R2R/OMG-Terms and Conditions- Part 1-General
These Terms and Conditions ("Terms", "Terms and Conditions") govern your relationship with https://omg.com.pr website (the "Service") operated by R2R ,inc. ("us", "we", or "our"), OMG- "Oh My Gold"-TM Rewards Brand.
Please read these Terms and Conditions carefully before using the Service.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.
Availability, Errors and Inaccuracies
We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Contests, Sweepstakes and Promotions
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
The Service and its original content, features and functionality are and will remain the exclusive property of R2R ,inc. and its licensors. The Service is protected by copyright, trademark, and other laws of both the Puerto Rico and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of R2R ,inc..
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by R2R ,inc..
R2R ,inc. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that R2R ,inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
Limitation Of Liability
In no event shall R2R ,inc., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
R2R ,inc. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
These Terms shall be governed and construed in accordance with the laws of Puerto Rico, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
R2R/OMG Terms & Conditions - Part 2- Specifics
R2R/OMG Inc. (“R2R/OMG” or “we”) offer the R2R/OMG GOLD-Back Shopping Program (“Program”) to allow members to earn GOLD-Back on purchases completed through the websites, applications, and other related properties (collectively, the “R2R/OMG Properties”) subject to these terms and conditions (“Agreement”). This Agreement constitutes a legally binding agreement between each individual who enrolls in the Program or otherwise uses any one of the R2R/OMG Properties (“Member” or “you”).
By enrolling in the Program or using any R2R/OMG Property, you acknowledge that you have read and understood this Agreement and agree to be bound by all of its terms, including the arbitration clause and class action waiver described in Section 20 below to resolve any disputes with R2R/OMG (except for matters that may be taken to small-claims court).
R2R/OMG may modify this Agreement from time to time, with or without notice, and your continued use of the R2R/OMG Property after such modification shall be deemed to be your acceptance of any such modification. If you do not agree to any modification of this Agreement, you must immediately cease use of the R2R/OMG Properties.
1. R2R/OMG GOLD-Back Shopping Program
R2R/OMG receives compensation for referring buyers to the retailers, brands, merchants, and other partners participating in the Program (“Affiliate Stores”). R2R/OMG gives a portion of this fee to its Members as GOLD-Back. Compensation received by R2R/OMG may play a part in whether retailers and products appear on our site, where they are placed, and how we promote them to you. Participation in the Program and the opportunity to earn GOLD-Back are offered at the sole discretion of R2R/OMG and subject to your compliance with this Agreement.
2. Becoming a Member
3. Program License
Subject to this Agreement, we hereby grant you a non-exclusive, non-transferable license (without the right to sublicense) to access and use the R2R/OMG Properties for your personal use to access the Program. You agree that you obtain no rights other than the rights and licenses expressly granted in this Agreement. R2R/OMG reserves the right to change, upgrade, or discontinue the Program and any R2R/OMG Property or any feature of the Program or the R2R/OMG Properties, at any time, with or without notice. All rights not expressly granted under this Agreement are reserved by R2R/OMG or its licensors.
4. Program Restrictions
You agree that you will not, and will not permit others to: (i) damage, interfere with or unreasonably overload the R2R/OMG Properties; (ii) introduce into the R2R/OMG Properties any code intended to disrupt the Program; (iii) alter or delete any information, data, text, links, images, software, chat, communications and other content available through the R2R/OMG Properties (collectively, “Content”); (iv) access the Program or the R2R/OMG Properties by expert system, electronic agent, “bot” or other automated means; (v) use scripts or disguised redirects to derive financial benefit from R2R/OMG; (vi) modify, reverse engineer, reverse assemble, decompile, copy or otherwise derive the source code of any R2R/OMG Property for any reason; (vii) rent, sell or sublicense any of the R2R/OMG Properties; (viii) provide any unauthorized third party with access to the Program; (ix) access confidential Content through the R2R/OMG Properties; (x) interfere with the operation of the Program, including, but not limited to, distribution of unsolicited advertising or mail messages and propagation of computer worms and viruses; (xi) post any material in any form whatsoever on the R2R/OMG Properties or within the Program that is defamatory, obscene or otherwise unlawful or violates any third party’s right of privacy or publicity; (xii) infringe any third party’s patent, copyright, service mark, trademark or other intellectual property right of any kind or misappropriate the trade secrets of any third party in connection with your use of the Program or the R2R/OMG Properties; (xiii) engage in any activity that does not comply applicable law and regulations or otherwise engage in any illegal, manipulative or misleading activity through the use of the Program.
