RefundShipping™ Website Terms and Conditions

I must cancel within 21 days of today to avoid charge of $34.56 billed monthly to my same card. All Monthly Fees will appear on your Active Credit Card bill as " RefundShipping". To cancel anytime, call: 1-800-308-7793.

Thank you for visiting the RefundShipping™ website located at www.refundshipping.com (the “Site”).  The Site is an Internet property of Infinite Affinities LLC, a Delaware State limited liability company (“RS,” “we” or “us”).  You agree to the following RefundShipping™ Website Terms and Conditions (“Terms and Conditions”), in their entirety, when you: (a) access or use the Site; and/or (b) submit an application to become an RS member (“RS Member” or “RS Membership”), which enables you to access various RS products and/or services (collectively, and as further described below, the “RS Services”).  The RefundShipping™ Website Privacy Policy (“Privacy Policy”) and any and all other applicable RS operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time, are expressly incorporated herein by reference (collectively, the “Agreement”).  Please review the Agreement carefully.  If you do not agree to the terms and conditions contained within the Agreement in its entirety, you are not authorized to use the Site in any manner or form whatsoever.

1. Scope of Agreement.  You agree to the terms and conditions outlined in the Agreement with respect to your use of the Site including, but not limited to, your submission of an application to become a Member and/or your use of RS Services.  The Agreement constitutes the entire and only agreement between you and RS with respect to your registration for RS Membership, use of the RS Services and/or use of the Site and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to your registration for RS Membership, use of the RS Services, use of the Site, the content contained therein and/or other information provided by or through the Site and/or RS Services.  

2. Modification of Agreement.  We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that: (a) any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification; and (b) any amendment or modification to pricing and/or billing provisions (“Billing Provisions”) shall not apply to any charges incurred prior to the applicable amendment or modification.  The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Site and/or RS Services.  By your continued use of the Site and/or RS Services,  you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, or charges incurred prior to the amendment or modification of the Billing Provisions, which shall be governed by the Dispute Resolution Provisions and/or Billing Provisions then in effect at the time of the subject dispute or incurred charges, as applicable).  Therefore, you should regularly check this page for updates and/or changes.  Unless explicitly stated otherwise, any future offer(s) or product(s) made available to you on the Site that augment(s) or otherwise enhance(s) the current features of the Site and/or RS Services shall be subject to the Agreement.  You understand and agree that RS is not responsible or liable in any manner whatsoever for your inability to use the Site, RS Services and/or become an RS Member.

3. Requirements.  The Site, RS Membership and RS Services are available only to individuals that are at least eighteen (18) years of age and that can enter into legally binding contracts under applicable law.  RS Membership and RS Services cannot be used by commercial institutions or for commercial purposes.  Only one (1) RS Membership per household is allowed, and only one (1) Membership per street address is allowed, regardless of the number of units at that address.

4. Application Process/Account.  In order to obtain RS Services and/or become a Member, you must first submit the applicable registration form (“Application”) to RS for review and initial approval. RS reserves the right, in its sole discretion, to deny the Application of anyone at any time and for any reason, whatsoever.  The information that you must supply on the Site in order to complete an Application may include, without limitation, your: (a) full name; (b) mailing address; (c) e-mail address; (d) telephone number; (e) credit card number and associated information; and/or (f) any other information requested by us on the Application (collectively, “Registration Data”).  You agree to provide true, accurate, current and complete Registration Data, as necessary, in order to maintain it in up to date and accurate fashion.  RS will verify and approve all Applications in accordance with its standard verification procedures.

If RS approves your Application, RS will set up your specific account (“Account”) and send a confirmation e-mail to the e-mail address that you provided at the time of registration.  The confirmation e-mail will contain the following information: (i) your user name; and (ii) your password.  You can access your Account at the Site using your user name and password, and then change your password and user name at your discretion.  You are responsible for maintaining the confidentiality of your Account, user name and password and for restricting access to your computer.  You agree to accept responsibility for all activities that occur through use of your Account, user name and password including, without limitation, any and all charges incurred through use of same.

5.  Rejection/Termination.  RS may reject your Application and/or terminate your RS Membership at any time and for any reason, in our sole discretion.  Such reasons may include, without limitation: (a) where RS believes that you are in any way in breach of the Agreement; and (b) where RS believes that you are, at any time, conducting any unauthorized commercial activity by and through your RS Membership.

