Razilia
Razilia

RAZILIA GENERAL TERMS OF USE

The terms and conditions stated herein (the “Agreement” or “Terms”) constitute a legal agreement between you and Razilia (“Razilia” or “we”).

In order to (i) use Razilia’s Website or social media pages and accounts that are available on computer, or any other electronic device (together, the “Sites”) or (ii) Razilia’s platform provided in the Sites which allows users to either, individually or collectively and as a group (“Groupe Purchasing”), purchase and receive items from Razilia listed on the platform for sale (the “Services”), you must agree to the terms and conditions that are set in this Agreement. For the purposes of this Agreement, “Website” means Razilia.com or any other website or application through which Razilia makes its Services available and posts this Agreement. By installing or browsing the Sites or by using the Services, you hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement. If you do not agree with the terms and conditions, do not use the Sites and the Services.

WHAT WE DO

Razilia is a company that provides a platform where you can purchase products offered by Razilia, either collectively or individually in a variety of pricing formats (the “Platform”).

PRIVACY POLICY

Razilia is committed to protecting your personal information. For more information about how we collect and use your personal information, please read Razilia’s privacy policy (“Privacy Policy”) carefully. You can find the Privacy Policy at https://razilia.com/privacy-policy/. 

REPRESENTATIONS AND WARRANTIES

By using the Sites and the Services, you expressly represent and warrant that you are legally entitled to enter into this Agreement, that you have the right, authority and capacity to enter into this Agreement and to abide by its terms and conditions. If you reside in a jurisdiction which restricts the use of the Sites or the Services because of age, or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits and you must not use the Sites or the Services. When using the Sites and the Services, you agree to comply with all applicable laws of the Province of Quebec and of Canada and any laws from any jurisdiction that are applicable to you.

CONNECTION REQUIREMENTS, FEES AND DELAYS

You need a supported Web browser or operating system to access the Sites and Services. You acknowledge and agree that Razilia may cease to support a given Web browser or operating system or and that your continuous use of the Sites and Services will require you to acquire a supported Web browser or operating system.

You are always responsible for any Internet service provider, telephone, wireless and other connection or communication fees that you may incur when using the Sites and Services.

You acknowledge and agree that the performance of the Sites and Services is incumbent on the performance of your computer, mobile, or other electronic device and your Internet or data connection. The sites and services may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. Razilia is not responsible for any delays, delivery failures, or other damages of whatsoever nature resulting from such problems.

REGISTRATION AND ACCOUNT

You do not need to register to browse our Sites or to use our Services. If you wish to create an account to facilitate subsequent transactions, you can create a user account (the “Account”), and you agree to provide true and accurate information for registration, such as your e-mail address and your name. Only natural persons can create an Account and no legal entity is authorized to do so.

We may provide you the option to create an Account on our Sites by using your social network credentials, such as those used for connection on Facebook or Google. When connecting your Account with any of your social network accounts, you hereby acknowledge that we may collect personal information you have made available on those social networking sites. For more information about what we collect and how we use it, please see our Privacy Policy.

By creating an Account, you warrant and represent that you have the age of majority in your state or province of residence.

You are solely responsible for maintaining the confidentiality of your username and password, or any other login information, and you shall not share or otherwise allow others to use your Account. You are responsible for any activity carried under your Account by you or by any person to whom you have intentionally or by negligence disclosed your login information. Should you be made aware of any unauthorized use of your Account, you agree to notify promptly Razilia by sending notice to [email protected]. Razilia will not be held responsible nor liable, directly or indirectly, for any type of loss or damage incurred by your failure to comply with these constraints.

USE OF THE SITES AND SERVICES

As conditions to your use of our Sites and Services, you agree not to the following rules:

  1. use the Sites and Services for any illegal or inappropriate purposes;
  2. attempt to get a password, Account information, or other private information from any other user of the Sites and Services;
  3. infringe Razilia’s intellectual property rights;
  4. improperly use contact form or make false reports to Razilia;
  5. except as otherwise permitted under this Agreement, or under applicable law, copy, photocopy, reproduce, publish, distribute, translate, reverse engineer, modify, decompile or disassemble, all or any portion of the Sites or Services;
  6. access, tamper with, or use any non-public areas of the Sites, or attempt to probe or test the vulnerability of the Sites or any related system or network or breach any security or authentication measures used in connection with the Sites and such systems and networks;
  7. impersonate another person or misrepresent your affiliation with any person or entity;
  8. provide payment information belonging to a third party;
  9. use the Sites and Services in a way that would be discriminatory, that would incite or promote hostility or violence or that would result in harming the reputation, insulting, harassing, threatening or otherwise violating the legal rights of others;
  10. generally interfere with the proper working of the Sites and Services.