5. Earning GOLD-Back
5.2. In-Store: R2R/OMG may also offer you the opportunity to earn GOLD-Back on purchases made in store (“In-Store GOLD-Back”) at certain physical Affiliate Store locations by linking your payment card to an “in-store” offer (“Card Linked Offer”) and subsequently using such payment card to complete the purchase transaction in accordance with the terms of the Card Linked Offer. The terms of the R2R/OMG In-Store GOLD-Back Terms & Conditions ( Coming Soon) and the terms accompanying each Card Linked Offer will govern how In-Store GOLD-Back is earned and paid to the extent they vary from this Agreement.
5.3. Check-Out: R2R/OMG may offer a shopping cart feature through the R2R/OMG Properties (“Check-Out”) to allow you to add products from participating Affiliate Stores and use saved Account information (such as your shipping address and/or payment card number) to complete your purchase. R2R/OMG is not the merchant of record for any product purchases made through Check -Out and does not have any liability with respect to any products you purchase through Check-Out. While R2R/OMG may estimate shipping cost for you during the Check-Out process, this is only an estimate, and the actual shipping costs and applicable sales tax (if any) shall be set forth on the purchase confirmation delivered by the Affiliate Store to you. R2R/OMG may send you an order confirmation to confirm that your order has been placed with the Affiliate Store through Check-Out, but this is not a receipt. Your official purchase confirmation and receipt will come from the Affiliate Store. All product purchases made through Check-Out are subject to the Affiliate Store policies, including, without limitation, applicable shipping, privacy, and return policies, which may not be available for review on the R2R/OMG Properties during the Check-Out process. Please review them on the respective Affiliate Store’s website prior to making your purchase.
5.4. R2R/OMG Hotels: R2R/OMG offers a hotel reservation site (“R2R/OMG Hotels”) to assist you in searching for hotels and making hotel reservations. Your use of R2R/OMG Hotels is subject to the R2R/OMG Hotels Terms & Conditions: (ie.This addition/property of R2R/OMG and URL link = Coming soon) and will govern to the extent they vary from this Agreement.
5.5. R2R/OMG Browser Extension: R2R/OMG may make available a browser extension to enhance your shopping experience (“R2R/OMG Browser Extension”). Your use of R2R/OMG Browser Extension is subject to the R2R/OMG Browser Extension Terms: (i.e. Browser Extension and link = Coming soon) and will govern to the extent they vary from this Agreement.
6. GOLD-Back Exclusions
GOLD-Back is earned on your net purchase amount, which excludes taxes, fees, shipping, gift-wrapping, discounts or credits, returns or cancellations, and extended warranties. Purchases of gift cards do not qualify for GOLD-Back. GOLD-Back amounts vary by store and product category and may contain exclusion in the terms of the offer. Please review these terms carefully. R2R/OMG uses reasonable efforts to maintain a list of exclusions. The list of exclusions is subject to change without notice, and R2R/OMG hereby disclaims any and all liability in connection with any incorrect information or failure to include information on the list of exclusions.
7. Affiliate Store Policies
A product purchased from any Affiliate Store through the Program, whether online or in store, is governed by and subject to the applicable Affiliate Store’s policies, including applicable exchange and shipping policies. You agree that we are not agents of any Affiliate Store and that the Affiliate Stores operate independently and are not under our control with respect to the Program or otherwise. Accordingly, your participation in offers or promotions of, or correspondence with, any Affiliate Store is solely between you and that Affiliate Store. We do not assume any liability, obligation or responsibility for any part of such correspondence, offer or promotion, including, without limitation, the withdrawal or modification of any such offer or promotion. R2R/OMG is not responsible for changes to, or discontinuance of, any Affiliate Store, or for any Affiliate Store withdrawal from the Program, or for any effect on accrual of GOLD-Back caused by such changes, discontinuance, or withdrawal.