6.  Description of RS Membership/RS Services.  RS Members that possess the requisite technology shall have the opportunity to: (a) utilize the “Refund Services” in order to receive payments from RS for some or all of the shipping and handling costs incurred in connection with: (i) online purchases by an RS Member of third-party products; or (ii) the return of third party products that were previously purchased online by an RS Member; (b) utilize the “Concierge Services” whereby RS representatives will assist RS Members in researching various products and/or services, and conducting searches to locate vendors offering such products and/or services at competitive rates; (c) utilize the “Price Protection Services” which may entitle an RS Member to a refund of amounts paid in online purchases for third-party products where that RS Member can, within thirty (30) days of the applicable purchase, verify that the same product is being sold for less at a different online venue; and (d) receive third party coupons (“Coupons”) made available by RS to RS Members (“Coupon Services”).  Items (a) through (d) in the preceding sentence shall be referred to herein collectively as the “RS Services.”  The various RS Services are more fully described below.

Refund Services. 

A.  Purchases.  Refund Services for new purchases are only available to RS Members whose mailing address is in the contiguous United States.  Where a qualified RS Member makes an online purchase of third party products, that RS Member is entitled to receive some or all of the associated shipping and handling cost reimbursed by RS (“Qualified Rebate”).  To receive a Qualified Rebate in connection with a new purchase, RS Members must send a self-addressed stamped envelope, along with the applicable receipt and packing slip, within twenty-one (21) days of placing the underlying order to: Infinite Affinities LLC, 14525 SW Millikan Way #26385, Beaverton, OR 97005-2343.  The following restrictions apply:

·         RS Members must mail each Qualified Rebate request separately.

·         RS will only process one (1) Qualified Rebate request per envelope received. If multiple Qualified Rebate requests are submitted in the same envelope, only one (1) Qualified Rebate request will be processed. Any and all additional Qualified Rebate requests that are submitted in the same envelope will be discarded. 

·         RS Members shall be limited to twenty-five (25) Qualified Rebates in connection with purchases per calendar month.

·         Qualified Rebates are available for online purchases of new products. 

·         RS does not provide Qualified Rebates in connection with the purchase of used products or for products purchased offline.

·         Qualified Rebates are not available in connection with products purchased from auction websites. 

·         Qualified Rebates are not available in connection with products with a combined weight that is over forty (40) pounds. 

·         Qualified Rebates may take eight (8) to ten (10) weeks to process.

·         All Qualified Rebates are payable in United States currency.

The Qualified Rebate amount shall be the lesser of Eight Dollars ($8.00) or the following percentages:

·         One hundred percent (100%) of the applicable shipping and handling charge for products shipped via USPS Media Mail.

·         Twenty percent (20%) of the applicable shipping and handling charge for products shipped via USPS Parcel Post.  

·         Fifteen percent (15%) of the applicable shipping and handling charge for products shipped via UPS.  

·         Ten percent (10%) of the applicable shipping and handling charge for products shipped via FedEx.

·         Five percent (5%) of the applicable shipping and handling charge for products shipped via any other method or carrier.  

B. Returns.   Refund Services for returns are only available to RS Members where the mailing address of the online business that is the recipient of the returned products is in the contiguous United States.  Where a qualified RS Member makes an online purchase of third party products, and that RS Member subsequently returns those products for any reason, that RS Member is entitled to a Qualified Rebate.  To receive a Qualified Rebate in connection with a return, RS Members must send a self-addressed stamped envelope, along with the applicable receipt and packing slip associated with both the purchase and the return, within twenty-one (21) days of returning the underlying order to: Infinite Affinities LLC, 14525 SW Millikan Way #26385, Beaverton, OR 97005-2343.  The same reimbursement terms and restrictions, as set forth above, apply for returns as purchases, provided that RS Members shall be limited to five (5) Qualified Rebates in connection with returns per calendar month.

C. General.  WARNING: Fraudulent submission of Qualified Rebate requests may result in federal prosecution under applicable U.S. mail fraud statutes. It is your responsibility to immediately notify RS of any changes, errors, canceled orders or returned merchandise once a Qualified Rebate request has been submitted.  Failure to do so may result in the termination of your RS Membership.

RS will not be liable in any respect for lost, postage-due, stolen or misdirected Qualified Rebate requests.  You should keep copies of all materials and information submitted in connection with your Qualified Rebate requests.  Materials received by RS in connection with Qualified Rebate requests become the property of RS and will not be returned. You understand and agree that RS is not responsible or liable in any manner whatsoever for your inability to utilize the Refund Services, or for your inability to qualify for a Qualified Rebate.      

