Terms of Service
This website is operated by Rotten Remains. Throughout the site, the terms “we”, “us” and “our” refers to Rotten Remains. Rotten Remains offers this website, including all information and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.
By visiting our site and/or purchasing a product or service from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, customers, vendors, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all of the terms and conditions of this agreement, then you may not access the website or use any of its services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of these Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or by making changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Section 1 - Online Store Terms
By agreeing to these Terms of Service, you represent that you are of legal age in your state or province of residence, or that you are of legal age in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including, but not limited to, copyright laws).
A breach or violation of any of these Terms will result in immediate termination of your Account and/or Services.
Section 2 - General Conditions
We reserve the right to refuse service to anyone for any reason at any time. You understand that your personal information (not including payment or credit card information), may be transferred unencrypted and may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Payment and Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
If you wish to purchase a product or service made available to you through the Site, you may be asked to supply certain information relevant to your Transaction including, but not limited to, your credit card number, the expiration date of your credit card, your email address, your billing address, your shipping information and your telephone number. You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) utilized in connection with any transaction. By submitting such information, you grant to Rotten Remains the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction. You agree that by placing an order on the Site, you are entering into a binding contract with Rotten Remains and agree to pay all charges that may be incurred by you or on your behalf through the Site at the price(s) in effect when such charges are incurred including, but not limited to, all shipping and handling charges and/or taxes.
Section 3 - Accuracy,
Completeness and Timeliness of Information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate or more complete sources of information. Any reliance on the information or material on this site is solely at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and/or accurate and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Section 4 - Modifications to the
Service, Products and Prices
Prices for our products are subject to change at any time without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Section 5 - Products or Services (if applicable)
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. Product designs, descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue or modify any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
6 - Pricing, Shipping and Terms of Sale
You can buy products by using our online purchasing service. Online product purchases may be made by credit card or PayPal.
Sale of Products: All sales are final. Prices for products are described on this Site and are incorporated into this Agreement by reference. All prices are in US dollars. Prices and products may change at Rotten Remains’ discretion.
Additional Terms: In addition to these terms of sale, your purchase of any product, or your participation in any promotion, may be subject to any terms and/or conditions which are specified on this Site at the time you place an order to purchase a product or participate in any promotion.
Payment Methods: Products may be purchased using credit cards or PayPal. Before processing any order, Rotten Remains may obtain pre-approval, from the financial institution which issued the user’s credit card, for the cost of the products together with any/all applicable taxes and/or shipping charges. Your credit card or PayPal account will be charged at the time you place your order.
Formation of Contract / Order: We reserve the right to reject, cancel, correct and/or terminate any order for any reason whatsoever in our sole discretion. Should there be an error in the price of the products, we will notify you, and you may either choose not to purchase the products, or purchase the products at the correct price.
Order Cancellation: Should you request to cancel your order for any reason, we reserve the right to withhold a cancellation fee to cover costs that are incurred for order and payment processing. The order cancellation fee is $5.00 or 5% of the total of the order being cancelled, whichever is greater.
We will email you once your order has been
received; this email is only our confirmation that our servers have received
your order. Your order is deemed to be an offer to purchase the products. Your
order is deemed to be accepted only if we send you an email confirming that your
order has been processed and shipped, and our said email constitutes our
acceptance of your offer. Until you receive an email from us confirming that
your order has been processed and shipped, no legally binding or enforceable
contract exists between you and Rotten Remains.
Products are normally shipped from Canada within two business days (business days are Monday through Friday and excluding holidays) after the order has been processed and completed. We do not represent, warrant or otherwise guarantee the length of time it will take for your order to be processed, shipped or delivered.
Accuracy of Information: In order to complete your order, we rely on the information which you provide to us. By placing an order you represent, warrant and covenant that the information provided to us is complete, true, accurate and up-to-date. You are responsible for any costs which you or we incur as a result of incomplete, untrue, inaccurate or out-of-date information which you provide to us.
Rotten Remains reserves the right to cancel any order for any product that may violate the intellectual property rights of a third party and will notify the purchaser that the order has been cancelled.
Section 7 - Accuracy of Billing
and Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address or phone number, so that we can complete your transactions and contact you as needed.
We reserve the right to hold an order for an unlimited or unspecified period of time or to cancel an order if any billing, shipping, contact or account information is missing, incorrect, invalid or fraudulent.
Section 8 - Claims of Damage,
Defects or Receipt
of Inaccurate Shipment
Any claims for misprinted, damaged or defective items must be submitted to Rotten Remains within 2 weeks after the product has been received. For packages lost in transit, all claims must be submitted no later than 2 weeks after the estimated delivery date. Claims deemed an error on our part are covered at our expense.
Claims of damage, defects or errors in order shipments must be submitted with proof of such claims. Proof of claims can include but are not limited to clear, high resolution photographs of the product(s) as well as any/all packing materials the product(s) were received in. All claims will be reviewed by a quality control specialist before any action will be taken.
Section 9 - Third-Party Links
Certain content, products and services available via our Service may include content or materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party content, materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure that you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Section 10 - User Comments, Feedback
and Other Submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion as unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right.
You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Section 11 - Public Reputation
You acknowledge and agree that you will not use any product ordered from this Site in a way that would be damaging to Rotten Remains’ public reputation or that of its employees. Additionally, you acknowledge that if you choose to display any product ordered from Rotten Remains, in a public setting, including on the Internet, in a way which disparages Rotten Remains, Rotten Remains’ employees, licensors or agents, Rotten Remains reserves the right to demand immediate return of the product, to furthermore pursue all recourses and remedies available under the law.
Section 12 - Personal
Section 13 - Shipping and Return
Our Shipping and Return Policy is part of this Agreement.
Section 14 - Errors, Inaccuracies
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product design, descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Section 15 - Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your account, use of the Service or any related website for violating any of the prohibited uses.
Section 16 - Intellectual Property
Rotten Remains respects the intellectual property rights of others.
Rotten Remains may terminate the accounts of users who appear to infringe on the copyright or other intellectual property rights of others.
If you believe that your content has been copied in a way that constitutes copyright and/or trademark infringement, please notify Rotten Remains, and provide the following information (“Notice”):
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright/trademark interest;
A description of the copyrighted work and/or trademark claimed to have been infringed;
A description of where the claimed infringing content is located on our Site;
Your 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/trademark owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are authorized to act on behalf of the owner of the copyright/trademark interest involved.
Section 17 - Disclaimer of Warranties; Limitation
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and/or all products and/or services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either expressed or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Rotten Remains, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, but not limited to, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Section 18 - Indemnification
You agree to indemnify, defend and hold harmless Rotten Remains and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Section 19 - Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Section 20 - Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Section 21 - Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Section 22 - Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States and Canada.
Section 23 - Changes to Terms of
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Section 24 - Contact Information
Questions about these Terms of Service should be sent to us via our contact us form located on our Contact Us page.