8. Bonuses & Other Rewards
R2R/OMG periodically offers bonuses or rewards for referring new Members to the Program or for other specific actions. The terms and conditions accompanying such offers will govern how they are earned and paid if the terms and conditions differ from this Agreement. You may not include your referral link or distribute your referral link on any website or platform that does not belong to you, such as social media pages belonging to merchants or forum pages belonging to third parties. You are prohibited from bidding on keywords containing “R2R/OMG” or other similar words or marks for the purpose of driving traffic to your pages. You shall not send any paid traffic directly to your referral link.
9. Receiving Payment
9.1. Requirements: As a condition of payment of accrued GOLD-Back or other rewards, you must establish and maintain an Active Account (defined below) with the information necessary to process your payment: a valid email address at which you are able to receive email, a valid postal address, your first and last name, and a password to protect your Account. If you elect to receive payment via PayPal, you must provide us a valid PayPal email address. You must not use a PayPal account associated with another R2R/OMG Account. A single PayPal email address cannot be connected to multiple R2R/OMG Accounts. Also as a condition of payment, you must not be a resident of a country subject to economic or trade sanctions by the U.S. State Department or U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”) or be listed as a “Specially Designated National,” a “Specially Designated Global Terrorist,” a “Blocked Person,” or similar designation under the OFAC sanctions regime. You further agree to provide additional information we may reasonably request to verify your identity as a condition for receiving payment. The minimum payment amount is $50.01 US Dollars. Balances below $50.01 US Dollars remain in your account for potential payment during the next payment period. For Gold shipments, all for which you must pay the shipping & handling and insurance, the minimum amount is the smallest ingot size feasible for same, which is 1 Gram of Gold.
For Gold kept in our Private Vault Partners Storage, once your transaction is cleared and paid to R2R/OMG, it is exchanged for GOLD, and held in your Virtual Account there, from which it can be : Stored,Sold or Shipped. See the Terms & Conditions, on the website of your Gold holdings associated Vault, shown in your Back-office members login area ,and you agree to abide by same.
9.2.A Payments: R2R/OMG pays members in U.S. dollars via check, PayPal, or other payment options as R2R/OMG may make available from time to time. Members may select or change their payment options in the account settings through the R2R/OMG Properties. R2R/OMG typically pays its Members accrued GOLD-Back and other rewards every 45 to 120 days .Depending on and according to, when the R2R/OMG Member’s purchase is settled at Affiliated retailer/wholesaler where purchase was made, and commissions paid to R2R/OMG’s accounts (i.e. no charge-backs, refund,return or fraud problems),then the rebate portion shared with client/Member will be paid in GOLD, to their account within 3-5 business days.
Please note that accrual rates vary depending on the Affiliate Store’s policies and reporting schedules. For example, GOLD-Back for travel-related purchases typically does not accrue until after travel has been completed. R2R/OMG reserves the right to delay payment for any purchase based on changes to Affiliate Store policies at any time. R2R/OMG also reserves the right to modify the payment schedule at any time. R2R/OMG is not responsible for payments delivered to the wrong address through no fault of R2R/OMG or for payment errors made by payment partners like PayPal. If your check expires without being cashed or deposited, or if it is returned uncashed to R2R/OMG, the payment amount will be returned to your Account, where it may be subject to inactive account maintenance charges described in Section 10.2 below unless you take the proper steps to restore your Account to Active status.
9.2.B- R2R/OMG Client-Member shall not at any time,for any reason, contact our Corporate Private Vault Partner Services about their Rebated Gold Holdings, for any questions or concerns or action requests at all (et al). You will make all such inquiries,requests and more through R2R/OMG Support contact services provisions ONLY.