Concierge Services.  The Concierge Services allow RS Members to interface with RS representatives via the Site in connection with researching products and/or services, and locating qualified vendors that offer such products and/or services for sale online.  RS undertakes no responsibility to monitor or otherwise police the products and/or services offered by third-party sellers located via the Concierge Services (“Third Party Sellers”). The products and/or services featured by Third Party Sellers contain descriptions that are provided directly by such Third Party Sellers, or the manufacturers or distributors of such items.  RS does not represent or warrant that the descriptions of such items are accurate or complete.  As a result, RS has no control over: (I) the quality, safety or legality of the items listed; (II) the truth or accuracy of the listings; and/or (III) the ability of the applicable Third Party Seller to sell the items listed.  RS is not responsible for ensuring that the applicable buyers and sellers actually complete a transaction.  Do not assume that the offer, sale, purchase, export or import of any item is valid and legal simply because it is located via the Concierge Services.  You accept sole responsibility for the legality of your actions under laws applying to you.  You understand and agree that RS is not responsible or liable in any manner whatsoever for your inability to use the Concierge Services, or for any dispute between you and any Third Party Sellers.  RS shall not be liable to you or any third party for any claim in connection with any of Third Party Sellers or any products and/or services offered by such Third Party Sellers.

Price Protection Services.  Price Protection Services are only available for products that were shipped to the RS Member from a mailing address in the contiguous United States.  Where a qualified RS Member makes an online purchase of third party products, and that RS Member locates a magazine or newspaper advertisement featuring the exact same product at a cheaper price within thirty (30) days of making the original purchase, that RS Member is entitled to receive some or all of the difference between the price paid and the price advertised (“Price Protection Rebate”).  Online advertisements do not qualify for purposes of Price Protection Rebates.  To receive a Price Protection Rebate, RS Members must first register the product with RS by sending a self-addressed stamped envelope, along with the applicable receipt and packing slip, within twenty-one (21) days of placing the underlying order to: Infinite Affinities LLC, 14525 SW Millikan Way #26385, Beaverton, OR 97005-2343.  RS Members must then separately send a self-addressed stamped envelope, along with the applicable original newspaper or magazine advertisement showing the same product advertised for less than the original purchase price, within thirty (30) days of placing the underlying order to the same address.  RS Members must also include the date and name of the publication in which the advertisement appeared so that RS can verify the advertisement with the publisher.

The following restrictions apply:

·         The applicable product must be currently available from the advertiser in the identical type, size and package.

·         RS will only process one (1) Price Protection Rebate request per envelope received. If multiple Price Protection Rebate requests are submitted in the same envelope, only one (1) Price Protection Rebate request will be processed. Any and all additional Price Protection Rebate requests that are submitted in the same envelope will be discarded. 

·         RS Members shall be limited to two (2) Price Protection Rebates per calendar month.

·         Price Protection Rebates are available for online purchases of new products. 

·         RS does not provide Price Protection Rebates in connection with the purchase of used products or for products purchased offline or directly from the manufacturer.

·         Price Protection Rebates are not available in connection with products purchased from auction websites. 

·         Differences in the purchase and advertised price will be calculated based on the total, net purchase price paid, including shipping and handling, but excluding tax.

·         Price Protection Rebates may take eight (8) to ten (10) weeks to process.

·         Additional taxes payable by you in connection with the Price Protection Rebates may apply in California and Ohio.  

·         All Price Protection Rebates are payable in United States currency.

WARNING: Fraudulent submission of Price Protection Rebate requests may result in federal prosecution under applicable U.S. mail fraud statutes. It is your responsibility to immediately notify RS of any changes, errors, canceled orders or returned merchandise once a Price Protection Rebate request has been submitted.  Failure to do so may result in the termination of your RS Membership.

RS will not be liable in any respect for lost, postage-due, stolen or misdirected Price Protection Rebate requests.  You should keep copies of all materials and information submitted in connection with your Price Protection Rebate requests.  Materials received by RS in connection with Price Protection Rebate requests become the property of RS and will not be returned. You understand and agree that RS is not responsible or liable in any manner whatsoever for your inability to utilize the Price Protection Services, or for your inability to qualify for a Price Protection Rebate.      