Any failure to comply with above-mentioned obligations (“Rules”) shall constitute a violation of this Agreement. Razilia will have the right to investigate and prosecute violations of any of the above, including without limitation possible infringement of any intellectual property rights and possible security breaches, to the fullest extent of the law. You acknowledge that, although Razilia has no obligation to monitor your access to or use of the Sites and Services, it has the right to do so for the purpose of operating the Sites and Services, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body.

In addition, you are solely responsible for all information that you submit to Razilia and any consequences that may result from your use of Services. We reserve the right at our discretion to refuse to accept or to delete content that we believe is inappropriate or breaches these Terms.

If at any time any of the foregoing Rules are found by Razilia to have been breached by any user or past user of the Sites or Services, Razilia reserves the right, in addition to any other rights or remedies Razilia may have, to obtain an injunction or other equitable relief from a court of competent jurisdiction in order to enjoin the user from using, profiting from or otherwise continuing such breach, and, all users hereby irrevocably agree and covenant to indemnify and hold Razilia completely harmless from any and all claims, damages, liabilities or losses Razilia may suffer, whether directly or indirectly, as a result of such breach.

If We believe that you are breaching these Terms in any way and/or behaving suspiciously when using Razilia Sites or Services, Razilia may, at its discretion, in addition to any other rights or remedies Razilia may have, inform other users that have been in contact with you and recommend that they exercise caution.

We may suspend or cancel unconfirmed Accounts or Accounts that have been inactive for more than six months. Additionally, Razilia reserves the right to suspend or terminate any Account or refuse access to all or any part of the Services to any user for any reason at its discretion.

PURCHASE OF ITEMS

The Platform has two methods of purchase offered to its users for the items for sale. The items shall be sold by Razilia and appear on the Platform with a set limit time with a starting time and an end time. 

The first method of purchase is through group purchasing, where a group of individuals (the “Participants”) will purchase as a collective having joint interests in the item sold by Razilia and where one of the Participants will be able to receive possession of the item for sale (“Group Purchasing”). Razilia will create a finite number of individual spots for Participants with a specified price attached to each spot. Each Participant may choose to purchase one or more spots. The combined price for all the spots will be the entire purchase price for the Item. If not all spots assigned to the item have been purchased after the specified time limit, the participants shall be reimbursed by Razilia in a reasonable timeframe. The process to determine the Participant that will own the item will be taken care of by a third party randomizer, either through the website www.random.org or a similar website. By participating, all users consent to Razilia providing the username of the individual who will receive possession of the item. The Participants will be notified by Razilia on who was chosen by the utilization of the third party randomizer. Only that one individual will be entitled to receive possession of the item for sale, unless otherwise noted. All the participants shall be notified with the result and by participating, all users consent to Razilia providing the username of the individual who will receive possession of the item.

The second method of purchase is through a “Buy Now” option which allows a purchaser to purchase the item for the posted Buy Now price, which will be listed and determined before the starting time. In this case, the Purchaser will be entitled to receive possession of the item for sale. This method of purchase does not have an impact on the first method, as the Group Purchasing shall still be possible even if one of the items is purchased as a “Buy Now” option.

PAYMENT TERMS

Any amounts that Razilia may charge you during the use of the Services are due immediately upon purchase, and are non-refundable, to the fullest extent permitted by applicable laws, unless all spots assigned to the item have been purchased after the specified time limit or otherwise determined by Razilia in its sole discretion.

The user can provide the payment by credit card or PayPal. Razilia (or its third-party payment processor, if applicable) shall charge all applicable fees on the credit card specified for the payment. When you provide your payment information to Razilia or to its third-party payment processors, when applicable, you represent and warrant to Razilia that you are the authorized user of the card provided for a given payment. We may require you to provide your address or other information in order to meet our obligations under applicable tax law. You agree that we do not provide any warranties with respect to such third-party payment processor services and that it is your responsibility to read the terms and conditions and/or privacy policies applicable to such services before using them. You acknowledge that Razilia has no control over such services and shall not be responsible or liable to anyone for such services.