As all Gold Rebate funds at our contracted Vaults, are held in Aggregate via our Corporate Accounts, and accounted for you through your Virtual Holding individual account (i.e. which can be viewed in your Members Login area, as your Available funds/non-pending). This is to keep all your rebate funds: safe,secured, insured and accounted correctly, without any additional fees to you the R2R/OMG Member, and most importantly "Tax-free". This Available (cleared/paid) Funds in Gold, can be: securely held long-term, sold, willed ,or shipped (you pay shipping-handling-insurance) per our rules requirements by request. When your Virtual Holdings, within our Physical Gold Aggregate Corporate R2R/OMG Accounts reach sufficient/substantial amounts, we(R2R/OMG) or associated partners, may in the future offer Loans against these assets, so you do not have to sell out for short term needs (coming soon).
You will make all such inquiries,requests and more through R2R/OMG Support contact provisions ONLY. Failure to abide by this, and potentially overload our Vault Partners Support team, with queries they do not have individual accounts for, will result in Members Warning 1st, and then suspension or closure of their membership account with R2R/OMG.
If you choose to go through our referral links (Coming soon) to open an individual allocated account with one of our contracted Gold Holdings Vaults, in addition to your tax-free aggregate holdings in our Corporate Account with them, then those purchased Gold Holdings will not be Tax-free, as it only results to be as such from Purchases rebates, and you must consult your own advisers on any reporting requirements and potential taxes due, on your directly purchased Holdings . You will then communicate directly with the Private Vault on that direct individual allocated account Only. And, of course, abide by their (the Vaults) own Terms and Conditions and guidance/rules. There are no rebates offered on direct purchases for your separate account, from these Vaults at this time,and none promised.
Yet, R2R/OMG may offer our own Proprietary Precious Metals Products, at a future date, that do have Gold Rebates on certain types of same (i.e. Small ingots or coin units, or Bullion Jewelry), where margins and more make that possible and practical, so stay alert to those offerings. And those products, will have tax-free rebates in Gold ,on top of the Gold, or PM (Precious Metals) or Jewelry you Purchase.
9.3. Gift Cards: Periodically, R2R/OMG may offer gift cards in connection with a promotion or as a redemption option for your GOLD-Back. Gift cards are subject to the terms and conditions of the gift card issuer and the applicable Affiliate Store policies. R2R/OMG is not responsible for lost or stolen payments, including gift cards.
9.4. Account Adjustments: In our sole discretion, we may deduct GOLD-Back from your account in order to make adjustments for returns and cancellations with respect to Qualifying Purchases. Any such adjustments, however, will be made in accordance with this Agreement, any applicable R2R/OMG policies and terms, the terms of any Affiliate Store offers, and any and all applicable laws, rules, and regulations. The determination of whether a purchase made through an R2R/OMG Affiliate Store qualifies for GOLD-Back is at the sole discretion of R2R/OMG. If an Affiliate Store fails to report a transaction to R2R/OMG or fails to make payment to R2R/OMG for any reason, R2R/OMG reserves the right to cancel the GOLD-Back associated with that transaction. It is your responsibility to check your Account regularly to ensure that GOLD-Back has been properly credited and paid and that your Account balance is accurate. If you believe that GOLD-Back has not been correctly credited to your account, you must contact R2R/OMG Member Services within ninety (90) days of the transaction. Should you disagree with any adjustments made to your account or payments made to you, your sole remedy is to withdraw from the Program.
9.5. Taxes: You may be taxed on your receipt of bonuses and other consideration (merchandise, travel, etc.) for member referrals or other promotional activities (such as prizes from a sweepstakes) depending on the tax laws of federal, state, and local jurisdictions. You will be solely responsible for any and all tax liability arising out of the consideration received in connection with any member referrals or promotional activities.
Rebates paid on your qualified purchases, are non-taxable/tax-free under USA/ IRS rules of Exclusions from IRS Site on Taxation exceptions, and/or on our FAQ (i.e. How can you say that the Rebate , is "Tax-Free"? ).