Coupon Services.  The Coupon Services provide RS Members with access to Coupons and other promotional offers provided by third parties (“Third Party Providers”).  RS undertakes no responsibility to monitor or otherwise police the Coupons or Third Party Providers.  The ultimate terms and conditions associated with the Coupons will be determined by the applicable Third Party Providers.  RS does not represent or warrant that the Coupons are accurate or complete.  As a result, RS has no control over: (I) the quality, safety or legality of the Coupons; (II) the truth or accuracy of the Coupons; and/or (III) the ability of the applicable Third Party Providers to fulfill the representations made in connection with the Coupons.  Do not assume that the offer, sale, purchase, export or import of any item is valid and legal simply because it is featured in a Coupon.  You accept sole responsibility for the legality of your actions under laws applying to you.  You understand and agree that RS is not responsible or liable in any manner whatsoever for your inability to use the Coupon Services or associated Coupons, or for any dispute between you and any Third Party Providers.  RS shall not be liable to you or any third party for any claim in connection with any Coupons, Third Party Providers or any products and/or services featured in the Coupons.

7. RS Membership Fees.  Upon registering, the credit or debit card that you provided during registration or updated at a later date (“Active Credit Card”) will be charged for the first installment of the monthly RS Membership fee of Thirty-Four Dollars and Fifty-Six Cents ($34.56) (“Monthly Fee”).  Thereafter, for as long as your RS Membership remains active, your Active Credit Card will be charged the Monthly Fee on a monthly basis.  You hereby authorize RS (or its partners, affiliates or agents) to charge your Active Credit Card all such fees associated with RS Membership on a monthly basis.  You acknowledge and agree that RS will not obtain additional authorization from you for each installment of Monthly Fees charged to your Active Credit Card.  All Monthly Fees will appear on your Active Credit Card bill as “RefundShipping”

All fees are payable in United States currency.  For so long as your RS Membership is active, you will be billed, and you will be required to pay, all applicable charges.  Failure to use the RS Services does not constitute a basis for refusing to pay any of the associated charges.  Subject to the conditions set forth herein, you agree to be bound by the Billing Provisions of RS in effect at any given time.  Upon reasonable prior written notice to you (with e-mail sufficing), RS reserves the right to change its Billing Provisions whenever necessary, in its sole discretion.  Continued use of the Site, continued RS Membership and/or use of the RS Services after receipt of such notice shall constitute consent to any and all such changes; provided, however, that any amendment or modification to the Billing Provisions shall not apply to any charges incurred prior to the applicable amendment or modification. 

RS’s authorization to provide and bill for the RS Products is obtained by way of your electronic signature or, where applicable, via physical signature and/or voice affirmation.  Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency.  RS’s reliance upon your electronic signature was specifically sanctioned and written into law when the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act were enacted in 1999 and 2000, respectively.  Both laws specifically preempt all state laws that recognize only paper and handwritten signatures.  Where you fail to make any scheduled payment for accrued fees, such overdue amounts will be subject to interest charges in the amount of one and one half percent (1.5%) per month, compounded monthly.   Your Account may be deactivated, and access to the Site and RS Services denied, for non-payment.

8. Cancellation of Membership.  You may cancel your RS Membership at any time if you are not completely satisfied.  To cancel your RS Membership, you must contact RS customer service via telephone at 1-800-308-7793. Please have your e-mail address and other Registration Data available for efficient processing of your cancellation order.  The following conditions apply to any cancellation: (a) you shall not receive any pro-rata refund of your Monthly Fees for partial months; and (b) you shall not receive any refund for amounts previously paid up to the date of cancellation or termination and you remain liable for any and all unpaid charges billed by RS.  You understand and agree that cancellation of your RS Membership is your sole right and remedy with respect to any dispute with RS.  Upon any termination and/or cancellation of your RS Membership, your license grant, as set forth in Section 9 herein below shall immediately terminate.

9. License Grant.  As a user of the Site, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site, RS Services and associated content (“Content”).  RS may terminate this license at any time for any reason.  Unless otherwise expressly authorized by RS, as a visitor to the Site, you may only use the Site, RS Services and Content for your own personal, non-commercial use.  No part of the Site, RS Services or Content, may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical.  You may not use any automated means or form of scraping or data extraction to access, query or otherwise collect Content from the Site except as expressly permitted by RS.  You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site, RS Services, Content and/or any portion thereof.  You may not create any “derivative works” by altering any aspect of the Site, RS Services or Content.  You may not use the Site, RS Services and/or Content in conjunction with any other third-party content.  You may not exploit any aspect of the Site, RS Services and/or Content for any commercial purposes not expressly permitted by RS.  You further agree to indemnify and hold harmless RS for your failure to comply with this Section 9.  RS reserves any rights not explicitly granted in the Agreement.  