REQUIREMENTS TO MAKE TRANSACTIONS

In order to be able to participate in a transaction, the user must have (i) a valid phone number, (ii) an address where items can be shipped to and where invoices can be sent to, (iii) a username that is not offensive, rude, disparaging or intended to deceive or delude other users (the “Purchaser Data”). The username must not advertise for other websites or services or otherwise violate the intellectual property or privacy rights of any third party. An Account is not mandatory in order to be a user that can make transactions. You should maintain and promptly update the Purchaser Data to keep it accurate, current and complete at all times. If you provide any information that is inaccurate, not current or incomplete, or Razilia has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, Razilia may deny you access to areas requiring registration, or suspend or terminate your account or access, at its sole discretion. You are responsible for maintaining the confidentiality of your username and password and you accept responsibility for all activities, charges, and damages that may occur following your use of the Platform.

It is a violation of these Terms to allow any other person to use your Account to participate in any Razzes or purchase any Items. You must immediately advise Razilia of any unauthorized use of your username and password or Account or any other breach of security. Razilia will not be responsible for any loss or damage resulting from your failure to notify Razilia of unauthorized use.

RETURNS AND CANCELLATIONS

The following Return and Exchange Policy, is applicable to purchase made while doing business with Razilia, a Quebec Corporation (“Razilia” or “We”) and while using its Website or social media pages and accounts that are available on the computer, or any other electronic device (together, the “Sites”) and the Razilia services (the “Services”)
Your use of the Sites and Services tells us you have read and accept the practices outlined in this policy. This Return and Exchange Policy applies to purchase of the products or/and of the Services of Razilia displayed on the Sites.

1. Product return or exchange

***For buy it now purchase only***
If you receive the correct product in good condition, and within seven (7) days of the receipt, you wish to return or exchange it, Razilia reserves the sole discretion to accept such return or exchange.

***For every purchase on Razilia***
If the product received is not the right one or is not in good condition when received, the product may be returned within two weeks. Products may be exchanged for credit if applicable.
In all cases, returned or exchanged products must be in new, unworn, unaltered and unused condition with the original label and packaging. Please note that if the product is returned, refunds will be made from the same payment method used for the original purchase.
Razilia reserves the right of refusal on any return or exchange.
Razilia shall not be liable for breakage of glass or damage to frames during shipping. Such defects shall not be a basis for any claim for return or exchange in purchase price.
We do not accept any returns or exchanges on any custom orders, pre-orders or for mystery boxes.

2. The exchange or return procedure
All exchanges and returns must be pre-approved in writing, please contact us with the detail and why you would like to return your product at the following link.
All returns or exchanges must be made by mail. To return or exchange a product by mail, please follow these steps:

  • Pre-approved in writing such return or exchange at https://razilia.com/contact/;
  • Carefully pack the product to be exchanged or returned in its original packaging; and
  • Send the package to the following address: 3305 Avenue de la Gare Local 118 Mascouche, QC J7K 0X7, Canada.
    Please allow 10 business days for your return to be processed from the time your package arrives at the distribution center and, in order for the credit to appear on your statement, please allow 1 or 2 billing cycles.
    For missing or damaged items, please make sure you still have all original packaging materials, as these may be required in satisfying any claims with the carrier.

3. Fees
In the case of a return or exchange of a product in good condition, you are responsible for all associated shipping. If you are returning or exchanging a product from outside of Canada, any fees to import to Canada will be billed back to the you.
Other fees may apply depending on the circumstances of each case.

4. Modifications
This Return and Exchange Policy may be amended from time to time, due to the development of our Sites and Services, or for legal matters. Your continued use of the Sites and the Services after any such change constitutes your acceptance of this Return and Exchange Policy, as revised. 

INFORMATION ACCURACY

The contents of the Sites and Services, are provided strictly for your convenience. Although Razilia tries to ensure that information made available to you on the Sites is accurate, we do not warrant the adequacy or completeness of the information posted on this site and we expressly disclaims liability for errors or omissions in this information. No warranty of any kind, implied, express or statutory, including warranties as to non-infringement of intellectual property rights or third party rights, is given in connection with the information. Accordingly, you use or rely on such information at your own risk. In no event will Razilia be liable for any damages arising in connection with this content of the Sites and Services or its use thereof.

SMS MESSAGING

If you have provided your consent, Razilia may send you SMS messages, message and data rates may apply.

If you change your mobile phone service provider, you might have to re-enroll with Razilia in order to receive future SMS messages. Razilia reserves the right to stop sending SMS messages at any time; you may at all times opt-out by replying from your mobile phone to any text from Razilia.

