Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.CopyrightThe entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of The Original Resinator LLC.. The collective work includes works that are licensed to The Original Resinator LLC.. Copyright 2003, The Original Resinator LLC. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with The Original Resinator LLC. or purchasing The Original Resinator LLC. products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with The Original Resinator LLC. or to purchase The Original Resinator LLC. products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by The Original Resinator LLC.. You further agree not to change or delete any proprietary notices from materials downloaded from the site.TrademarksAll trademarks, service marks and trade names of The Original Resinator LLC. used in the site are trademarks or registered trademarks of The Original Resinator LLC.Warranty DisclaimerThis site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, The Original Resinator LLC. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. The Original Resinator LLC. does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. The Original Resinator LLC. does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.Limitation of LiabilityThe Original Resinator LLC. shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if The Original Resinator LLC. has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.Typographical ErrorsIn the event that a The Original Resinator LLC. product is mistakenly listed at an incorrect price, The Original Resinator LLC. reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. The Original Resinator LLC. reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, The Original Resinator LLC. shall issue a credit to your credit card account in the amount of the incorrect price.Term; TerminationThese terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by The Original Resinator LLC. without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.NoticeThe Original Resinator LLC. may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to The Original Resinator LLC..
MiscellaneousYour use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of The Original Resinator LLC. products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of The Original Resinator LLC. products) must be commenced within one (1) year after the claim or cause of action arises. The Original Resinator LLC.'s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. The Original Resinator LLC. may assign its rights and duties under this Agreement to any party at any time without notice to you.Use of SiteHarassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a The Original Resinator LLC. or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.Use Restrictions
You agree that you will not use this Website for certain commercial or political purposes including, but not limited to, advertising or soliciting funds; to monitor, gather or copy content on this Website by using any robot, “bot”, spider, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility or manual process of any kind; to frame or utilize framing techniques to enclose any trademark or other proprietary information including, but not limited to, any images, text, or page layout; to use any meta tags or any other “hidden text” utilizing Pollen Masters’ name or any trademarks; to engage in any activity that interferes with a user’s access to the Website or the proper operation of this Website. You may not modify, reproduce, duplicate, copy, distribute, sell, resell, publish, license, visit or otherwise exploit this Website for any commercial purpose. You also agree that in using this Website you will not impersonate any person or entity.
You acknowledge that, as part of a transaction undertaken pursuant to this Website, you may have access to information including, but not limited to, intellectual property (including, without limitation, any information relating to improvements, methods and processes, know-how, concepts, designs, ideas, prototypes, models, samples, formulations, trademarks, trade names, writings, notes, collectively “Intellectual Property”), business information and plans, concepts and expressions, which are proprietary to and/or embody the substantial creative efforts of The Original Resinator LLC (collectively “Confidential Information”). You agree to maintain the Confidential Information in strict confidence and to protect the Confidential Information in the same manner that you protect your own proprietary and confidential information of like kind. You agree not to use, disclose, or permit any other person or entity access to the Confidential Information without the prior written consent of The Original Resinator LLC, and you shall be liable to The Original Resinator LLC for any such use, disclosure or access. As an exception to these obligations and not to be considered a breach of this Agreement, you may disclose the Confidential Information solely as necessary to comply with a legal order or governmental regulation, provided that you provide The Original Resinator LLC with sufficient prior notice and assistance to allow it to attempt to limit any such disclosure.
You agree that you are prohibited from posting or transmitting to our Website any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material, or any other material that could give rise to any civil or criminal liability under the law, as well as anything in contravention of these Terms and Conditions. The Original Resinator LLC reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions, including the right to block access from a particular internet address to this Website.
Termination of Use of This Website
You agree that any violation of these Terms and Conditions, the unauthorized use of this Website, content materials and intellectual property as well as any fraudulent, abusive or otherwise illegal activity shall be grounds for termination of your right to access, browse and use this Website. The Original Resinator LLC reserves the right to terminate or suspend your access to this Website and its content and use at any time, with or without notice, at The Original Resinator LLCs’ discretion. Should your access to this Website be terminated, you are prohibited from accessing this Website under a new name unless expressly invited to do so by The Original Resinator LLC.
Participation DisclaimerThe Original Resinator LLC. does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, The Original Resinator LLC. is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, The Original Resinator LLC. reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to The Original Resinator LLC. in its sole discretion.
IndemnificationYou agree to indemnify, defend, and hold harmless The Original Resinator LLC., its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.Third-Party LinksIn an attempt to provide increased value to our visitors, The Original Resinator LLC. may link to sites operated by third parties. However, even if the third party is affiliated with The Original Resinator LLC., The Original Resinator LLC. has no control over these linked sites, all of which have separate privacy and data collection practices, independent of The Original Resinator LLC.. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, The Original Resinator LLC. seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
The Original Resinator LLC may, in its sole discretion, and with or without notice to you, make changes to, or discontinue, any aspect of this Website including, without limitation, any content, products, services or prices offered through this Website. The Original Resinator LLC shall not be liable to you or any third party should it exercise this right to modify or discontinue this Website. The Original Resinator LLC also reserves the right to revise, at its sole and absolute discretion, the Terms and Conditions of this Website at any time. All revisions will be posted on these Terms and Conditions and will be effective immediately upon its posting. By surfing, using, browsing or purchasing on this Website, you are deemed notified and bound by any changes to these Terms and Conditions. If you do not accept these revisions to the Terms and Conditions, then you must immediately stop using this Website. We encourage users to review these Terms and Conditions each time you visit this Website to remain informed of any changes to them. Any revisions to these Terms and Conditions will not apply retroactively to disputes arising prior to the adoption of the revisions.
Enforceability, Governing Law and Jurisdiction
These Terms and Conditions constitute the entire agreement between you and The Original Resinator LLC. In the event that any of the terms or provisions of these Terms and Conditions shall be held by a court of competent jurisdiction to be unenforceable, then such terms or provisions shall be construed, as nearly as possible, to reflect the intentions of the parties with the other terms and provisions remaining in full force and effect.
Your access to and use of this Website, and these Terms and Conditions, are governed and construed in accordance with the laws of the State of California, without regard to its conflicts of law provisions. Any action against The Original Resinator LLC arising from, or relating to, your access to and use of this Website and the provisions of these Terms and Conditions must be brought by you exclusively in the state and federal courts located in Sonoma County California. You consent and submit to the exclusive personal jurisdiction and venue of the state and federal courts located in Sonoma County, State of California, for the adjudication of all claims by The Original Resinator LLC against you arising from, or relating to, your access to and use of this Website and the provisions of these Terms and Conditions. You agree to waive any and all objections that you may have to California law as the governing law and to the sole and exclusive venue being Sonoma County, California. If you do not agree to these terms then you must immediately cease using this Website and its services. Your continuing to use this Website and its services will constitute your consent to these terms.
The Original Resinator LLCs’ failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by The Original Resinator LLC in writing. You acknowledge and agree that you will not seek to litigate any claims against The Original Resinator LLC or any of its affiliates on a class action or representative party basis and that you shall pursue such claims solely on an individual basis.
Limitations on Actions
Any action concerning any dispute that you may have with respect to, arising out of, or in connection with this Website must be commenced within one (1) year after the cause of the dispute first arises, and your failure to do so shall permanently bar any cause of action that you may have.
You represent that you are 18 years of age or older and that you are not under any legal or other disability which limits your ability to comply with these Terms and Conditions.
PLEASE CONTACT US FOR INFORMATION.