your Personal Information. We implement various security measures and tools, such as firewalls, to help protect against the loss, misuse, and alteration of the information under our control. For example:
MEASURES YOU CAN TAKEIt is important for you to play a role in keeping your information safe and secure. When signing up for an online account, please be sure to choose an account password that is hard for others to guess and never reveal it to anyone else. If you use a shared or public computer, never choose to have your login ID or password remembered and make sure to log out of your account every time you leave the computer.
UPDATING AND ACCESSING YOUR INFORMATIONYou have the ability to change and/or correct the Personal Information that you provide us by emailing us at [email protected]. Under applicable law, you may have the right to ask in writing whether we hold any Personal Information about you, to see that information, and request additional details as to how we collect, use or disclose your Personal Information. We may not be able to provide you with all the information that you request, depending on the circumstances, and there may be a charge for any copy of Personal Information requested. You may request that we deactivate your account by emailing us at [email protected].
Please note that we may need to retain certain information for record-keeping purposes, and there may also be residual information that will remain within our databases and other records, which applicable law may allow us to retain. We may contact former users of the Site who have not explicitly withdrawn consent to such communications in accordance with applicable laws.
You may withdraw your permission to collect, use, and disclose your Personal Information at any time, subject to legal and contractual restrictions and reasonable notice. However, without your permission, we may not be able to provide you with the products or services you have requested.
OPT-OUT FOR MARKETING & PROMOTIONAL CORRESPONDENCEYou may opt-out of receiving future emails from RIMAN, INC.. Please note that this opt-out only applies to RIMAN, INC. promotional emails. You may opt-out of receiving Promotional Emails by using the opt-out mechanism in the footer of the email itself or by emailing us at [email protected].
We will endeavor to comply with your request as soon as reasonably practicable. Please note that opting-out as described above will not remove your information from our databases or the databases of Independent Beauty Planners or third parties. If you wish to cease receiving marketing-related emails from such Independent Beauty Planners or third parties, please contact such Beauty Planners or third parties directly or utilize any opt-out mechanisms set forth in their respective privacy policies or marketing-related emails.
FOR CALIFORNIA RESIDENTSThis section describes how we handle the Personal Information of California residents. It describes how we collect and process such information in the context of providing services and selling goods to the extent the obligations imposed by the California Consumer Privacy Act of 2018 (“CCPA”) apply to such information (hereinafter, CCPA Related Personal Information). This section also notifies California residents of their rights and obligations under the CCPA.
Capitalized terms not defined in this section shall have the meaning provided to them by the CCPA.
Notice at CollectionWe collect the following categories of CCPA Related Personal Information from you:
Collection and Sharing Practices in the Last Twelve (12) MonthsIn the last twelve (12) months, we have collected CCPA Related Personal Information for all of the categories outlined in the Notice at Collection section as described above.
We collected such information from the sources described in our Privacy Policy. For example, we have collected CCPA Related Personal Information:
Your Rights Under California LawIf you are a California resident, you have the following rights under the CCPA:
Right to Know: You have the right to request that we disclose to you: (1) the specific Personal Information we collected about you; (2) the categories of Personal Information collected or shared; (3) the purposes for which we collected or shared your Personal Information; and (4) the categories of third parties to whom we have disclosed your Personal Information.
Right to Delete: You have the right to request deletion of the Personal Information that we received from you. As a general rule, we must delete the Personal Information at your request and require our vendors to do so as well. However, the law provides certain exceptions that allow us to retain the information even if you have requested that it be deleted. If we do not erase the information pursuant to one of those exceptions, we must inform you of that fact and of any rights you may have to appeal our decision. Information on how to submit a request to us is provided below.
In addition, if you are a California resident, you may:
NEVADA RESIDENTSNevada law allows customers to “opt-out” of the sale of certain Personal Information, called “covered information.” Although we do not “sell” “covered information” of Nevada “consumers” as those terms are defined by Chapter 603A of the Nevada Revised Statutes, you may contact us by email at [email protected] and provide your name, Nevada resident address, and email address to be verified and exercise your opt-out rights in the event we do sell covered information under that law in the future. If your contact information changes at any point, contact us in the same manner to update your contact information. For more information about our data collection and sharing practices, please review this Privacy Policy. We may share your data as explained in this Privacy Policy for different purposes, such as to make your experience and our services better, and those activities are separate from the opt-out request.
SOCIAL COMMERCE AND OTHER THIRD PARTIESWe work with trusted third parties, including social network sites such as Facebook, and with applications and developers who specialize in social commerce, so that we can connect to your social networks. Other social networks we use include Twitter, Pinterest, Instagram, Vine, and YouTube. All of these companies operate Third-Party Sites. We provide access to our Site by third parties and business partners so that we can generate interest in our products among members of your social networks and to allow you to share product interests with friends in your network. The use of any features made available to you on our Site by a third party may result in information being collected or shared about you by the third party or by us. If you do not want us to be able to access information about you from Third-Party Sites, you must instruct Third-Party Sites not to share the information. We cannot control how your data is collected, stored, used, or shared by Third-Party Sites or to whom it is disclosed. Please be sure to review the privacy policies and privacy settings on your social networking sites to make sure you understand the information they are sharing. If you do not want a Third-Party Site to share information about you, you must contact that site and determine whether it gives you the opportunity to opt-out of sharing such information. RIMAN, INC. is not responsible for how these third parties may use information collected from or about you. However, we do identify any areas on our Site where third parties share information about you.
OTHER INFORMATIONThe Site is controlled and operated by RIMAN, INC. from the United States and is not intended to subject RIMAN, INC. to the laws or jurisdiction of any state, country, or territory other than that of the United States. RIMAN, INC. does not represent or warrant that the Site, or any part thereof, is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules, and regulations. We may limit the Site’s availability, in whole or in part, to any person, geographic area, or jurisdiction we choose, at any time and in our sole discretion.
CONTACT USIf you have any questions, comments, concerns, or complaints about the Site’s privacy practices, please contact us by email at [email protected] or visit the Contact Us section of our website. Please note that email communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your email correspondence with us.
PLEASE READ THESE TERMS OF USE AND THE PRIVACY POLICY, LOCATED AT WEBSITE FOOTER (“PRIVACY POLICY”), BEFORE USING THIS WEBSITE OR PURCHASING ANY PRODUCT OR SERVICES FROM RIMAN, INC..
These Terms of Use are an agreement (the “Agreement”) between RIMAN, INC.(“Company”, “we” or “us”) and you (“you” or “User”). This Agreement sets forth the legal terms and conditions governing your use of this website (the “Site”) and your purchase and/or use of any RIMAN, INC. goods, services (collectively referred to hereinafter as, “Offerings”). This Agreement also provides information on how to become an RIMAN, INC. Beauty Planner or RIMAN, INC. Beauty Customer.
Your use of the Site and all information, data, text, software, information, images, sounds or other materials contained therein, or your use or purchase of any other Offerings confirms your unconditional agreement to be bound by this Agreement and is subject to your continued compliance with the terms and conditions of this Agreement. If you do not agree to be bound by this Agreement, do not access or otherwise use the Site or participate in any of the Offerings.
This Agreement and the RIMAN, INC. Privacy Policy and any other terms and policies incorporated herein by reference (collectively, the “Other Policies”), constitute the entire agreement between you and us pertaining to the subject matter hereof and supersede all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. No waiver of any of the provisions of this Agreement shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall any such waiver constitute a continuing waiver unless otherwise expressly provided.
The information and features included in this Site are subject to change at any time without notice. By accessing or linking to this Site (to the extent linking is permissible), you assume the risk that the information on this Site may be changed or removed.
1. MODIFICATIONSWe reserve the right at any time to:
Change the terms and conditions of this Agreement;
Enhance, add to, modify or discontinue the Site or other Offerings, or any portion of the Site or other Offerings, at any time in our sole discretion.
From time to time, we reserve the right, in our sole discretion, to modify, update, add to, discontinue, remove, revise or otherwise change any portion of this Agreement, in whole or in part, at any time. For changes to this Agreement that we consider to be material, we will place a notice on the Site by revising the link on the homepage to read substantially as “Updated Terms of Use” for a reasonable amount of time. If you provide information to us, access or use the Site or participate in any Offering in any way after this Agreement has been changed, you will be deemed to have read, understood and consented to and agreed to such changes. The most current version of this Agreement will be available on the Site and will supersede all previous versions of this Agreement.
2. ACCESSYou must obtain access to the Internet and may pay any service fees associated with such access to use the Site If you are Beauty Planner. In addition, you must provide all equipment necessary for you to access the Internet. You are and will remain solely responsible for the purchase, hookup, installation, loading, operation and maintenance of any hardware, software, telephone (cable or other) service, and the Internet access service to your personal computer and for all related costs. You are solely responsible for scanning your hardware and software for computer viruses and other related problems before you use them. We expressly disclaim, subject to Section 16 of this Agreement, any liability or responsibility for any errors or failures relating to the malfunction or failure of your hardware or software in connection with the use of the Site or Offerings.
3. ELIGIBILITYYou represent and warrant that you are eighteen (18) years of age or older, or if you are under the age of eighteen (18) you are at least the age of thirteen (13) and are accessing the Site with the knowledge and consent of your parent or legal guardian, who will also be deemed to have agreed to this Agreement. Certain features on this Site (including, but not limited to, user registration) and certain Offerings may be subject to heightened age and/or other eligibility requirements.
RIMAN, INC. products and the RIMAN, INC. business opportunity cannot be offered, shipped into or sold in any country outside of those countries that are previously authorized by RIMAN, INC.. For a list of such countries, please click here: Authorized Countries. RIMAN, INC. is expanding its sales into other markets, accordingly please check for updates periodically.
4. BECOMING AN RIMAN, INC. BEAUTY CUSTOMER OR BEAUTY PLANNERRIMAN, INC.® products and services are sold through RIMAN, INC.’s network of Beauty Planners. To purchase RIMAN, INC.® goods or services, you do not have to become a Beauty Planner. Instead, you can purchase RIMAN, INC.® products from a Beuaty Planner or become an RIMAN, INC. Beauty Customer. If you are interested in purchasing products from a Beauty Planner or becoming a Beauty Customer, please see the Product section of the Site. If, however, you are interested in starting your own business as an RIMAN, INC. Beauty Planner, please see the Business Opportunity section of the Site.