INTELLECTUAL PROPERTY OWNERSHIP

All right, title and interest, including all related intellectual property rights (as defined below), in and to the Sites and the Services (including without limitation, all text, illustrations, photographs, graphics, logos, icons, images, audio and video clips, downloads, data compilations and software), are and will remain the exclusive property of Razilia and its licensors. Razilia’s name, its logo, and the product names associated with the Sites and the Razilia reserves its rights to trademark certain rights, in which case no right or license is granted to use them. Except as provided herein, this Agreement is not a sale and does not convey to you any rights of ownership in or related to the Sites or the Services, or any intellectual property rights owned or licensed to by Razilia.

The Sites and Services are protected by copyright, trademarks, and other domestic and foreign laws concerning intellectual property, as well as international copyright treaties and conventions.

Razilia grants you a non-exclusive, non-transferable, freely revocable license to use and display the Sites on your computer, or any other electronic device and to use the Services.

UNSOLICITED SUGGESTIONS

You may provide us any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Sites or the Services (collectively, “Suggestions”). You are not required to provide any Suggestions to Razilia. To the extent you do provide any Suggestion to Razilia, you agree to assign and hereby do assign to Razilia all right, title and interest in and to such Suggestions and agree that Razilia may freely utilize such Suggestions without compensation to you. Razilia is free to use the Suggestions however it chooses, without any obligation to account to you.

THIRD PARTY LINKS AND INTERACTIONS

During use of the Sites and the Services, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party service providers, advertisers or sponsors showing their goods and/or services through the Sites or the Services.  Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third party. Hyperlinks to third-party websites are provided for your convenience only, and the inclusion of any link on the Sites or Services does not imply the endorsement of any such link by Razilia. Razilia does not control these linked sites, has no control over the content of any linked sites and is not responsible for any information, data, products or services on or available through such websites or for your use of such websites. Razilia and the Partners shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction, services or promotion between you and any such third party. Razilia does not endorse any sites on the Internet that are linked through the Sites or the Services, and in no event shall Razilia or the Partners be responsible for any content, products, services or other materials on or available from such sites or third party providers. Razilia provides the Sites and the Services to you pursuant to the terms and conditions of this Agreement. You recognize, however, that certain third party providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and Razilia disclaims any and all responsibility or liability arising from such agreements between you and the third party providers.

Razilia may rely on third party advertising and marketing supplied through the Sites or the Services and other mechanisms to subsidize the Sites or the Services. By agreeing to these terms and conditions you agree to receive such advertising and marketing. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with relating to the Services.

INDEMNIFICATION

By entering into this Agreement and using the Sites and Services, you agree that you shall defend, indemnify and hold Razilia and the Partners, and each of their parent organizations, subsidiaries, affiliates, officers, directors, users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, or (c) your use or misuse of the Sites or the Services, (d) your violation of any third-party right, including without limitation any right of privacy, publicity, or Intellectual Property Rights; or (e) any other party’s access and use of the Service with your username; except in each case solely to the extent any of the foregoing arises directly from the gross negligence or willful misconduct of Razilia.

NO WARRANTY

TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, RAZILIA MAKES NO WARRANTY OR REPRESENTATION REGARDING THE SITES OR THE SERVICES INCLUDING THAT THE SITES OR THE SERVICES WILL BE UNINTERRUPTED, WITHOUT PROBLEMS OR ERROR FREE, OR THAT ALL ERRORS IN THE SITES OR SERVICES WILL BE CORRECTED. RAZILIA PROVIDES THE SITES AND SERVICES “AS IS” AND “AS AVAILABLE”. WITHOUT LIMITING THE FOREGOING, RAZILIA DO NOT WARRANT THAT THE SITES OR THE SERVICES (I) WILL BE UNINTERRUPTED OR SECURE; (II) WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (III) THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.

LIMITATION OF LIABILITY

TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL RAZILIA BE LIABLE TO YOU FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). RAZILIA SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SITES OR THE SERVICES, INCLUDING BUT NOT LIMITED TO (I) THE USE OR INABILITY TO USE THE SITES AND SERVICES (II) THE PERFORMANCE OR INTERRUPTION OF THE SITES OR THE SERVICES; (III) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING; OR (VI) AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY SERVICE PROVIDER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON OR WITHIN THE SITES OR THE SERVICES. THE FOREGOING EXCLUSIONS SHALL APPLY EVEN IF RAZILIA HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

DISPUTES BETWEEN USERS AND SPECIFIC PERFORMANCE

In the event of any dispute arising between Users as a result of this Agreement, their use of the Sites or Services, the appropriate means to resolve such a dispute shall be for the aggrieved party to submit such dispute to Razilia for a final resolution (“Decision”). Any decision made by Razilia in respect of a dispute shall be final and binding upon the users involved in such dispute. In the unlikely event that a dispute is determined by Razilia to be unresolvable, the users agree to submit their dispute to binding arbitration and Razilia may or may not participate at its sole discretion. Users shall bear their own costs for any such arbitration process. Razilia will not provide legal advice of any kind to the users.

