Terms & Conditions

WEBSITE TERMS AND PRIVACY POLICY

YOUR ACCESS AND USE OF THE REPLENISH IV SOLUTIONS, LLC (“REPLENISH”) WEBSITE (“WEBSITE”) IS SUBJECT TO THESE TERMS AND CONDITIONS (“TERMS”). THE WEBSITE IS AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THE TERMS SET FORTH BELOW. IF YOU DO NOT AGREE TO THE TERMS, DO NOT ACCESS OR USE THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU SIGNIFY YOUR AGREEMENT TO BE BOUND TO THESE TERMS.

USER ELIGIBILITY

THIS WEBSITE IS PROVIDED BY REPLENISH AND AVAILABLE ONLY TO ENTITIES AND PERSONS OVER THE AGE OF MAJORITY WHO CAN FORM LEGALLY BINDING AGREEMENTS UNDER APPLICABLE LAW. IF YOU DO NOT QUALIFY, YOU ARE NOT PERMITTED TO USE THIS WEBSITE.

SERVICE TERMS

IN ADDITION TO THESE TERMS, THE PROVISION OF THE SERVICES DESCRIBED ON THE WEBSITE ARE SUBJECT TO ADDITIONAL AGREEMENTS THAT APPLY TO SUCH SERVICES. SUCH ADDITIONAL AGREEMENTS ARE HEREBY INCORPORATED INTO THESE TERMS, TO THE EXTENT APPLICABLE.

NO WARRANTIES

THIS WEBSITE IS PROVIDED ON AN ‘AS IS’ BASIS, FOR INFORMATIONAL PURPOSES ONLY AND IS SUBJECT TO CHANGE WITHOUT NOTICE. REPLENISH DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. REPLENISH MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, SECURITY OR TIMELINESS OF THE CONTENT, INFORMATION OR SERVICES PROVIDED ON OR THROUGH THE USE OF THE WEBSITE. NO INFORMATION OBTAINED BY YOU FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY REPLENISH IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTY, SO THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. YOU AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED IN THESE TERMS OF USE ARE FAIR AND REASONABLE.

OWNERSHIP AND ACCEPTABLE USE

ANY AND ALL INTELLECTUAL PROPERTY RIGHTS ("INTELLECTUAL PROPERTY") ASSOCIATED WITH THIS WEBSITE AND ITS CONTENTS (THE "CONTENT") ARE THE SOLE PROPERTY OF REPLENISH, ITS AFFILIATES OR THIRD PARTIES. THE CONTENT AND CERTAIN ELEMENTS OF THE WEBSITE ARE PROTECTED BY COPYRIGHT, TRADE DRESS, TRADE SECRET, UNFAIR COMPETITION, AND OTHER LAWS, AND MAY NOT BE COPIED OR IMITATED IN WHOLE OR IN PART. ALL CUSTOM GRAPHICS, ICONS, AND OTHER ITEMS THAT APPEAR ON THE WEBSITE MAY NOT BE USED OR INTERFERED WITH IN ANY MANNER WITHOUT THE EXPRESS WRITTEN CONSENT OF REPLENISH. EXCEPT AS OTHERWISE EXPRESSLY AUTHORIZED BY THESE TERMS, YOU MAY NOT COPY, REPRODUCE, MODIFY, LEASE, LOAN, SELL, CREATE DERIVATIVE WORKS FROM, UPLOAD, TRANSMIT, OR DISTRIBUTE THE INTELLECTUAL PROPERTY OF THE WEBSITE IN ANY WAY WITHOUT REPLENISH’S PRIOR WRITTEN PERMISSION. EXCEPT AS EXPRESSLY PROVIDED HEREIN, REPLENISH DOES NOT GRANT TO YOU ANY EXPRESS OR IMPLIED RIGHTS TO REPLENISH’S OR ANY THIRD PARTY'S INTELLECTUAL PROPERTY.