5. RIMAN, INC. Retail CUSTOMER, BEAUTY CUSTOMER AND Beauty Planner REFUND POLICIESRetail Customer and Beauty Customer Refund Policy
RIMAN, INC. guarantees the quality of any product which carries the RIMAN, INC. name and certifies that the products manufactured for it meet high standards of freshness and purity for customer use. We are confident that our customers will find our products satisfactory in every way. However, if for any reason, a retail customer or Beauty Customer is not completely satisfied with any RIMAN, INC. product purchased directly from RIMAN, INC. or an RIMAN, INC. Beauty Planner, you may return it within 30 days from receipt for a full refund or product exchange. Refunds and exchanges may be obtained by following the instructions available at riman.com or by calling 213-988-6050 or by contacting your RIMAN, INC. Beauty Planner. This guarantee is limited, subject to Section 16 of this Agreement, only by the terms of certain specific warranties attached to or packaged with certain products and does not apply to any product intentionally damaged or misused.
Beauty Planner Refund Policy
If Beauty Plannership is canceled for any reason, Beauty Planner may return all unopened products that were purchased in the previous 12 months for a full refund. To obtain a refund, Beauty Planner may call RIMAN, INC. at 213-988-65050 or submit the refund form available at riman.com
6. INFORMATION AND PRIVACYIf you provide information to the Site, you agree to provide accurate, current and complete information where requested and you agree to maintain and update such information as appropriate. We will use and maintain personal information that we collect through the Site in accordance with our Privacy Policy.
7. USER FORUMSForums, bulletin boards, chat rooms or other interactive areas that are or may be offered on the Site (“User Forums”) are provided to give users a forum to express their opinions and share their ideas and information. The individual who posts content in the User Forums (“Community Content”) is responsible for the reliability, accuracy, and truthfulness of such content, and we have no control over the same. Additionally, we have no control over whether any such posted material is of a nature that users will find offensive, distasteful, or otherwise unacceptable and expressly disclaim any responsibility for such material.
We do not and cannot review every message posted by users in the User Forums and are not responsible for the content of these messages or the views or opinions expressed by the users of the User Forums. Information disclosed in the User Forums is by design revealed to the public. We reserve the right, but are not obligated, to delete, move or edit content, in whole or in part, submitted by you to the Site for any reason in our sole discretion. In addition, we may delete, move, edit or disclose the contents of messages when it is required to do so by law or in a good faith belief that such action is necessary to protect and defend our rights and property or to protect the safety of our users or the public. In no event do we assume any obligation to monitor the User Forums or remove any specific material.
You understand that the uploading to and/or posting of any Community Content in any User Forum shall not be subject to any obligation of confidentiality on the part of Company, and we shall not be liable, subject to Section 16 of this Agreement, for any use or disclosure of any Community Content.
(a) Restrictions on Use
In consideration for your use of the User Forums and functionality, you agree to comply with the “Community Guidelines” set forth below. Without limiting our other rights and remedies, individuals who violate the following Community Guidelines may, at our sole discretion, be permanently banned from using the Site:
harass, stalk or otherwise abuse another user;
transmit, post, send, upload, distribute, submit or otherwise make available any content that suggests that participating in the RIMAN, INC. opportunity will result in a lavish lifestyle, including the following, or any substantially similar images: opulent mansions, private helicopters, jets, or yachts; or exotic automobiles.
transmit, post, send, upload, distribute, submit or otherwise make available any content that is false, harmful, threatening, abusive, tortious, defamatory, libelous, disparaging (including disparaging of RIMAN, INC.), vulgar, obscene, pornographic or that promotes violence, racial hatred, terrorism or illegal acts, or is otherwise objectionable (as determined by us in our sole discretion);
transmit, post, send, upload, distribute, submit or otherwise make available any content which is or could be detrimental to or which may otherwise diminish, damage or weaken the reputation or image of RIMAN, INC., its products, Beauty Planner, trademarks, trade names or goodwill.
transmit, post, send, upload, distribute, submit or otherwise make available any content that is unlawful or infringes, violates or misappropriates any patent, trademark, trade identity right, trade secret, publicity right, privacy right, copyright or any other intellectual property or any other rights of any third party.
transmit, post, send, upload, distribute, submit or otherwise make available any viruses, Trojan horses or other harmful, disruptive or destructive files or material that interferes with any third party’s use and enjoyment of the Site.
impersonate any person or entity, or otherwise disguise the origin of any content transmitted through the Site or to RIMAN, INC., including forging any TCP/IP packet header or any part of the header information in any transmission to the Site for any reason.
transmit, post, send, upload, distribute, submit or otherwise make available through the Site any personal advertising, junk mail, spam, chain letters, pyramid schemes or offer for sale of any products or services, except in areas, if any, specifically designated for such purposes or violate any applicable local, state, federal or international law, rule or regulation.
participate in any part of the Site if you are under the age of 18.
transmit, post, send, upload, distribute, submit or otherwise make available through the Site any content containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You also hereby acknowledge that you are prohibited from soliciting other guests to join or become members of any commercial online service or other organization.
collect or harvest the information of any user or otherwise access the Site using automated means (including but not limited to harvesting bots, robots, spiders or scrapers).
“frame”, “mirror” or “deep link” any part of the Site or other Offerings without our prior written authorization.
link to any page within the Site or other Offerings from any web site or web page that makes any claims as to the curative or health enhancing powers of any substance, whether or not such substance is produced, marketed, sold or distributed by us.
We do not endorse the Community Content in the User Forums and specifically disclaim any responsibility or liability, subject to Section 16 of this Agreement, to any person or entity (including, without limitation, persons who may use or rely on such material) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any Community Content provided through a User Forum. By posting or uploading Community Content to any User Forum or submitting any other Community Content to us, you automatically grant (or warrant that the owner of such rights has expressly granted) us a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, sub-license, create derivative works from and distribute such materials or incorporate such Community Content into any form, medium, or technology now known or hereafter devised throughout the universe in perpetuity. In addition, you warrant that the content as uploaded or posted by you does not violate any person’s so-called publicity rights or “moral rights” or other similar or analogous rights under any applicable laws in any country or region of the world.
8. USE OF E-MAIL ADDRESSES PROVIDED BY THE SITEWhen using any e-mail address, or e-card/e-message functionality, provided to you on or through the Site or other Offerings, you agree to use such email address in accordance with all applicable laws and not to transmit to any person or entity.
any content that violates the Community Guidelines set forth above with respect to the User Forums or that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, vulgar, obscene, harmful, harassing, tortious, invasive of another’s privacy, hateful, or is racially, ethnically or otherwise objectionable, or is subject to an agreement of confidentiality, or infringes upon our or any third party’s intellectual property or other rights.
any non-public information about any company;
any trade secret or any computer code, files or programs (for example, a computer virus) designed to interrupt, destroy, compromise the security of or limit the functionality of any device.
Spamming is strictly prohibited. Spam is defined for this purpose as sending an unsolicited message to any persons, entities, newsgroups, forums, e-mail lists or other groups or lists unless prior authorization has been obtained from the e-mail recipient which explicitly permits sending e-mail communication to them, or unless a business or personal relationship has already been established with the e-mail recipient. IF YOU ARE “SPAMMED” BY SOMEONE WHO IS SELLING OR DESCRIBING RIMAN, INC.’S PRODUCTS OR BUSINESS OPPORTUNITY, PLEASE CONTACT US PROMPTLY.
The use of false headers in e-mails or falsifying, forging or altering the origin of any e-mail in connection with RIMAN, INC. and/or its products and services is prohibited.
If a person or entity indicates that they do not want to receive e-mail, you agree not to send e-mail to such person or entity. If a person initially agrees to receive e-mail, but later asks to stop receiving e-mail, you must abide by that request.
RIMAN, INC. prohibits engaging in any of the foregoing activities, yourself or through the service of another provider, remailer service or otherwise.
9. OUR PROPRIETARY RIGHTSThis Site and all of the content it contains, or may in the future contain, including but not limited to articles, opinions, other text, directories, guides, photographs, illustrations, images, video and audio clips and advertising copy, as well as the trademarks, copyrights, logos, domain names, code, trade names, service marks, patents and any and all copyrightable material (including source and object code) and/or any other form of intellectual property (collectively, the “Material”) are owned by or licensed to us or other authorized third parties and are protected from unauthorized use, copying and dissemination by copyright, trademark, publicity and other laws and by international treaties. Unless expressly permitted in writing by us, you shall not capture, reproduce, perform, transfer, sell, license, modify, create derivative works from or based upon, republish, reverse engineer, upload, edit, post, transmit, publicly display, frame, link, distribute, or exploit in whole or in part any of the Material. Nothing contained in this Agreement or on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Material in any manner without the prior written consent of us or such third party that may own the Material or intellectual property displayed on the Site.
UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, PUBLICATION, REPUBLICATION, UPLOADING, FRAMING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER MISUSE OF ANY OF THE MATERIAL IS STRICTLY PROHIBITED.
Any use of the Material other than as permitted by this Agreement will, subject to Section 16 of this Agreement, constitute a violation of this Agreement and may constitute copyright and/or patent infringement. You agree not to use the Material for any unlawful purposes and not to violate our rights or the rights of others. You agree not to interfere or permit any third party to interfere with the normal processes or use of the Site by other users, including without limitation by attempting to access administrative areas of the Site. You are advised that we will aggressively enforce our rights to the fullest extent of the law. We may add, change, discontinue, remove or suspend any of the Material at any time, without notice and without liability. RIMAN, INC., our logo, and the name of the products produced, marketed, sold or distributed by the RIMAN, INC., are trademarks and/or service marks of RIMAN, INC. International of America, Inc., or its affiliates. All other trademarks, service marks, and logos used on the Site or other Offerings are the trademarks, service marks or logos of their respective owners.
10. MEMBERSHIP AND REGISTRATIONCertain areas of the Site may require registration or may otherwise ask you to provide information to participate in certain features or to access certain content. The decision to provide this information is purely voluntary and optional; however, if you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Site.
If you register with the Site, you agree to accept responsibility, subject to Section 16 of this Agreement, for all activities that occur under your account, email or password, if any, and agree you will not sell, transfer or assign your membership, any membership rights or any Site issued email address or e-card/e-message functionality. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that others may not access the password protected portion of the Site or your Site issued email account using your name in whole or in part. We may, in our sole discretion, and at any time, with or without notice, terminate your access and membership, for any reason or no reason at all.
11. IDEA SUBMISSIONSWe are pleased to hear from users and welcome your comments regarding RIMAN, INC.’s services and products. Nevertheless, our long-standing company policy does not allow it to accept or consider creative ideas, suggestions, or materials other than those it has specifically requested (see below). While we value your feedback on our services and products, we request that you be specific in your comments on those services and products, and that you not submit any creative ideas, suggestions, or materials. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by us or our affiliates’ professional staff might seem to others to be similar to their own creative work. Accordingly, we ask that you do not send us any original creative materials such as show designs, photographs, drawings, or original artwork.