NOTICE

Razilia may give notice by means of email to your email address provided in your Account, or by written communication sent by first class mail or pre-paid post to the address provided in your Account. Such notice shall be deemed to have been given upon the expiration of forty-eight (48) hours after mailing (if sent by first class mail or pre-paid post) or twelve (12) hours after sending (if sent by email). You may give notice, and address any complaint or claim to Razilia (such notice, complaint or claim shall be deemed given when received by Razilia) at any time by means of email to [email protected].

ASSIGNMENT

This Agreement may not be assigned by you (whether in whole or in part) without the prior written approval of Razilia. This Agreement may be assigned without your consent (in whole or in part) by Razilia, including to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment in violation of this section shall be void.

APPLICABLE LAW

This Agreement and any action related thereto will be governed by the laws of the Province of Quebec and the federal laws of Canada without regard to its conflict of laws provisions. Subject to the rest of this Section, the exclusive jurisdiction and venue of any action in relation to this Agreement will be the Province of Québec and each of the parties hereto waives any objection to jurisdiction and venue in such courts. However, in the event of the actual or threatened infringement, misappropriation or violation of Razilia’s copyrights, trademarks, trade secrets, patents or other intellectual property rights, Razilia may, at its discretion, institute legal proceedings in any jurisdiction (s) which is (are) deemed necessary or advisable.

If you choose to access the Sites and Services from locations outside of Canada, you do so on your own initiative and you are responsible for compliance with local laws, if and to the extent such local laws are applicable. Should a court of competent jurisdiction determine that other laws apply to this Agreement, then these Terms shall be enforced to the fullest extent permitted by the laws of the applicable jurisdiction and be interpreted to give maximum effect to the terms and conditions hereof.

TERMINATION

You agree that Razilia, in its sole discretion and for any or no reason, may terminate your Account or your use of the Sites or the Services. For example, Razilia may suspend or terminate your Account if you are not complying with the present Agreement, if you use the Sites or Services in a manner that could cause Razilia legal liability, if you disrupt the Sites or Services or disrupt others’ use of the Sites or Services. Razilia may also, in its sole discretion and at any time, discontinue providing access to the Sites and the Services, or any part thereof, with or without notice, unless otherwise required by any applicable laws.

If you breach this Agreement, Razilia will have the right to terminate this Agreement immediately, without notice, unless otherwise required by any applicable laws, and to deactivate your Account. Upon termination of your Account or this Agreement, your right to use the Sites and Services shall immediately cease. You agree that any termination of your access to the Sites and the Services may be effected without prior notice, and you agree that Razilia shall not be liable to you for such termination.

All provisions of this Agreement which by their nature shall survive the termination of this Agreement, including, without limitation, provision regarding ownership, warranty disclaimers, indemnity, and limitations of liability.

Upon termination of your Account or this Agreement, your personal information collected will be processed in accordance with the Razilia’s Privacy Policy.

MODIFICATIONS

Razilia may amend this Agreement or any section of this Agreement, in whole or in part, at any time. In case of material changes to this Agreement, Razilia will inform you of such change by e-mail, by posting a notice on the Sites informing you of such amendment, or by any other reasonable means selected by Razilia. The modifications shall be effective at the earliest of your acceptance, or thirty (30) days after their publication. Your continued use of the Sites or Services after such changes will indicate your acceptance of such changes and you are responsible to review this Agreement before ordering using the Sites and the Services. If the amendment entails an increase in your obligations or a reduction in Razilia’s obligations, you have the right to refuse any amendment and terminate this Agreement without cost, penalty or cancellation indemnity by stopping your use of the Services and by sending to Razilia a notice to that effect no later than 30 days after the amendment comes into force. In order to send such a notice, please write to Razilia at [email protected] or follow any other instructions that may be given from time to time by Razilia for the sending of such notice. Refusing an amendment entails the termination of this Agreement and the deactivation of your Account.

GENERAL

No joint venture, partnership, employment, or agency relationship exists between you, Razilia or any third party provider as a result of this Agreement or use of the Sites or the Services. If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The failure of Razilia to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Razilia in writing. This Agreement comprises the entire agreement between you and Razilia and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.