10. Updating & Maintaining Your Account
10.1. Updating Your Account: You agree to keep your Account information current, complete, and accurate by periodically updating the information through the R2R/OMG Properties. You must be logged into R2R/OMG and enter your password to change your Account information and payment preferences. You may check your Account status and recent earning history at any time via the R2R/OMG Properties. You will maintain the confidentiality of your Account information, including username and password by which you access the Program. Any use of your username and password will be deemed to be your use, and R2R/OMG is entitled to act on instructions received under your password and is not responsible for any credits or debits made to your account by someone else who uses your password. If there is a breach of security through your Account, you will immediately change your password and notify us of such breach. You agree that, unless you have first notified us immediately of any such breach, we should assume that any instruction transmitted using your username and password is yours and has been authorized by you, and we will have no obligation to inquire into the propriety of such instruction.
10.2. Maintaining Your Active Account: An Active Account means you must engage in one of the following activities within the past twelve (12) months: (i) updated your Account information, (ii) have shopped or started a shopping trip via the R2R/OMG Properties, (iii) linked a payment card to an in-store offer, (iv) have accrued GOLD-Back, or (v) have logged into your Account. If your account is inactive for more than twelve (12) consecutive months, R2R/OMG reserves the right to debit your R2R/OMG account balance two dollars ($2.00) per month to recover the cost of account maintenance until you reactivate your account by engaging in one of the activities set forth above in subsections (i) to (v) or until your account balance is zero. If the balance in your inactive account is or becomes zero, R2R/OMG will close the account permanently and cease to maintain your account records and Program access. The inactive account maintenance charge will not cause your account balance to become negative and will not cause you to owe money to R2R/OMG.
10.3. Fraudulent Activity: We reserve the right to investigate any purchase transactions, referral activity, or interaction with any R2R/OMG Property that we believe, in our sole discretion, is abusing or has abused the Program. We reserve the right to rescind any GOLD-Back, bar further GOLD-Back awards and/or bonuses to, and/or terminate the Program membership of, any Member that we believe, in our sole discretion, is abusing or has abused the Program, including, without limitation, by engaging in a pattern of returning products after the corresponding GOLD-Back has been credited or making fraudulent referrals by creating multiple Accounts. Any failure to comply with this Agreement, any fraud or abuse relating to the accrual or receipt of GOLD-Back or other rewards and bonuses, or any misrepresentation of any information furnished to R2R/OMG by you or anyone acting on your behalf may result in the termination of your membership in the Program and forfeiture of your accrued GOLD-Back rewards. If R2R/OMG has any reason to suspect fraudulent activity is associated with your Account, R2R/OMG reserves the right to delay or withhold payment of GOLD-Back. Any suspected or actual cases of fraud activity will be escalated and reviewed in accordance with our fraud policy.
11. Receiving Communications
12. R2R/OMG Applications
R2R/OMG may make available software applications (“R2R/OMG Applications”) to assist Members in earning GOLD-Back without visiting R2R/OMG’s various URL Properties directly, including the R2R/OMG Browser Extension and R2R/OMG Mobile Application. For purposes of this Agreement, references to R2R/OMG Properties shall include R2R/OMG Applications. R2R/OMG Applications and their underlying information and technology may not be exported or re-exported into any country to which the U.S. has embargoed goods or 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. 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, and that you will otherwise comply with all applicable export control laws. If you are a U.S. government end user, we are licensing the R2R/OMG Application to you as a “Commercial Item” as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the R2R/OMG Applications are the same as the rights we grant to all others under this Agreement.
13. Third-Party Platforms
When you access or use the R2R/OMG Properties, we may make available services from one or more third parties (“Third-Party Platforms”).
13.1. Social Sign On: The R2R/OMG Properties support Third Party Platforms, including Facebook, Google, and others, to make it easier for you to sign in or create your R2R/OMG Account. Any use of Third Party Platforms to create and access your R2R/OMG Account are subject to the terms and conditions and privacy policies of such third parties (“Third Party Terms”).