If you send or post certain specific submissions at our request (e.g., via message boards or in connection with contests) or if you send us creative suggestions, ideas, notes, photographs, drawings, concepts, or any other information (each, a “Submission” and collectively, the “Submissions”) despite our request that you not send us any unsolicited Submissions or other creative materials, the Submission will be treated as non-confidential and non-proprietary in each instance. For purposes of this Paragraph, all Community Content shall be deemed included in the definition of Submissions. None of the Submissions shall be subject to any obligation of confidence on the part of us, and we shall not be liable for any use or disclosure of any Submissions. Any Submission may be used by us without restriction for any purpose whatsoever, including, without limitation, reproduction, disclosure, transmission, publication, broadcast or posting, and you hereby irrevocably waive, release and give up any claim that any use of such Submission violates any of your rights, subject to Section 16 of this Agreement, including, without limitation, copyrights, trademarks, moral rights, privacy rights, proprietary or other property rights, publicity rights, or right to credit for the material or ideas. We shall have and are irrevocably granted the right, but not the obligation, to reproduce, modify, adapt, publish, broadcast, license, perform, post, sell, translate, incorporate, create derivative works from, distribute and otherwise use the Submission in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, without according you any compensation or credit. By submitting a Submission to this Site or us, you represent that such Submission is original with you and does not violate or infringe upon the rights of any third parties, including, without limitation, any intellectual property rights and rights of publicity and/or privacy. All Submissions to the Site and/or us shall be our sole property and will not be acknowledged or returned. You agree and understand that we are not obligated to use any Submission you make to the Site or us and you have no right to compel such use. You hereby acknowledge and agree that your relationship with us is not a confidential, fiduciary, or other special relationship, subject to Section 16 of this Agreement, and that your decision to submit any material to us does not place us in a position that is any different from the position held by members of the general public with regard to your Submission. You understand and acknowledge that we have wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to us or being developed by our own employees. Many ideas or stories may be competitive with, similar or identical to your Submission in theme, idea, plot, format or other respects. You acknowledge and agree that you will not be entitled to any compensation as a result of our use of any such similar or identical material. Finally, you acknowledge that, with respect to any claim you may have relating to or arising out of an actual or alleged exploitation or use of any material you submit to the Site and/or us, the damage, if any, thereby caused will not be irreparable or otherwise sufficient to entitle you to injunctive or other equitable relief or to in any way enjoin the production, distribution, exhibition or other exploitation of any production based on or allegedly based on the material, and your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law, subject to Section 16 of this Agreement.
12. COPYRIGHTS AND COPYRIGHT AGENTRIMAN, INC. respects the intellectual property of others and we ask our users to do the same. In accordance with the Digital Millennium Copyright Act, RIMAN, INC. has designated a Copyright Agent to receive notice of claims of copyright infringement on the Site. RIMAN, INC.’s Copyright Agent may be reached at [email protected].
If you believe that any Community Content infringes the copyright in a work that is owned or controlled by you or if you believe that your work has been copied in a way that constitutes copyright infringement, please promptly provide RIMAN, INC.’s Copyright Agent the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
A description of the copyrighted work that you claim has been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works.
The exact URL or a description reasonably sufficient to permit RIMAN, INC. to locate where the alleged infringing material is located on the Site;
Your name, address, telephone number and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law and does not qualify as fair use.
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are either the copyright owner or authorized to act on the copyright owner’s behalf.
13. PROMOTIONSThis Site may contain sweepstakes, contests or other promotions that require you to send material or information about yourself. Please note that sweepstakes, contests or promotions offered via the Site may be, and often are, governed by a separate set of rules that, in addition to describing such sweepstakes, contest or promotion, may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the use of material you submit, and disclosures about how your personal information may be used. It is your responsibility to read such rules to determine whether or not you want to and are eligible to participate, register and/or enter. By entering any such sweepstakes, contest or other promotion, you agree to comply with abide by such rules and the decisions of the sponsor(s) identified therein, which shall be final and binding in all respects.
14. LINKSWe may provide links to third party web sites or resources. Our provision of such links is not an endorsement of any information, product or service reached through such link. We are not responsible for the content or performance of any portion of the Internet including other World Wide Websites to which the Site may be linked for from which the Site may be accessed. You are requested to inform us of any errors or inappropriate material found on Websites to which this Site is or may be linked.
15. ERRORSAlthough we attempt to maintain the integrity of the Site and other Offerings, we make no guarantee as to the accuracy or completeness of the Site or other Offerings. If you believe that you have discovered an error in the Site or other Offerings, please contact us at [email protected] and include, if possible, a description of the error, its URL location and your contact information. We will make reasonable efforts to address your concerns.
16. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITYYOU UNDERSTAND AND AGREE THAT THIS SITE AND ALL MATERIAL AND INTELLECTUAL PROPERTY CONTAINED ON IT ARE DISTRIBUTED “AS IS” “AS AVAILABLE” “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.
YOU AGREE THAT WE AND OUR PARENTS, AFFILIATES, SUBSIDIARIES, LICENSORS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS AND DIRECTORS (COLLECTIVELY, THE “RELEASED PARTIES”), ARE NOT LIABLE TO YOU FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OR RESULTING IN ANY WAY FROM OR IN CONNECTION WITH THIS SITE, THE OFFERINGS, THE USER FORUMS, THE MATERIAL, OR ANY ERRORS OR OMISSIONS IN ITS TECHNICAL OPERATION OR THE MATERIAL, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, THIS SITE OR ITS RELATED INFORMATION OR PROGRAMS.
NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL THE RELEASED PARTIES BE LIABLE TO YOU FOR ANY REASON OR ANY CAUSE OF ACTION WHATSOEVER IN AN AMOUNT GREATER THAN FIFTY DOLLARS ($50). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, AND/OR THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MIGHT NOT APPLY TO YOU.
We make no representation or warranty whatsoever regarding the completeness, accuracy, currency or adequacy of any information, facts, views, opinions, statements or recommendations contained on this Site, in any Offering and/or the Material. Reference to any product, process, publication or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by us. Views and opinions of users of this Site do not necessarily state or reflect those of RIMAN, INC.. Users are responsible for seeking the advice of professionals, as appropriate, regarding the information, opinions, advice or content available at this Site.
The Internet may be subject to breaches of security. We are not responsible for any resulting damage to any user’s computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. You should also be aware that email submissions over the Internet may not be secure, and you should consider this before submitting any information to anyone over the internet. We make no representation or warranty whatsoever regarding the suitability, functionality, availability or operation of this Site. This Site may be temporarily unavailable due to maintenance or malfunction of computer equipment.
BY ACCESSING THIS SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
NOTICE TO NEW JERSEY RESIDENTS:
Your rights are protected under the Truth-in-Consumer Contract, Warranty and Notice Act and New Jersey law generally. The following provisions in these Terms of Use do not apply to you and are not intended to vary, diminish or alter your rights under New Jersey law: specifically,
nothing in these Terms of Use limits, varies, diminishes, affects, or otherwise voids or alters your rights under New Jersey law as they relate to limitations of liability or exculpation (including, but not limited to, limitations on indirect, incidental, special, exemplary, consequential or similar damages), dispute resolution, indemnification, venue or jurisdiction, statutes of limitation or repose periods for bringing claims, plain language requirements, representations and warranties of any type or nature (including, but not limited to, conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement), contract remedies, personal injury, tort and negligence claims, conditions of sale, fee-shifting provisions, waiver of attorney fees and/or costs, and copyright.
Your rights regarding these specific provisions will be governed by New Jersey law. In the event of any conflict between these Terms of Use and New Jersey law, New Jersey law shall govern.
17. INDEMNIFICATIONBY USING THIS SITE YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE RELEASED PARTIES HARMLESS FROM AND AGAINST ANY THIRD PARTY CLAIMS, ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, ARISING OUT OF OR RELATING TO: YOUR BREACH OF YOUR REPRESENTATIONS, WARRANTIES, COVENANTS OR AGREEMENTS HEREUNDER; YOUR VIOLATION OF THIS AGREEMENT OR ANY LAW; YOUR USE OF THIS SITE AND/OR THE MATERIAL IN VIOLATION OF THIS AGREEMENT; INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR COMPUTER OR MEMBERSHIP OR DISTRIBUTORSHIP ACCOUNT, EVEN IF NOT SUBMITTED BY YOU, THAT INFRINGES ANY COPYRIGHT, TRADEMARK, TRADE SECRET, TRADE DRESS, PATENT, PUBLICITY, PRIVACY OR OTHER RIGHT OF ANY PERSON OR DEFAMES ANY PERSON; ANY MISREPRESENTATION MADE BY YOU; AND/OR OUR USE OF YOUR INFORMATION. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN COMPANY’S DEFENSE OF ANY CLAIM. COMPANY RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT IN ANY EVENT SETTLE ANY SUCH MATTER WITHOUT OUR WRITTEN CONSENT, SUBJECT TO SECTION 16 OF THIS AGREEMENT.
18. TERMINATION; MODIFICATIONWe will determine, subject to Section 16 of this Agreement, your compliance with this Agreement in our sole discretion and our decision shall be final and binding. Any violation of this Agreement may result in restrictions on your access to all or part of the Site and may be referred to law enforcement authorities. No waiver of any of this Agreement shall be of any force or effect unless made in writing and signed by a duly authorized officer of RIMAN, INC.. We reserve the right to modify or discontinue this Site, or any portion thereof without notice to you or any third party. Upon termination of your membership, distributorship, or access to the Site, or upon demand by RIMAN, INC., you must destroy all materials obtained from this Site and all related documentation and all copies and installations thereof. You are advised that we will aggressively enforce our rights to the fullest extent of the law.
If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of this Agreement, which will remain in full force and effect. The section titles in this Agreement are for your convenience only and do not have any legal or contractual effect.
19. UNITED STATES LAWWe operate the Site in the United States. Information contained on this Site may not be appropriate or available for use in other locations, and access to this Site from territories where the content of the Site may be illegal is prohibited. If you choose to access the Site or other Offerings from locations outside of the United States, you are responsible for compliance with local laws if, and to the extent that, such local laws are applicable.
All software used on the Site or other Offerings is subject to U.S. export controls. No such software may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Burma, Democratic Republic of the Congo, Ivory Coast, Iraq, Libya, North Korea, Iran, Syria, Sudan, Venezuela or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using any such software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
We reserve the right, in our sole discretion, to limit the availability of the Site or other Offerings to any person, geographic area or jurisdiction at any time.
20. CHOICE OF LAW AND VENUEThe laws of the United States, State of California apply to this Agreement (without regard to California’s conflict of law principles that would cause the application of any other jurisdiction’s laws) and will specifically not be governed by the United Nations Conventions on Contracts for the International Sale of Goods, if otherwise applicable. Any dispute between you and us must be brought before state or federal courts located in Los Angeles County, California within ninety (90) days after the occurrence of the facts giving rise to the cause of action, otherwise the cause shall be forever barred. You hereby consent and submit to the exclusive personal jurisdiction and venue of the courts located in Los Angeles, California for any cause of action relating to or arising under this Agreement or the Site. This Section 20 applies subject to the provisions of Section 16 of this Agreement.