REPLENISH GRANTS YOU A LIMITED, PERSONAL, NONTRANSFERABLE, NONSUBLICENSABLE, REVOCABLE LICENSE TO ACCESS AND USE ONLY THE WEBSITE AND CONTENT ONLY IN THE MANNER PRESENTED BY REPLENISH. EXCEPT FOR THIS LIMITED LICENSE, REPLENISH DOES NOT CONVEY ANY INTEREST IN OR TO ANY REPLENISH INTELLECTUAL PROPERTY BY PERMITTING YOU TO ACCESS THE WEBSITE. EXCEPT TO THE EXTENT REQUIRED BY LAW OR AS EXPRESSLY PROVIDED IN THESE TERMS, NONE OF THE CONTENT MAY BE REVERSE-ENGINEERED, MODIFIED, REPRODUCED, REPUBLISHED, TRANSLATED INTO ANY LANGUAGE OR COMPUTER LANGUAGE, RE-TRANSMITTED IN ANY FORM OR BY ANY MEANS, RESOLD OR REDISTRIBUTED WITHOUT THE PRIOR WRITTEN CONSENT OF REPLENISH. YOU MAY NOT MAKE, SELL, OFFER FOR SALE, MODIFY, REPRODUCE, DISPLAY, PUBLICLY PERFORM, IMPORT, DISTRIBUTE, RETRANSMIT OR OTHERWISE USE THE CONTENT IN ANY WAY, UNLESS EXPRESSLY PERMITTED TO DO SO BY REPLENISH.

IN ADDITION, YOU AGREE THAT:

(A) YOU SHALL NOT DISGUISE THE ORIGIN OF INFORMATION TRANSMITTED THROUGH THE WEBSITE.

(B) YOU WILL NOT PLACE FALSE OR MISLEADING INFORMATION ON THE WEBSITE.

(C) YOU WILL NOT USE OR ACCESS ANY SERVICE, INFORMATION, APPLICATION OR SOFTWARE AVAILABLE VIA THE WEBSITE IN A MANNER NOT EXPRESSLY PERMITTED BY REPLENISH.

(D) YOU WILL NOT INPUT OR UPLOAD TO THE WEBSITE ANY INFORMATION WHICH CONTAINS VIRUSES, TROJAN HORSES, WORMS, TIME BOMBS OR OTHER COMPUTER PROGRAMMING ROUTINES THAT ARE INTENDED TO DAMAGE, INTERFERE WITH, INTERCEPT OR EXPROPRIATE ANY SYSTEM, THE WEBSITE OR INFORMATION OR THAT INFRINGES THE INTELLECTUAL PROPERTY (DEFINED BELOW) RIGHTS OF ANOTHER.

(E) CERTAIN AREAS OF THE WEBSITE ARE RESTRICTED TO CUSTOMERS OF REPLENISH.

(F) YOU MAY NOT USE OR ACCESS THE WEBSITE OR SERVICES IN ANY WAY THAT, IN REPLENISH'S JUDGMENT, ADVERSELY AFFECTS THE PERFORMANCE OR FUNCTION OF REPLENISH’S SERVICES OR THE WEBSITE OR INTERFERES WITH THE ABILITY OF AUTHORIZED PARTIES TO ACCESS THE SERVICES OR THE WEBSITE.

(G) YOU MAY NOT FRAME OR UTILIZE FRAMING TECHNIQUES TO ENCLOSE ANY PORTION OR ASPECT OF THE CONTENT OR THE INFORMATION, WITHOUT THE EXPRESS WRITTEN CONSENT OF REPLENISH.

COMPLIANCE WITH LAWS

YOU AGREE TO USE THIS WEBSITE IN STRICT COMPLIANCE WITH ALL APPLICABLE LAWS, RULES AND REGULATIONS AND IN A MANNER THAT DOES NOT, IN THE SOLE JUDGEMENT OF REPLENISH, NEGATIVELY REFLECT ON THE GOODWILL OR REPUTATION OF REPLENISH. YOU SHALL NOT TAKE ANY ACTIONS WHICH WOULD CAUSE REPLENISH TO BE IN VIOLATION OF ANY LAWS, RULES OR REGULATIONS APPLICABLE TO REPLENISH.