13.2. Google Connect: Google Connect is a feature that allows you to create your R2R/OMG Account or to sign into the Services with your Google email account. By using Google Connect, your Google email account will automatically be linked to your R2R/OMG Account. You may disconnect your Google account at any time in the Account Settings of your R2R/OMG Account or by removing the authorization through your Google account. A connection between your Google account and your R2R/OMG Account is not required for you to be a member of R2R/OMG and to earn GOLD-Back. Connecting your Google email account will permit us to access your Google email account content (“Account Content”). R2R/OMG will not delete or modify your Account Content. We use your Account Content to confirm your GOLD-Back faster and more reliably, personalize your experience with our Services, and improve our Services, generally.
14. Community Standards
By participating in the Program, you are becoming a Member of a community that depends on the goodwill and responsible behavior of each of our Members. Members are required to refrain from transmission or communication of images or text constituting ethnic slurs, obscenities, sexually explicit material, inflammatory or derogatory comments, or anything else that may be construed as harassing or offensive, which is targeted at the Program, the R2R/OMG Properties, our employees, contractors or agents, our Affiliate Stores, or other Members. This includes communications by means of social media or other Internet posts which violate the above community standards or promote or encourage gaming or fraudulent behavior. Members who violate this provision, as determined by us in our sole discretion, may have their access to the Program suspended or terminated without prior notice.
All right, title, and interest in the Program, the R2R/OMG Properties, and the Content belong to R2R/OMG or its licensors. Additionally, R2R/OMG shall maintain all right, title, and interest in “R2R/OMG,” the R2R/OMG logos, and any other marks, service marks, trademarks, or logos of R2R/OMG (“R2R/OMG Marks”) that are registered in the U.S. and other countries. The R2R/OMG Marks may not be used in connection with any product or service that is not R2R/OMG in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits R2R/OMG. You shall not by any means bid on any keywords with any search engine containing “R2R/OMG” or anything substantially similar to “R2R/OMG” or any other R2R/OMG Mark including all such or similar, without limitation. You shall not mention or use R2R/OMG in any ad text, extensions or banner ads without the express written consent of R2R/OMG. All other trademarks not owned by R2R/OMG that are used in the Program are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by R2R/OMG.
You agree to indemnify R2R/OMG, any Affiliate Store, as well as their respective officers, directors, employees, successors, agents, and affiliates, for any and all claims, damages, losses and causes of action (including attorneys’ fees and court costs) arising out of or relating to your breach of this Agreement or for any materials in any form whatsoever that are provided by you (or through your username and/or password). You agree to cooperate as fully as reasonably required in our defense and/or settlement of any claim. We reserve the right, in our reasonable discretion, to assume exclusive control over the defense and settlement of any matter subject to indemnification by you.
17. Warranty Disclaimer
THE PROGRAM, CONTENT, AND THE R2R/OMG PROPERTIES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE MAKE NO WARRANTY AS TO THE QUALITY, ACCURACY, CURRENTNESS, COMPLETENESS, RELIABILITY OR VALIDITY OF THE PROGRAM, CONTENT, OR THE R2R/OMG PROPERTIES, INCLUDING, WITHOUT LIMITATION, ANY PRODUCT SEARCH RESULTS, PRODUCT DESCRIPTIONS, PRODUCT AVAILABILITY, PRICING INFORMATION ADVICE, OPINION, STATEMENT, RECOMMENDATIONS, OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED IN CONNECTION WITH THE PROGRAM. R2R/OMG DOES NOT WARRANT THAT THE FUNCTIONALITY OF THE R2R/OMG PROPERTIES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THEY WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHER, R2R/OMG DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OF, OR ACCURACY OF ADVERTISEMENTS FOR, ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY ITS AFFILIATE STORES IN CONJUNCTION WITH THE PROGRAM.
18. Limitation on Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL R2R/OMG BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR OTHER INDIRECT DAMAGES OR FOR ANY LOSS PROFITS, LOSS DATA OR LOSS OF USE DAMAGES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, R2R/OMG’ MAXIMUM AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT WILL NOT EXCEED FIFTY U.S. DOLLARS ($50).