SCOPEThis Privacy Policy governs our practices with regards to Personal Information collected when you access or use the RIMAN, INC.® website (or any of our international websites or applications) and any products, services, software, tools, applications, features or functionality offered on or through the website or mobile application (including any RIMAN, INC. Independent Beauty Planner personal web pages provided through the website) (collectively, the “Site”). You may be accessing our Site from a computer or mobile phone device (for example, through an iPhone or iPad application) or through a RIMAN, INC. mobile application, and the provisions of this Privacy Policy apply to all such mobile access and use of mobile devices. From time to time, we may add additional products, services, software, tools, applications, features or functionality, offered through our websites or mobile applications as we expand our offerings, and this Privacy Policy will govern those new products, services, software, tools, applications, features, or functionality when added. If you provide Personal Information about yourself to us while using our Site, you consent to our collection, processing, use, and transfer of that information in accordance with this Privacy Policy and subject to applicable laws.
We also may interact with you on third-party websites where we post content or invite your feedback, including websites such as as Instagram, Facebook, and Tiktok (“Third-Party Sites”). Please read the privacy policies of those Third-Party Sites and social platforms because the information they collect, including the posts you publish, will be governed by their Privacy Policies respectively, except to the extent you provide or disclose your Personal Information to us via a private messaging function. In addition, if you access third party websites or applications (including by providing such third parties your RIMAN, INC. credentials), and share your Personal Information with such third parties, please read the privacy policies of those third parties to learn more about their collection, use, and sharing of your Personal Information.
PLEASE NOTE THAT THIS POLICY DOES NOT ADDRESS THE PRIVACY OR INFORMATION PRACTICES OF ANY THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, OUR INDEPENDENT BEAUTY PLANNERS.
UPDATES TO THIS PRIVACY POLICYBecause our business will continue to evolve, our policies will be reviewed and may be revised from time to time. We may change this Privacy Policy at any time and will notify you by posting an updated version of the Privacy Policy. We recommend that you review this Privacy Policy from time to time during visits to the Site and note any changes before your continued use of the Site. Your continued use of the Site after we post any revisions to this Privacy Policy constitutes your acceptance of the revised POLICIES AND PROCEDURES. It is your responsibility to periodically check this page so that you are aware of what information we collect, how we use it, and under what circumstances we might disclose it. The amended Privacy Policy will apply between us whether or not we have given you specific notice of any change. By using the Site, you agree to the terms of this Privacy Policy and our POLICIES AND PROCEDURES. If you do not agree to the terms of this Privacy Policy and our POLICIES AND PROCEDURES, please do not use the Site.
INFORMATION COLLECTED ABOUT YOUWe collect the following types of Personal Information in order to provide you with the use of the Site and to help us personalize and improve your experience.
- Information We Collect Automatically: When you use the Site, we collect information sent to us by your computer or mobile device. The information sent to us includes, but is not limited to, the following:
- Location, device, and connection information: We collect location data (including IP addresses), device and connection information (such as referral URL). Your Internet Protocol (IP) address is a number that is automatically assigned to the computer that you are using by your Internet Service Provider (ISP). This number is identified and logged automatically in our server log files whenever you visit the Site, along with the time(s) of your visit(s) and the page(s) that you visited. We use your IP address, and the IP addresses of all users, for purposes such as calculating Site usage levels, helping diagnose problems with the Site’s servers, analyzing trends, including suspicious activity detection and prevention, administering the Site, tracking traffic patterns, and gathering geographic information for aggregate use. Collecting IP addresses is standard practice on the Internet and is done automatically by many websites. If you access the Site or application via a mobile device such as a smartphone, the collected information may also include your device identifiers, location, and other similar mobile device data.
- Environmental Variables: We and our service providers may also collect certain environmental variables, such as your MAC address, computer type (Windows or Macintosh), screen resolution, OS version, internet browser, and internet browser version. These environmental variables are collected by most browsers, and will be used to optimize your experience on the Site.
- Cookies and other Tracking Technologies: We and our service providers use cookies, web beacons, and similar technologies to collect data while you use our Site. This data is typically collected from the devices (including mobile devices) that you use. Please see our section in Cookies and Other Tracking Technologies below for more information.
- Information You Provide To Us: We may collect and store any information you provide us when you use the Site. For example, when you decide to complete a user registration form, complete an online survey, or make a purchase, you may be asked to provide certain information such as your contact information (name, email address, mailing address, and telephone number). If you decide to place an order, we will also need to know your delivery and billing address, credit card number, and expiration date. Enrolling Independent Beauty Planners are also asked to provide their date of birth, Social Security number, and other Personal Information, which is required in order to begin a Beauty Plannership.We may also collect information from or about you from other sources, including through your contact with us, our Sales Support Department, or your results when you respond to a survey. Additionally, for quality and training purposes or for our own protection, we may monitor or record our telephone conversations with you or anyone acting on your behalf. By communicating with RIMAN, INC., you acknowledge that your communication may be overheard, monitored, or recorded without further notice or warning, to the extent permitted by applicable law.
When you make a purchase on our Site, We collect from you the information required to make a purchase — such as your full name, email address, credit card number, shipping, and billing addresses. If you change your mind about storing this information, you can email the Sales Support Department at [email protected] to amend or delete this information. If you would prefer that we not collect any such Personal Information from you, please do not provide us with any such information. Please note that, notwithstanding anything to the contrary herein, your credit card or debit card information (“Credit Card Holder’s Information” or “CCHI”) will be used for payment on the spot, and it may be kept in your account in a tokenized format for future payments or regular payments. RIMAN, INC. does not handle any CCHI on its own, and such CCHI is handled by external operators that manage the CCHI in accordance with the PCI data security standards and other industrial standards.
Please note that if you choose to share Personal Information about yourself in an open format, such as through a Third-Party Site like Facebook or Twitter, some of that information could be deemed public and may lose certain protections under applicable privacy laws. - Anonymous Data: Because Personal Information is information that can be associated with a specific person and can be used to identify that person, information that has been made anonymous so that it does not identify a specific user is not subject to this Privacy Policy. We may aggregate general information such as your geographic location, age group, gender, product and/or cosmetic concerns, and brands and products used. Such aggregated information does not constitute Personal Information of any specific user.
HOW WE USE PERSONAL INFORMATIONOur primary purpose in collecting Personal Information is to provide you with a secure, smooth, efficient, and customized experience. We may use your Personal Information to:
- Process transactions and send notices about your transactions. When you make a purchase through the Site, we may collect your credit card number or other payment account number, billing address, and other information related to such purchase (collectively, “Payment Information”) from you, and use such Payment Information in order to fulfill your purchase.
- Provide marketing information and newsletters to you regarding our products and promotions. If you prefer not to receive such emails, please see the section below entitled OPT-OUT FOR MARKETING& PROMOTIONAL CORRESPONDENCE. You may receive the benefit of hearing from RIMAN, INC. via postal mail or phone even if you have opted-out from receiving these marketing emails, unless you explicitly withdraw your consent to our use of your Personal Information as outlined in this Privacy Policy.
- Permit emails to friends. We may provide the functionality to permit you to send messages regarding Site-related content to a friend through the Site. If you wish to use this feature, you may provide us with your friend’s email address so that we can facilitate the sending of your message to your friend. Please note that you are responsible for ensuring you have obtained permission from your friend before sharing your friend’s information with us.
- Provide sales support.
- Send administrative communications regarding the Site, service-related announcements, etc., which are necessary to serve you, respond to your concerns, and provide the high level of customer service that RIMAN, INC. offers. Because this information is needed to enable your use of the Site, you may not opt-out of receiving such communications unless you close your account with us.
- Verify your identity, including during account creation and password reset processes.
- Manage risk, or to detect, prevent, and/or remediate suspicious account activity or other potentially prohibited or illegal activities.
- Manage and protect our information technology infrastructure.
- Contact you at any telephone number, by placing a voice call or through text (SMS) or email messaging, as authorized by applicable law, our POLICIES AND PROCEDURES, and the Beauty Planner Agreement.
- Provide targeted marketing and advertising, provide service update notices, and deliver promotional offers based on your communication preferences.
- Detect, prevent, or remediate violations of our POLICIES AND PROCEDURES or Policies and Procedures, as stated in the Beauty Planner Agreement.
HOW WE SHARE PERSONAL INFORMATION WITH OTHER THIRD PARTIESWe may share the Personal Information we collect from you, including your name, contact details, and transactions and activities, in connection with:
- Communications to Independent Beauty Planners: When you submit Personal Information on this Site, the information that you provide may be shared with Independent Beauty Planners if you choose to be associated with an Independent Beauty Planner. If you so choose, we may share your name, phone number, email address, and other Personal Information with Independent Beauty Planners, who may, in turn, share your Personal Information with their Upline organization (those Independent Beauty Planners who directly or indirectly sponsor the Independent Beauty Planner (an “Upline”)). Independent Beauty Planners may use this information for the purposes outlined in this Privacy Policy and the Beauty Planner Agreement, including to follow up on orders you placed on the Site or contact you with other special offers from RIMAN, INC..
- Emails to Friends: Please note that any Personal Information you provide in connection with sending messages regarding Site-related content to a friend through the Site, such as your name and your email address, will be disclosed to your friend.
- Assignment: We reserve the right to transfer any and all information that we collect from Site users to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of RIMAN, INC.’ business, assets or stock (including without limitation in connection with any bankruptcy or similar proceedings).
- Other Non-affiliated Parties, including service providers, such as:
- Suspicious Activity Prevention and Risk Management: to help prevent suspicious activity or assess and manage risk. For example, at the time of order, we may collect and share your email, phone number, billing and shipping addresses, and device information (including IP address and geographic location) with our service provider.
- Shipping: in connection with shipping products you may have ordered through the Site.
- Other Service Providers: to enable service providers under contract with us to support our business operations, such as bill collection, marketing, customer service, and technology services.
OUR USE AND YOUR CHOICES REGARDING COOKIES AND OTHER TRACKING TECHNOLOGIESLike many other websites and applications, our Site may, directly or through trusted third parties, use cookies, pixels, or similar tracking technologies (collectively, “Tracking Technologies”) for the purposes described in this section and elsewhere in this Privacy Policy.
This section helps you understand what Tracking Technologies are, how we use them, and the options that you have.