LINKS

(A) OUTBOUND LINKS. THE WEBSITE MAY CONTAIN LINKS TO THIRD-PARTY WEBSITES AND RESOURCES (COLLECTIVELY, "LINKED SITES"). THESE LINKED SITES ARE PROVIDED SOLELY AS A CONVENIENCE TO YOU AND NOT AS AN ENDORSEMENT BY REPLENISH OF THE CONTENT ON SUCH LINKED SITES. REPLENISH MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE CORRECTNESS, ACCURACY, PERFORMANCE OR QUALITY OF ANY CONTENT, SOFTWARE, SERVICE OR APPLICATION FOUND AT ANY LINKED SITE. REPLENISH IS NOT RESPONSIBLE FOR THE AVAILABILITY OF THE LINKED SITES OR THE CONTENT OR ACTIVITIES OF SUCH SITES. IF YOU DECIDE TO ACCESS LINKED SITES, YOU DO SO AT YOUR OWN RISK.

(B) INBOUND LINKS. LINKING TO ANY PAGE OF THE WEBSITE THROUGH A PLAIN TEXT LINK IS STRICTLY PROHIBITED IN THE ABSENCE OF A SEPARATE LINKING AGREEMENT WITH REPLENISH. ANY WEBSITE OR OTHER DEVICE THAT LINKS TO ANY PAGE ON THE WEBSITE IS PROHIBITED FROM (I) REPLICATING CONTENT, (II) USING A BROWSER OR BORDER ENVIRONMENT AROUND THE CONTENT, (III) IMPLYING IN ANY FASHION THAT REPLENISH IS ENDORSING IT OR ITS PRODUCTS, (IV) MISREPRESENTING ANY STATE OF FACTS, INCLUDING ITS RELATIONSHIP WITH REPLENISH, (V) PRESENTING FALSE INFORMATION ABOUT REPLENISH PRODUCTS OR SERVICES, AND (VI) USING ANY LOGO OR MARK OF REPLENISH WITHOUT EXPRESS WRITTEN PERMISSION FROM REPLENISH.

LIMITATION OF LIABILITY AND INDEMNITY

NEITHER REPLENISH NOR ITS MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES OR REPRESENTATIVES WILL BE LIABLE FOR ANY LOSS OR INJURY, OR ANY DAMAGES, WHETHER DIRECT, SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR OTHERWISE, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, RESULTING FROM OR OCCASIONED BY THE ACCESS TO OR USE OF THIS WEBSITE. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS REPLENISH AND ITS MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES AND REPRESENTATIVES FROM ANY LIABILITY, LOSS, CLAIM AND EXPENSE (INCLUDING ATTORNEYS’ REASONABLE FEES) RELATED TO YOUR VIOLATION OF THESE TERMS.

REPLENISH COLLECTS PERSONAL INFORMATION THAT YOU VOLUNTARILY PROVIDE IN THE CONTACT, APPOINTMENT AND NEWSLETTER SIGN-UP SECTIONS OF THE WEBSITE. THIS INFORMATION INCLUDES FIRST AND LAST NAME, TELEPHONE NUMBER, EMAIL ADDRESS AND OTHER INFORMATION YOU SUBMIT. YOUR SUBMISSION OF INFORMATION THROUGH THE WEBSITE IS GOVERNED BY THESE TERMS. YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO PROVIDE SUCH INFORMATION AND THAT YOU HAVE PROVIDED ALL NECESSARY NOTICE AND OBTAINED ALL NECESSARY CONSENTS FOR THE PROCESSING OF SUCH INFORMATION. REPLENISH USES THE INFORMATION COLLECTED VIA THE WEBSITE TO PROVIDE ADDITIONAL INFORMATION OR PERFORM AN ACTIVITY THAT YOU REQUEST. THE PERSONAL INFORMATION WILL BE SHARED WITH THIRD PARTIES WHEN: (A) AUTHORIZED BY YOU, (B) AS NECESSARY TO PERFORM THE SERVICES, OR (C) AS REQUIRED BY LAW, PURSUANT TO LEGAL PROCESS OR IN RESPONSE TO A REQUEST FROM LAW ENFORCEMENT.