19. Termination or Suspension
This Agreement is effective when accepted by you and will remain in effect until you or we terminate your membership in the Program. We may terminate this Agreement and your use of or access to the Program at any time, for any reason or no reason. Any violation of this Agreement or the rules and conditions of the Program may result in cancellation of your membership to the Program, your Account and/or forfeiture of pending or prior GOLD-Back. We may, in our sole discretion, at any time and without prior notice, discontinue, cancel, suspend, change or limit access to all or any part of the Program or any functionality, feature or other component of any R2R/OMG Property. You agree that R2R/OMG will not be liable to you or to any third party for any modification, suspension, or termination of the Program or your access to any of the R2R/OMG Properties. If you are dissatisfied with any aspect of the Program at any time, your sole and exclusive remedy is to cease participating in the Program. Upon any termination of the Program, your right to use and access the Program, and the R2R/OMG Properties, and to receive GOLD-Back, will terminate. Termination will not prejudice either your or our remedies at law or in equity.
20. Governing Law & Arbitration
The validity, construction, and interpretation of this Agreement, and the rights and duties of the parties hereto, will be governed by and construed in accordance with the laws of Puerto Rico, in the Territories of the United States, excluding its conflicts of laws principles. However, as explained below, the agreement to arbitrate in the following paragraph is governed by United States federal law.
You agree that any dispute, claim or controversy arising out of or in connection with R2R/OMG business or this Agreement or relating in any way to the Program or the R2R/OMG Properties shall be determined by binding arbitration. You further agree that the U.S. Federal Arbitration Act and federal arbitration law shall govern the interpretation and enforcement of this agreement to arbitrate.
Arbitration uses a neutral arbitrator instead of a judge or jury, and is more informal than a lawsuit in state or federal court. Discovery in arbitration is more limited than is generally available in the courts and the arbitrator’s decision is also subject to very limited appellate review by the courts.
You also agree to waive the right to a trial by jury or to participate in a class action. These waivers are mutual as between you and R2R/OMG, and R2R/OMG waives its right to a trial by jury or to participate in a class action against you. This means that neither you nor R2R/OMG can seek to assert class or representative claims against each other either in court or in arbitration and no relief can be awarded on a class or representative basis. The arbitrator also may not consolidate or join another person’s claim with your claim or issue an order that would achieve the same result. You and R2R/OMG further agree that if the provisions of this paragraph are found to be unenforceable, then the entire provision compelling arbitration shall be null and void.
You also agree that all issues are for the arbitrator to decide. This includes all issues related to the scope, application, interpretation and enforceability of this Agreement and this arbitration provision. The arbitrator shall also decide whether any claim is subject to arbitration.
The arbitration will be governed by the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at www.adr.com. The arbitrator is bound by the terms of this Agreement. If your claim in arbitration is for less than $10,000, R2R/OMG will reimburse you for filing and arbitrator fees at the conclusion of the proceeding unless your claim is found to be frivolous by the arbitrator.
In lieu of arbitration, you may also elect to have your claims decided in small-claims court, so long as the small-claims court does not permit class, representative, or consolidated actions, or the award of relief in favor of any person or entity that is not a named party to the small-claims action.
You may not assign your rights and obligations under this Agreement, in whole or in part, without our prior written consent, and any such assignment without such consent will be null and void.
Headings under this Agreement intended only for convenience and shall not affect the interpretation of this Agreement.
23. No Waiver; Severability
Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. If any provision of this Agreement is held to be invalid, such invalidity shall not affect the remaining provisions.
24. Entire Agreement
This Agreement (Parts 1-General and 2-Specific, incorporated herein, combined in total) represents the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or representations, written or oral (including without limitation, earlier versions of this Agreement that may have been accepted by you). We reserve the right to modify this Agreement at any time. Your non-termination and continued participation in the Program or use of any R2R/OMG Property after modification of this Agreement will constitute affirmative acceptance by you of such modification and your consent to abide by any terms thereof.
If you have any questions about these Terms, please contact us.