What are Cookies and Pixels?: Cookies are a type of technology that installs a small amount of information on a user’s computer or other device when they visit a website. Cookies permit a website to, for example, recognize future visits using the same computer or device. Tracking pixels are tiny, transparent graphics with a unique identifier, similar in function to cookies, and are used to provide analytical information concerning the user experience as well as to support customization of our marketing and advertising activities. In contrast to cookies, which are stored on a user’s computer hard drive, tracking pixels are embedded invisibly on web pages.
How do we use Tracking Technologies?: The Site may use Tracking Technologies to gather information, customize your visit, and enable us to enhance our services (including through personalized advertisement.) For example, we use Tracking Technologies to recognize you as a previous user of the Site so you do not have to enter your Personal Information every time, and to offer you personalized content. We may use the information gathered through Tracking Technologies to create aggregate tracking information reports regarding user demographics, traffic patterns, and purchases. In some cases, we may link tracking information with Personal Information. We may also use these technologies to help us better manage content, such as by improving the user interface. Finally, we also use these technologies (directly or through service providers) to build a better picture of the type of offers and products that you might be interested in, for location-based advertising (including through push notifications as described below), cross-device matching, and interest-based advertising.
- Location-Based Advertising: To the extent our Site has a corresponding App, we may use our App to obtain the user’s precise location (if the user of the App permits the App to request and collect this information from the applicable mobile device.) We may also determine a zip code from the precise location data received from an App user’s mobile device. Users of the Site also may elect to provide us with their zip code directly. We may use general location data, preferences, or other information received from the Site, including through your mobile device such as through the App, to send you tailored marketing messages based on your location, including making product recommendations. Additionally, we may use information to engage in interactive, real-time discussions with users, which we or the users may initiate. If you would like to opt-out of location-based advertising, please see the choices section below.
- Cross-Device Matching: We may now or in the future use the data collected through Tracking Technologies (directly by us or by our service providers) and other data (i.e. deterministic data such as unique identifiers) to make educated predictions that give us the ability to match your devices. We may then, subject to the limitations otherwise set forth in this Privacy Policy and applicable law, display targeted advertisements to you across your devices (unless you have opted-out for a particular device as described in the options section below.)
- Interest-Based Advertising: We may use the information we collect (alone or in combination with information provided by third parties and service providers) through Tracking Technologies (which may be combined with other Personal Information such as your email address) to deliver targeted advertising to you when you visit our Site or elsewhere. For example, if you are searching our Site for information on a particular product, we may use that information to cause an advertisement to appear on other websites you view promoting a product that matches your search. We also partner with third parties that collect information across various channels, including offline and online, for purposes of delivering more relevant advertising to you or your business. Our partners may place or recognize a tracking technology placed on your computer, device, or directly in our emails/communications, and we may share Personal Information with them for interest-based advertising purposes. Our partners use this information to recognize you across different channels and platforms, including but not limited to, computers, mobile devices, and Smart TVs, over time for advertising, analytics, attribution, and reporting purposes.
- Your options : You may choose to decline Tracking Technologies by adjusting your browser preferences, but doing so may affect your use of the Site and your ability to access certain features or engage in certain transactions through the Site. If you delete your cookies, change browsers, or change devices, cookies that the Site may have used in the past (or an opt-out cookie) may no longer work.
- Interest-Based Advertising Opt-Out: As described in this Privacy Notice and to the extent permitted by law, we may collect (or allow third parties such as ad networks, web analytics companies, and social networking platforms to collect) information about your online activities over time and across our Sites and other third-party online properties or services. These third parties may use information about your visits to our Site and other sites, and general geographic information in order to provide advertisements about goods and services of interest to you. For more information about third-party advertisers and how to prevent them from using your information, please visit http://www.networkadvertising.org/choices/. This is a site offered by the Network Advertising Initiative (“NAI”) that includes information on how consumers can opt-out of receiving interest-based advertising from some or all of NAI’s members. You can also visit http://www.aboutads.info/choices, which is a site offered by the Digital Advertising Alliance (“DAA”) that includes information on how consumers can opt-out of receiving internet-based advertising from some or all of DAA’s participating companies. Opting out of interest-based advertising does not mean that you will no longer see any advertisements; rather, you will still see advertisements that are general and not tailored to your specific interests and activities.
- Device-Based Opt-Out: In general, opt-outs must be performed on each device and browser that you wish to have opted-out. For example, if you have opted out on your computer browser, that opt-out will not necessarily be effective on your mobile device. In the event we are performing cross-device matching (as described above), once you have opted out on one device (“Opted-Out Device”), we will not use any new data from the Opted-Out Device to identify you on another device for interest-based advertising purposes and we will not use data from another device for interest-based advertising purposes on the Opted-Out Device.
TRANSFER OF INFORMATION OUTSIDE YOUR HOME COUNTRYBecause RIMAN, INC. is headquartered in the United States, we may transfer information collected from our non-U.S. customers to the U.S. similarly, we may also transfer our customer information (regardless of where you live) to other countries or places in which we maintain offices or do business, including Korea, Canada, and Japan. By using a RIMAN, INC. website or application or by otherwise doing business with RIMAN, INC., you are agreeing to allow us to transfer your information outside your home country and to process it inside the United States or elsewhere for the purposes stated in this Privacy Policy.
LAW ENFORCEMENT; EMERGENCIES; COMPLIANCENotwithstanding any other provision of this Privacy Policy to the contrary, we reserve the right to disclose your Personal Information to others as we believe to be appropriate: (a) to comply with legal process; (b) to respond to governmental requests; (c) to enforce our POLICIES AND PROCEDURES; (d) to protect our operations; (e) to protect the rights, privacy, safety or property of RIMAN, INC., you or others; and (f) to permit us to pursue available remedies or limit the damages that we may sustain. We may disclose any information we deem necessary, in our sole discretion, to comply with any applicable law, regulation, legal process, or governmental request. We may also exchange information, including Personal Information, with other companies and organizations for credit protection and risk reduction.
CHILDREN UNDER 13Our Site is not directed to and we do not knowingly collect information from children under thirteen (13). Under our POLICIES AND PROCEDURES, children are not permitted to use our Site or services.
LINKSThe Site may contain links to third-party websites. These linked sites are not under RIMAN, INC.’ control and we are not responsible for the privacy practices or the contents of any such linked site, or any link contained in any linked site. We provide such links only as a convenience, and the inclusion of a link on the Site does not imply endorsement of the linked site by RIMAN, INC.. If you provide any Personal Information through any such third-party website, your transaction will occur on the third-party’s website (not the Site) and the Personal Information you provide will be collected by and controlled by the privacy policy of that third party. We recommend that you familiarize yourself with the privacy policies and practices of any third parties.
HOW WE SECURE YOUR INFORMATIONWe realize that our customers trust us to protect their Personal Information. We take that task seriously. We maintain physical, electronic, and procedural safeguards to protect your Personal Information. We implement various security measures and tools, such as firewalls, to help protect against the loss, misuse, and alteration of the information under our control. For example:
- We use industry-standard Secure Sockets Layer (“SSL”) authentication to guarantee the confidentiality of online transactions made on our Site. SSL authentication and encryption of the information that you send to us over the Internet help protect your online transaction information from third-party interception.
- We never display your full credit card number once it is entered. We will only reveal the last four digits of your credit card for verification purposes.
- Data transmission over the Internet or data storage system cannot be guaranteed to be 100% secure. There is always a risk that third parties may unlawfully intercept transmissions. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account that you might have with us has been compromised), please notify us of the problem by emailing us at [email protected].
MEASURES YOU CAN TAKEIt is important for you to play a role in keeping your information safe and secure. When signing up for an online account, please be sure to choose an account password that is hard for others to guess and never reveal it to anyone else. If you use a shared or public computer, never choose to have your login ID or password remembered and make sure to log out of your account every time you leave the computer.
UPDATING AND ACCESSING YOUR INFORMATIONYou have the ability to change and/or correct the Personal Information that you provide us by emailing us at [email protected]. Under applicable law, you may have the right to ask in writing whether we hold any Personal Information about you, to see that information, and request additional details as to how we collect, use or disclose your Personal Information. We may not be able to provide you with all the information that you request, depending on the circumstances, and there may be a charge for any copy of Personal Information requested. You may request that we deactivate your account by emailing us at [email protected].
Please note that we may need to retain certain information for record-keeping purposes, and there may also be residual information that will remain within our databases and other records, which applicable law may allow us to retain. We may contact former users of the Site who have not explicitly withdrawn consent to such communications in accordance with applicable laws.
You may withdraw your permission to collect, use, and disclose your Personal Information at any time, subject to legal and contractual restrictions and reasonable notice. However, without your permission, we may not be able to provide you with the products or services you have requested.
OPT-OUT FOR MARKETING & PROMOTIONAL CORRESPONDENCEYou may opt-out of receiving future emails from RIMAN, INC.. Please note that this opt-out only applies to RIMAN, INC. promotional emails. You may opt-out of receiving Promotional Emails by using the opt-out mechanism in the footer of the email itself or by emailing us at [email protected].
We will endeavor to comply with your request as soon as reasonably practicable. Please note that opting-out as described above will not remove your information from our databases or the databases of Independent Beauty Planners or third parties. If you wish to cease receiving marketing-related emails from such Independent Beauty Planners or third parties, please contact such Beauty Planners or third parties directly or utilize any opt-out mechanisms set forth in their respective privacy policies or marketing-related emails.
FOR CALIFORNIA RESIDENTSThis section describes how we handle the Personal Information of California residents. It describes how we collect and process such information in the context of providing services and selling goods to the extent the obligations imposed by the California Consumer Privacy Act of 2018 (“CCPA”) apply to such information (hereinafter, CCPA Related Personal Information). This section also notifies California residents of their rights and obligations under the CCPA.
Capitalized terms not defined in this section shall have the meaning provided to them by the CCPA.
Notice at CollectionWe collect the following categories of CCPA Related Personal Information from you:
- Identifiers: We collect identifiers such as real name, alias, postal address, unique personal identifiers, online identifier, Internet Protocol address (see “internet activity” below), email address, and account name.
- Internet/Electronic Network Activity: When you browse our sites or otherwise interact with us online, we may collect browsing history, search history, and other information regarding your interaction with our sites, applications, or advertisements.
- Customer Records: We collect Personal Information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) such as name, signature, description, address, telephone number, bank account number, or other financial information. Some Personal Information included in this category may overlap with other categories.
- Characteristics of Protected Classifications Under California or Federal Law: In some circumstances, we may collect information that is considered protected under California or federal law, such as age or information related to medical conditions, but only when that information is relevant for our business purposes (e.g., in relation to a promotion we are offering or ensuring the safety of visitors to our facilities.) We abide by the legal requirements imposed under applicable law in regards to such information.
- Sensory Data: In some circumstances, we collect audio information (e.g., records of calls made through our systems when call recording is activated), electronic and visual information (e.g., recordings from security cameras), or similar information.