REPLENISH ALSO COLLECTS CERTAIN TECHNICAL INFORMATION AUTOMATICALLY, INCLUDING THE IP ADDRESS OF DEVICES; THE TYPE OF BROWSER, DEVICE AND OPERATING SYSTEM; OTHER IDENTIFIERS ASSOCIATED WITH THE DEVICES USED TO ACCESS THE WEBSITE; THE PAGES VISITED AND THE FEATURES USED, INCLUDING DATES AND TIMES; INFORMATION ABOUT NAVIGATION FROM OR TO ANOTHER SITE, AND THE ADDRESS OF THAT SITE. TECHNICAL INFORMATION MAY BE COLLECTED THROUGH THE USE OF COOKIES, CLEAR .GIFS, WEB BEACONS, LOCAL SHARED OBJECTS, FLASH COOKIES OR OTHER TAGS, IDENTIFIERS OR TECHNOLOGIES AS THEY MAY BECOME AVAILABLE OR CHANGE OVER TIME. REPLENISH MAY TRACK THE TOTAL NUMBER OF VISITORS TO THE WEBSITE, THE NUMBER OF VISITORS TO EACH PAGE OF THE WEBSITE, WHETHER VISITORS SHARE THE WEBSITE WITH OTHERS, AND THE DOMAIN NAMES OF THE VISITORS’ INTERNET SERVICE PROVIDERS. THE WEBSITE ALSO USES GOOGLE ANALYTICS TO ANALYZE WEBSITE ACTIVITY. YOU CAN OPT OUT OF GOOGLE ANALYTICS BY VISITING HTTPS://TOOLS.GOOGLE.COM/DLPAGE/GAOPTOUT.

TERMINATION

YOU AGREE THAT REPLENISH, IN ITS SOLE DISCRETION, MAY TERMINATE OR SUSPEND YOUR USE OF THE WEBSITE AND CONTENT AT ANY TIME AND FOR ANY OR NO REASON IN ITS SOLE DISCRETION, EVEN IF ACCESS AND USE CONTINUES TO BE ALLOWED TO OTHERS. UPON SUCH SUSPENSION OR TERMINATION, YOU MUST IMMEDIATELY: (A) DISCONTINUE USE OF THE WEBSITE, AND (B) DESTROY ANY COPIES YOU HAVE MADE OF ANY PORTION OF THE CONTENT.

GOVERNING LAW

TO THE FULLEST EXTENT PERMITTED BY LAW, THESE TERMS ARE GOVERNED BY THE INTERNAL SUBSTANTIVE LAWS OF THE STATE OF GEORGIA, U.S.A. EXCLUDING ITS CONFLICTS OF LAWS PRINCIPLES.

MISCELLANEOUS

REPLENISH RESERVES THE RIGHT TO CHANGE THE TERMS AND THE PRIVACY POLICY FROM TIME TO TIME. ANY CHANGES SHALL TAKE EFFECT UPON POSTING TO THIS WEBSITE. IF ANY OF THE FOREGOING PROVISIONS IS OR BECOMES ILLEGAL, INVALID OR UNENFORCEABLE, THAT SHALL NOT AFFECT THE LEGALITY, VALIDITY OR ENFORCEABILITY OF ANY OTHER PROVISION. REPLENISH IV SOLUTIONS, LLC’S ADDRESS IS 549-6 AMSTERDAM AVE NE, ATLANTA, GA 30306.

EFFECTIVE DATE: DECEMBER 1, 2019