10.  Proprietary Rights.  The Content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the Site and/or RS Services are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights.  The copying, redistribution or publication by you of any part of the Site, RS Services and/or Content is strictly prohibited.  You do not acquire ownership rights to any Content, document, software, services or other materials viewed at or through the Site and/or RS Services.  The posting of information or material at the Site or through the RS Services does not constitute a waiver of any right in such information and/or materials.

11.  Legal Warning.  Any attempt by any individual, whether or not an RS customer, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site and/or RS Services is a violation of criminal and civil law and RS will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.

12. Indemnification.  You agree to indemnify and hold RS, its parents and subsidiaries, and each of their respective members, officers, directors, employees, agents, co-branders, content licensors and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Site, RS Services and/or Coupons; (b) your breach of the Agreement; (c) any dispute between you and any Third Party Seller or Third Party Provider; and/or (d) your violation of any rights of another individual and/or entity.  The provisions of this Section 12 are for the benefit of RS, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys.  Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

13. Disclaimer of Warranties.  THE SITE, RS SERVICES, COUPONS, PRICE PROTECTION REBATES, QUALIFIED REBATES, CONTENT AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE SITE, ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE).  IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, RS MAKES NO WARRANTY THAT THE SITE, RS SERVICES, COUPONS, PRICE PROTECTION REBATES, QUALIFIED REBATES, CONTENT AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE SITE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) WILL HAVE SECURITY METHODS EMPLOYED THAT WILL BE SUFFICIENT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SITE, OR AGAINST INFRINGEMENT; AND/OR (E) WILL BE ACCURATE OR RELIABLE.  THE SITE, RS SERVICES, COUPONS, PRICE PROTECTION REBATES, QUALIFIED REBATES, CONTENT AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.  RS WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RS OR OTHERWISE THROUGH OR FROM THE SITE OR RS SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

14. Limitation of Liability.  YOU EXPRESSLY UNDERSTAND AND AGREE THAT RS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE SITE, RS SERVICES, COUPONS, PRICE PROTECTION REBATES, QUALIFIED REBATES, CONTENT AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS PURCHASED OR OBTAINED FROM OR THROUGH THE SITE OR RS SERVICES; (C) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; (D) THE INABILITY TO QUALIFY FOR A PRICE PROTECTION REBATE OR QUALIFIED REBATE; AND (E) ANY OTHER MATTER RELATING TO THE SITE, RS SERVICES, COUPONS, PRICE PROTECTION REBATES, QUALIFIED REBATES, CONTENT AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE SITE.  THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS.  YOU HEREBY RELEASE RS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN.  IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF RS TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00).  NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE SITE, RS SERVICES, COUPONS, PRICE PROTECTION REBATES, QUALIFIED REBATES, CONTENT AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE SITE, MAY BE BROUGHT BY YOU OR RS MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION.  THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND RS.  ACCESS TO THE SITE AND/OR THE RS SERVICES WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.  SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS RS’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

15. Third Party Websites.  The Site contains links to other websites on the Internet that are owned and operated by third parties.  RS does not control the information, products or services available on these third party websites.  The inclusion of any link does not imply endorsement by RS of the applicable website or any association with the website’s operators.  Because RS has no control over such websites and resources, you agree that RS is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from any such websites or for the protection of your data privacy by third parties.  Any dealings with, or participation in promotions offered by, advertisers on the Site, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable advertiser or other third party. You further agree that RS shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such site or any such dealings or promotions.

16.  Editing, Deleting and Modification.  We reserve the right in our sole discretion to edit and/or delete any documents, information or other content appearing on the Site.

17.  User Information.  All materials that you submit through or in association with the Site including, without limitation, the Registration Data shall be subject to the Privacy Policy.

18.  Dispute Resolution Provisions.  The Agreement shall be treated as though it were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles).  Should a dispute arise concerning the RS Services, the Site, RS Membership, the terms and conditions of the Agreement or the breach of same by any party hereto, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in New York City, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction.  Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration.  To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against RS and its employees, officers, directors, members, representatives and assigns.  You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit.  You agree to pay the attorney’s fees and court costs that RS incurs in seeking such relief.  This provision preventing you from bringing, joining or participating in class action lawsuits: (a) does not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (b) is an independent agreement. 

19.  Miscellaneous.  To the extent that anything in or associated with the Site or RS Services is in conflict or inconsistent with these Terms and Conditions, these Terms and Conditions shall take precedence.  Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement.

20. How to Contact Us.  If you have any questions about the Agreement, the Site and/or the RS Services, please feel free to call us at 1-800-308-7793, or mail us at: Infinite Affinities LLC, 14525 SW Millikan Way #26385, Beaverton, OR 97005-2343.