- Geolocation Data: If you interact with us online we may gain access to the approximate location of the device or equipment you are using. If you visit our facilities, we may keep a record of the fact that you visited, the location visited, and the day/time.
- Biometrical Data: Although we do not generally collect biometric data such as DNA data, fingerprints, voice prints, we may, for specific products or in connection with a launch of new products or tools, we may collect data from which biometric data could be derived (such as voice recordings and pictures).
- Commercial Information: We collect commercial information such as records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
- Professional- or Employment-Related Data: Because we collect and handle information related to our Independent Beauty Planners, we often collect from them professional information such as business names or aliases. However, our Independent Beauty Planners are not employees of RIMAN, INC..
- Inferences: We may draw inferences from other information we collect about you. For example, if you are a client, we may create a client profile reflecting our understanding of your personal preferences.
- For our internal efforts to operate and improve our business.
- For advertising and marketing purposes.
- For our general administrative purposes.
- For social-media engagement.
- For security purposes, as necessary to help us protect against, identify, or investigate fraud or other criminal activity.
- For other legal purposes, if we have a legal obligation, or need to pursue or defend against legal claims, for which we need to process your information.
- For communication purposes, to get in touch with you in connection with any of the reasons listed above.
Collection and Sharing Practices in the Last Twelve (12) MonthsIn the last twelve (12) months, we have collected CCPA Related Personal Information for all of the categories outlined in the Notice at Collection section as described above.
We collected such information from the sources described in our Privacy Policy. For example, we have collected CCPA Related Personal Information:
- Directly from our customers, Beauty Planners, suppliers, & partners (for example, the information provided through the Site or other communications with us).
- From consumers’ activity on the Site (for example, Site visit information collected directly or through third-party analytics providers).
- From a device’s GPS, Wi-Fi, Bluetooth, or IP address.
- From interaction through social media
- From third parties like consumer data resellers
- Service Providers
- Other members of our corporate group
- Governmental entities (when we are under a duty to disclose or as required to protect our rights or the rights of others)
- Third Parties, including Independent Beauty Planners, to whom you expressly or implicitly authorized us to disclose your Personal Information in connection with products or services provided to you
- Other third parties as necessary to provide services to our clients
Your Rights Under California LawIf you are a California resident, you have the following rights under the CCPA:
Right to Know: You have the right to request that we disclose to you: (1) the specific Personal Information we collected about you; (2) the categories of Personal Information collected or shared; (3) the purposes for which we collected or shared your Personal Information; and (4) the categories of third parties to whom we have disclosed your Personal Information.
Right to Delete: You have the right to request deletion of the Personal Information that we received from you. As a general rule, we must delete the Personal Information at your request and require our vendors to do so as well. However, the law provides certain exceptions that allow us to retain the information even if you have requested that it be deleted. If we do not erase the information pursuant to one of those exceptions, we must inform you of that fact and of any rights you may have to appeal our decision. Information on how to submit a request to us is provided below.
In addition, if you are a California resident, you may:
- Opt-out of the sale or disclosure of your Personal Information, in some circumstances.
- Opt-out of receiving marketing communications from us; however, you may still receive administrative communications regarding the services.
- Opt-in to certain financial incentive programs we may offer related to the collection, sale, or deletion of your Personal Information.
- You will not be discriminated against for exercising your rights under the CCPA.
NEVADA RESIDENTSNevada law allows customers to “opt-out” of the sale of certain Personal Information, called “covered information.” Although we do not “sell” “covered information” of Nevada “consumers” as those terms are defined by Chapter 603A of the Nevada Revised Statutes, you may contact us by email at [email protected] and provide your name, Nevada resident address, and email address to be verified and exercise your opt-out rights in the event we do sell covered information under that law in the future. If your contact information changes at any point, contact us in the same manner to update your contact information. For more information about our data collection and sharing practices, please review this Privacy Policy. We may share your data as explained in this Privacy Policy for different purposes, such as to make your experience and our services better, and those activities are separate from the opt-out request.
SOCIAL COMMERCE AND OTHER THIRD PARTIESWe work with trusted third parties, including social network sites such as Facebook, and with applications and developers who specialize in social commerce, so that we can connect to your social networks. Other social networks we use include Twitter, Pinterest, Instagram, Vine, and YouTube. All of these companies operate Third-Party Sites. We provide access to our Site by third parties and business partners so that we can generate interest in our products among members of your social networks and to allow you to share product interests with friends in your network. The use of any features made available to you on our Site by a third party may result in information being collected or shared about you by the third party or by us. If you do not want us to be able to access information about you from Third-Party Sites, you must instruct Third-Party Sites not to share the information. We cannot control how your data is collected, stored, used, or shared by Third-Party Sites or to whom it is disclosed. Please be sure to review the privacy policies and privacy settings on your social networking sites to make sure you understand the information they are sharing. If you do not want a Third-Party Site to share information about you, you must contact that site and determine whether it gives you the opportunity to opt-out of sharing such information. RIMAN, INC. is not responsible for how these third parties may use information collected from or about you. However, we do identify any areas on our Site where third parties share information about you.
OTHER INFORMATIONThe Site is controlled and operated by RIMAN, INC. from the United States and is not intended to subject RIMAN, INC. to the laws or jurisdiction of any state, country, or territory other than that of the United States. RIMAN, INC. does not represent or warrant that the Site, or any part thereof, is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules, and regulations. We may limit the Site’s availability, in whole or in part, to any person, geographic area, or jurisdiction we choose, at any time and in our sole discretion.
CONTACT USIf you have any questions, comments, concerns, or complaints about the Site’s privacy practices, please contact us by email at [email protected] or visit the Contact Us section of our website. Please note that email communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your email correspondence with us.
PLEASE READ THESE TERMS OF USE AND THE PRIVACY POLICY, LOCATED AT WEBSITE FOOTER (“PRIVACY POLICY”), BEFORE USING THIS WEBSITE OR PURCHASING ANY PRODUCT OR SERVICES FROM RIMAN, INC..
These Terms of Use are an agreement (the “Agreement”) between RIMAN, INC.(“Company”, “we” or “us”) and you (“you” or “User”). This Agreement sets forth the legal terms and conditions governing your use of this website (the “Site”) and your purchase and/or use of any RIMAN, INC. goods, services (collectively referred to hereinafter as, “Offerings”). This Agreement also provides information on how to become an RIMAN, INC. Beauty Planner or RIMAN, INC. Beauty Customer.
Your use of the Site and all information, data, text, software, information, images, sounds or other materials contained therein, or your use or purchase of any other Offerings confirms your unconditional agreement to be bound by this Agreement and is subject to your continued compliance with the terms and conditions of this Agreement. If you do not agree to be bound by this Agreement, do not access or otherwise use the Site or participate in any of the Offerings.
This Agreement and the RIMAN, INC. Privacy Policy and any other terms and policies incorporated herein by reference (collectively, the “Other Policies”), constitute the entire agreement between you and us pertaining to the subject matter hereof and supersede all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. No waiver of any of the provisions of this Agreement shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall any such waiver constitute a continuing waiver unless otherwise expressly provided.
The information and features included in this Site are subject to change at any time without notice. By accessing or linking to this Site (to the extent linking is permissible), you assume the risk that the information on this Site may be changed or removed.
1. MODIFICATIONSWe reserve the right at any time to:
Change the terms and conditions of this Agreement;
Enhance, add to, modify or discontinue the Site or other Offerings, or any portion of the Site or other Offerings, at any time in our sole discretion.
From time to time, we reserve the right, in our sole discretion, to modify, update, add to, discontinue, remove, revise or otherwise change any portion of this Agreement, in whole or in part, at any time. For changes to this Agreement that we consider to be material, we will place a notice on the Site by revising the link on the homepage to read substantially as “Updated Terms of Use” for a reasonable amount of time. If you provide information to us, access or use the Site or participate in any Offering in any way after this Agreement has been changed, you will be deemed to have read, understood and consented to and agreed to such changes. The most current version of this Agreement will be available on the Site and will supersede all previous versions of this Agreement.
2. ACCESSYou must obtain access to the Internet and may pay any service fees associated with such access to use the Site If you are Beauty Planner. In addition, you must provide all equipment necessary for you to access the Internet. You are and will remain solely responsible for the purchase, hookup, installation, loading, operation and maintenance of any hardware, software, telephone (cable or other) service, and the Internet access service to your personal computer and for all related costs. You are solely responsible for scanning your hardware and software for computer viruses and other related problems before you use them. We expressly disclaim, subject to Section 16 of this Agreement, any liability or responsibility for any errors or failures relating to the malfunction or failure of your hardware or software in connection with the use of the Site or Offerings.
3. ELIGIBILITYYou represent and warrant that you are eighteen (18) years of age or older, or if you are under the age of eighteen (18) you are at least the age of thirteen (13) and are accessing the Site with the knowledge and consent of your parent or legal guardian, who will also be deemed to have agreed to this Agreement. Certain features on this Site (including, but not limited to, user registration) and certain Offerings may be subject to heightened age and/or other eligibility requirements.
RIMAN, INC. products and the RIMAN, INC. business opportunity cannot be offered, shipped into or sold in any country outside of those countries that are previously authorized by RIMAN, INC.. For a list of such countries, please click here: Authorized Countries. RIMAN, INC. is expanding its sales into other markets, accordingly please check for updates periodically.
4. BECOMING AN RIMAN, INC. BEAUTY CUSTOMER OR BEAUTY PLANNERRIMAN, INC.® products and services are sold through RIMAN, INC.’s network of Beauty Planners. To purchase RIMAN, INC.® goods or services, you do not have to become a Beauty Planner. Instead, you can purchase RIMAN, INC.® products from a Beuaty Planner or become an RIMAN, INC. Beauty Customer. If you are interested in purchasing products from a Beauty Planner or becoming a Beauty Customer, please see the Product section of the Site. If, however, you are interested in starting your own business as an RIMAN, INC. Beauty Planner, please see the Business Opportunity section of the Site.
5. RIMAN, INC. Retail CUSTOMER, BEAUTY CUSTOMER AND Beauty Planner REFUND POLICIESRetail Customer and Beauty Customer Refund Policy
RIMAN, INC. guarantees the quality of any product which carries the RIMAN, INC. name and certifies that the products manufactured for it meet high standards of freshness and purity for customer use. We are confident that our customers will find our products satisfactory in every way. However, if for any reason, a retail customer or Beauty Customer is not completely satisfied with any RIMAN, INC. product purchased directly from RIMAN, INC. or an RIMAN, INC. Beauty Planner, you may return it within 30 days from receipt for a full refund or product exchange. Refunds and exchanges may be obtained by following the instructions available at riman.com or by calling 213-988-6050 or by contacting your RIMAN, INC. Beauty Planner. This guarantee is limited, subject to Section 16 of this Agreement, only by the terms of certain specific warranties attached to or packaged with certain products and does not apply to any product intentionally damaged or misused.
Beauty Planner Refund Policy
If Beauty Plannership is canceled for any reason, Beauty Planner may return all unopened products that were purchased in the previous 12 months for a full refund. To obtain a refund, Beauty Planner may call RIMAN, INC. at 213-988-65050 or submit the refund form available at riman.com
6. INFORMATION AND PRIVACYIf you provide information to the Site, you agree to provide accurate, current and complete information where requested and you agree to maintain and update such information as appropriate. We will use and maintain personal information that we collect through the Site in accordance with our Privacy Policy.
7. USER FORUMSForums, bulletin boards, chat rooms or other interactive areas that are or may be offered on the Site (“User Forums”) are provided to give users a forum to express their opinions and share their ideas and information. The individual who posts content in the User Forums (“Community Content”) is responsible for the reliability, accuracy, and truthfulness of such content, and we have no control over the same. Additionally, we have no control over whether any such posted material is of a nature that users will find offensive, distasteful, or otherwise unacceptable and expressly disclaim any responsibility for such material.
We do not and cannot review every message posted by users in the User Forums and are not responsible for the content of these messages or the views or opinions expressed by the users of the User Forums. Information disclosed in the User Forums is by design revealed to the public. We reserve the right, but are not obligated, to delete, move or edit content, in whole or in part, submitted by you to the Site for any reason in our sole discretion. In addition, we may delete, move, edit or disclose the contents of messages when it is required to do so by law or in a good faith belief that such action is necessary to protect and defend our rights and property or to protect the safety of our users or the public. In no event do we assume any obligation to monitor the User Forums or remove any specific material.
You understand that the uploading to and/or posting of any Community Content in any User Forum shall not be subject to any obligation of confidentiality on the part of Company, and we shall not be liable, subject to Section 16 of this Agreement, for any use or disclosure of any Community Content.
(a) Restrictions on Use
In consideration for your use of the User Forums and functionality, you agree to comply with the “Community Guidelines” set forth below. Without limiting our other rights and remedies, individuals who violate the following Community Guidelines may, at our sole discretion, be permanently banned from using the Site:
harass, stalk or otherwise abuse another user;
transmit, post, send, upload, distribute, submit or otherwise make available any content that suggests that participating in the RIMAN, INC. opportunity will result in a lavish lifestyle, including the following, or any substantially similar images: opulent mansions, private helicopters, jets, or yachts; or exotic automobiles.
transmit, post, send, upload, distribute, submit or otherwise make available any content that is false, harmful, threatening, abusive, tortious, defamatory, libelous, disparaging (including disparaging of RIMAN, INC.), vulgar, obscene, pornographic or that promotes violence, racial hatred, terrorism or illegal acts, or is otherwise objectionable (as determined by us in our sole discretion);
transmit, post, send, upload, distribute, submit or otherwise make available any content which is or could be detrimental to or which may otherwise diminish, damage or weaken the reputation or image of RIMAN, INC., its products, Beauty Planner, trademarks, trade names or goodwill.
transmit, post, send, upload, distribute, submit or otherwise make available any content that is unlawful or infringes, violates or misappropriates any patent, trademark, trade identity right, trade secret, publicity right, privacy right, copyright or any other intellectual property or any other rights of any third party.
transmit, post, send, upload, distribute, submit or otherwise make available any viruses, Trojan horses or other harmful, disruptive or destructive files or material that interferes with any third party’s use and enjoyment of the Site.
impersonate any person or entity, or otherwise disguise the origin of any content transmitted through the Site or to RIMAN, INC., including forging any TCP/IP packet header or any part of the header information in any transmission to the Site for any reason.
transmit, post, send, upload, distribute, submit or otherwise make available through the Site any personal advertising, junk mail, spam, chain letters, pyramid schemes or offer for sale of any products or services, except in areas, if any, specifically designated for such purposes or violate any applicable local, state, federal or international law, rule or regulation.
participate in any part of the Site if you are under the age of 18.
transmit, post, send, upload, distribute, submit or otherwise make available through the Site any content containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You also hereby acknowledge that you are prohibited from soliciting other guests to join or become members of any commercial online service or other organization.
collect or harvest the information of any user or otherwise access the Site using automated means (including but not limited to harvesting bots, robots, spiders or scrapers).
“frame”, “mirror” or “deep link” any part of the Site or other Offerings without our prior written authorization.
link to any page within the Site or other Offerings from any web site or web page that makes any claims as to the curative or health enhancing powers of any substance, whether or not such substance is produced, marketed, sold or distributed by us.
We do not endorse the Community Content in the User Forums and specifically disclaim any responsibility or liability, subject to Section 16 of this Agreement, to any person or entity (including, without limitation, persons who may use or rely on such material) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any Community Content provided through a User Forum. By posting or uploading Community Content to any User Forum or submitting any other Community Content to us, you automatically grant (or warrant that the owner of such rights has expressly granted) us a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, sub-license, create derivative works from and distribute such materials or incorporate such Community Content into any form, medium, or technology now known or hereafter devised throughout the universe in perpetuity. In addition, you warrant that the content as uploaded or posted by you does not violate any person’s so-called publicity rights or “moral rights” or other similar or analogous rights under any applicable laws in any country or region of the world.
8. USE OF E-MAIL ADDRESSES PROVIDED BY THE SITEWhen using any e-mail address, or e-card/e-message functionality, provided to you on or through the Site or other Offerings, you agree to use such email address in accordance with all applicable laws and not to transmit to any person or entity.
any content that violates the Community Guidelines set forth above with respect to the User Forums or that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, vulgar, obscene, harmful, harassing, tortious, invasive of another’s privacy, hateful, or is racially, ethnically or otherwise objectionable, or is subject to an agreement of confidentiality, or infringes upon our or any third party’s intellectual property or other rights.
any non-public information about any company;
any trade secret or any computer code, files or programs (for example, a computer virus) designed to interrupt, destroy, compromise the security of or limit the functionality of any device.
Spamming is strictly prohibited. Spam is defined for this purpose as sending an unsolicited message to any persons, entities, newsgroups, forums, e-mail lists or other groups or lists unless prior authorization has been obtained from the e-mail recipient which explicitly permits sending e-mail communication to them, or unless a business or personal relationship has already been established with the e-mail recipient. IF YOU ARE “SPAMMED” BY SOMEONE WHO IS SELLING OR DESCRIBING RIMAN, INC.’S PRODUCTS OR BUSINESS OPPORTUNITY, PLEASE CONTACT US PROMPTLY.
The use of false headers in e-mails or falsifying, forging or altering the origin of any e-mail in connection with RIMAN, INC. and/or its products and services is prohibited.
If a person or entity indicates that they do not want to receive e-mail, you agree not to send e-mail to such person or entity. If a person initially agrees to receive e-mail, but later asks to stop receiving e-mail, you must abide by that request.
RIMAN, INC. prohibits engaging in any of the foregoing activities, yourself or through the service of another provider, remailer service or otherwise.
9. OUR PROPRIETARY RIGHTSThis Site and all of the content it contains, or may in the future contain, including but not limited to articles, opinions, other text, directories, guides, photographs, illustrations, images, video and audio clips and advertising copy, as well as the trademarks, copyrights, logos, domain names, code, trade names, service marks, patents and any and all copyrightable material (including source and object code) and/or any other form of intellectual property (collectively, the “Material”) are owned by or licensed to us or other authorized third parties and are protected from unauthorized use, copying and dissemination by copyright, trademark, publicity and other laws and by international treaties. Unless expressly permitted in writing by us, you shall not capture, reproduce, perform, transfer, sell, license, modify, create derivative works from or based upon, republish, reverse engineer, upload, edit, post, transmit, publicly display, frame, link, distribute, or exploit in whole or in part any of the Material. Nothing contained in this Agreement or on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Material in any manner without the prior written consent of us or such third party that may own the Material or intellectual property displayed on the Site.
UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, PUBLICATION, REPUBLICATION, UPLOADING, FRAMING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER MISUSE OF ANY OF THE MATERIAL IS STRICTLY PROHIBITED.
Any use of the Material other than as permitted by this Agreement will, subject to Section 16 of this Agreement, constitute a violation of this Agreement and may constitute copyright and/or patent infringement. You agree not to use the Material for any unlawful purposes and not to violate our rights or the rights of others. You agree not to interfere or permit any third party to interfere with the normal processes or use of the Site by other users, including without limitation by attempting to access administrative areas of the Site. You are advised that we will aggressively enforce our rights to the fullest extent of the law. We may add, change, discontinue, remove or suspend any of the Material at any time, without notice and without liability. RIMAN, INC., our logo, and the name of the products produced, marketed, sold or distributed by the RIMAN, INC., are trademarks and/or service marks of RIMAN, INC. International of America, Inc., or its affiliates. All other trademarks, service marks, and logos used on the Site or other Offerings are the trademarks, service marks or logos of their respective owners.
10. MEMBERSHIP AND REGISTRATIONCertain areas of the Site may require registration or may otherwise ask you to provide information to participate in certain features or to access certain content. The decision to provide this information is purely voluntary and optional; however, if you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Site.
If you register with the Site, you agree to accept responsibility, subject to Section 16 of this Agreement, for all activities that occur under your account, email or password, if any, and agree you will not sell, transfer or assign your membership, any membership rights or any Site issued email address or e-card/e-message functionality. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that others may not access the password protected portion of the Site or your Site issued email account using your name in whole or in part. We may, in our sole discretion, and at any time, with or without notice, terminate your access and membership, for any reason or no reason at all.
11. IDEA SUBMISSIONSWe are pleased to hear from users and welcome your comments regarding RIMAN, INC.’s services and products. Nevertheless, our long-standing company policy does not allow it to accept or consider creative ideas, suggestions, or materials other than those it has specifically requested (see below). While we value your feedback on our services and products, we request that you be specific in your comments on those services and products, and that you not submit any creative ideas, suggestions, or materials. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by us or our affiliates’ professional staff might seem to others to be similar to their own creative work. Accordingly, we ask that you do not send us any original creative materials such as show designs, photographs, drawings, or original artwork.
If you send or post certain specific submissions at our request (e.g., via message boards or in connection with contests) or if you send us creative suggestions, ideas, notes, photographs, drawings, concepts, or any other information (each, a “Submission” and collectively, the “Submissions”) despite our request that you not send us any unsolicited Submissions or other creative materials, the Submission will be treated as non-confidential and non-proprietary in each instance. For purposes of this Paragraph, all Community Content shall be deemed included in the definition of Submissions. None of the Submissions shall be subject to any obligation of confidence on the part of us, and we shall not be liable for any use or disclosure of any Submissions. Any Submission may be used by us without restriction for any purpose whatsoever, including, without limitation, reproduction, disclosure, transmission, publication, broadcast or posting, and you hereby irrevocably waive, release and give up any claim that any use of such Submission violates any of your rights, subject to Section 16 of this Agreement, including, without limitation, copyrights, trademarks, moral rights, privacy rights, proprietary or other property rights, publicity rights, or right to credit for the material or ideas. We shall have and are irrevocably granted the right, but not the obligation, to reproduce, modify, adapt, publish, broadcast, license, perform, post, sell, translate, incorporate, create derivative works from, distribute and otherwise use the Submission in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, without according you any compensation or credit. By submitting a Submission to this Site or us, you represent that such Submission is original with you and does not violate or infringe upon the rights of any third parties, including, without limitation, any intellectual property rights and rights of publicity and/or privacy. All Submissions to the Site and/or us shall be our sole property and will not be acknowledged or returned. You agree and understand that we are not obligated to use any Submission you make to the Site or us and you have no right to compel such use. You hereby acknowledge and agree that your relationship with us is not a confidential, fiduciary, or other special relationship, subject to Section 16 of this Agreement, and that your decision to submit any material to us does not place us in a position that is any different from the position held by members of the general public with regard to your Submission. You understand and acknowledge that we have wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to us or being developed by our own employees. Many ideas or stories may be competitive with, similar or identical to your Submission in theme, idea, plot, format or other respects. You acknowledge and agree that you will not be entitled to any compensation as a result of our use of any such similar or identical material. Finally, you acknowledge that, with respect to any claim you may have relating to or arising out of an actual or alleged exploitation or use of any material you submit to the Site and/or us, the damage, if any, thereby caused will not be irreparable or otherwise sufficient to entitle you to injunctive or other equitable relief or to in any way enjoin the production, distribution, exhibition or other exploitation of any production based on or allegedly based on the material, and your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law, subject to Section 16 of this Agreement.
12. COPYRIGHTS AND COPYRIGHT AGENTRIMAN, INC. respects the intellectual property of others and we ask our users to do the same. In accordance with the Digital Millennium Copyright Act, RIMAN, INC. has designated a Copyright Agent to receive notice of claims of copyright infringement on the Site. RIMAN, INC.’s Copyright Agent may be reached at [email protected].
If you believe that any Community Content infringes the copyright in a work that is owned or controlled by you or if you believe that your work has been copied in a way that constitutes copyright infringement, please promptly provide RIMAN, INC.’s Copyright Agent the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
A description of the copyrighted work that you claim has been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works.
The exact URL or a description reasonably sufficient to permit RIMAN, INC. to locate where the alleged infringing material is located on the Site;
Your name, address, telephone number and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law and does not qualify as fair use.
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are either the copyright owner or authorized to act on the copyright owner’s behalf.
13. PROMOTIONSThis Site may contain sweepstakes, contests or other promotions that require you to send material or information about yourself. Please note that sweepstakes, contests or promotions offered via the Site may be, and often are, governed by a separate set of rules that, in addition to describing such sweepstakes, contest or promotion, may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the use of material you submit, and disclosures about how your personal information may be used. It is your responsibility to read such rules to determine whether or not you want to and are eligible to participate, register and/or enter. By entering any such sweepstakes, contest or other promotion, you agree to comply with abide by such rules and the decisions of the sponsor(s) identified therein, which shall be final and binding in all respects.
14. LINKSWe may provide links to third party web sites or resources. Our provision of such links is not an endorsement of any information, product or service reached through such link. We are not responsible for the content or performance of any portion of the Internet including other World Wide Websites to which the Site may be linked for from which the Site may be accessed. You are requested to inform us of any errors or inappropriate material found on Websites to which this Site is or may be linked.
15. ERRORSAlthough we attempt to maintain the integrity of the Site and other Offerings, we make no guarantee as to the accuracy or completeness of the Site or other Offerings. If you believe that you have discovered an error in the Site or other Offerings, please contact us at [email protected] and include, if possible, a description of the error, its URL location and your contact information. We will make reasonable efforts to address your concerns.
16. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITYYOU UNDERSTAND AND AGREE THAT THIS SITE AND ALL MATERIAL AND INTELLECTUAL PROPERTY CONTAINED ON IT ARE DISTRIBUTED “AS IS” “AS AVAILABLE” “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.
YOU AGREE THAT WE AND OUR PARENTS, AFFILIATES, SUBSIDIARIES, LICENSORS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS AND DIRECTORS (COLLECTIVELY, THE “RELEASED PARTIES”), ARE NOT LIABLE TO YOU FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OR RESULTING IN ANY WAY FROM OR IN CONNECTION WITH THIS SITE, THE OFFERINGS, THE USER FORUMS, THE MATERIAL, OR ANY ERRORS OR OMISSIONS IN ITS TECHNICAL OPERATION OR THE MATERIAL, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, THIS SITE OR ITS RELATED INFORMATION OR PROGRAMS.
NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL THE RELEASED PARTIES BE LIABLE TO YOU FOR ANY REASON OR ANY CAUSE OF ACTION WHATSOEVER IN AN AMOUNT GREATER THAN FIFTY DOLLARS ($50). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, AND/OR THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MIGHT NOT APPLY TO YOU.
We make no representation or warranty whatsoever regarding the completeness, accuracy, currency or adequacy of any information, facts, views, opinions, statements or recommendations contained on this Site, in any Offering and/or the Material. Reference to any product, process, publication or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by us. Views and opinions of users of this Site do not necessarily state or reflect those of RIMAN, INC.. Users are responsible for seeking the advice of professionals, as appropriate, regarding the information, opinions, advice or content available at this Site.
The Internet may be subject to breaches of security. We are not responsible for any resulting damage to any user’s computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. You should also be aware that email submissions over the Internet may not be secure, and you should consider this before submitting any information to anyone over the internet. We make no representation or warranty whatsoever regarding the suitability, functionality, availability or operation of this Site. This Site may be temporarily unavailable due to maintenance or malfunction of computer equipment.
BY ACCESSING THIS SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
NOTICE TO NEW JERSEY RESIDENTS:
Your rights are protected under the Truth-in-Consumer Contract, Warranty and Notice Act and New Jersey law generally. The following provisions in these Terms of Use do not apply to you and are not intended to vary, diminish or alter your rights under New Jersey law: specifically,
nothing in these Terms of Use limits, varies, diminishes, affects, or otherwise voids or alters your rights under New Jersey law as they relate to limitations of liability or exculpation (including, but not limited to, limitations on indirect, incidental, special, exemplary, consequential or similar damages), dispute resolution, indemnification, venue or jurisdiction, statutes of limitation or repose periods for bringing claims, plain language requirements, representations and warranties of any type or nature (including, but not limited to, conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement), contract remedies, personal injury, tort and negligence claims, conditions of sale, fee-shifting provisions, waiver of attorney fees and/or costs, and copyright.
Your rights regarding these specific provisions will be governed by New Jersey law. In the event of any conflict between these Terms of Use and New Jersey law, New Jersey law shall govern.
17. INDEMNIFICATIONBY USING THIS SITE YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE RELEASED PARTIES HARMLESS FROM AND AGAINST ANY THIRD PARTY CLAIMS, ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, ARISING OUT OF OR RELATING TO: YOUR BREACH OF YOUR REPRESENTATIONS, WARRANTIES, COVENANTS OR AGREEMENTS HEREUNDER; YOUR VIOLATION OF THIS AGREEMENT OR ANY LAW; YOUR USE OF THIS SITE AND/OR THE MATERIAL IN VIOLATION OF THIS AGREEMENT; INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR COMPUTER OR MEMBERSHIP OR DISTRIBUTORSHIP ACCOUNT, EVEN IF NOT SUBMITTED BY YOU, THAT INFRINGES ANY COPYRIGHT, TRADEMARK, TRADE SECRET, TRADE DRESS, PATENT, PUBLICITY, PRIVACY OR OTHER RIGHT OF ANY PERSON OR DEFAMES ANY PERSON; ANY MISREPRESENTATION MADE BY YOU; AND/OR OUR USE OF YOUR INFORMATION. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN COMPANY’S DEFENSE OF ANY CLAIM. COMPANY RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT IN ANY EVENT SETTLE ANY SUCH MATTER WITHOUT OUR WRITTEN CONSENT, SUBJECT TO SECTION 16 OF THIS AGREEMENT.
18. TERMINATION; MODIFICATIONWe will determine, subject to Section 16 of this Agreement, your compliance with this Agreement in our sole discretion and our decision shall be final and binding. Any violation of this Agreement may result in restrictions on your access to all or part of the Site and may be referred to law enforcement authorities. No waiver of any of this Agreement shall be of any force or effect unless made in writing and signed by a duly authorized officer of RIMAN, INC.. We reserve the right to modify or discontinue this Site, or any portion thereof without notice to you or any third party. Upon termination of your membership, distributorship, or access to the Site, or upon demand by RIMAN, INC., you must destroy all materials obtained from this Site and all related documentation and all copies and installations thereof. You are advised that we will aggressively enforce our rights to the fullest extent of the law.
If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of this Agreement, which will remain in full force and effect. The section titles in this Agreement are for your convenience only and do not have any legal or contractual effect.
19. UNITED STATES LAWWe operate the Site in the United States. Information contained on this Site may not be appropriate or available for use in other locations, and access to this Site from territories where the content of the Site may be illegal is prohibited. If you choose to access the Site or other Offerings from locations outside of the United States, you are responsible for compliance with local laws if, and to the extent that, such local laws are applicable.
All software used on the Site or other Offerings is subject to U.S. export controls. No such software may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Burma, Democratic Republic of the Congo, Ivory Coast, Iraq, Libya, North Korea, Iran, Syria, Sudan, Venezuela or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using any such software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
We reserve the right, in our sole discretion, to limit the availability of the Site or other Offerings to any person, geographic area or jurisdiction at any time.
20. CHOICE OF LAW AND VENUEThe laws of the United States, State of California apply to this Agreement (without regard to California’s conflict of law principles that would cause the application of any other jurisdiction’s laws) and will specifically not be governed by the United Nations Conventions on Contracts for the International Sale of Goods, if otherwise applicable. Any dispute between you and us must be brought before state or federal courts located in Los Angeles County, California within ninety (90) days after the occurrence of the facts giving rise to the cause of action, otherwise the cause shall be forever barred. You hereby consent and submit to the exclusive personal jurisdiction and venue of the courts located in Los Angeles, California for any cause of action relating to or arising under this Agreement or the Site. This Section 20 applies subject to the provisions of Section 16 of this Agreement.