Effective Date: March 1, 2016
Research Enhanced Design + Development, Inc. (hereinafter “R.e.d.d.,” “we” or “us”) provides the website www.reddbar.com, our computing applications and the data, information, tools, updates and similar materials delivered or provided by R.e.d.d. (collectively, the “Service”), as well as products sold through the Service (the “Products”) subject to your agreement to and compliance with the conditions set forth in this Terms and Conditions Agreement (the “Agreement”). This Agreement sets forth the legally binding terms and conditions governing your use of the Service and purchase of the Products. By using the Service, making a purchase or otherwise entering into this Agreement, you are creating a binding contract with R.e.d.d. If you do not agree to these terms and conditions, you may not use the Service or purchase any Products.
We may revise or update this Agreement by posting an amended version through the Service and making you aware of the revisions. Your use of the Service following an update to this Agreement (or other acceptance method) is considered acceptance of the updated Agreement.
As long as you are in compliance with the conditions of this Agreement and all incorporated documents, we hereby grant you a limited, revocable, non-assignable, non-transferrable, non-sublicensable, non-exclusive license to use and access the Service only on your computing device for personal use. No rights not explicitly listed are granted.
The following additional terms are incorporated into this Agreement as if fully set forth herein:
While we make reasonable efforts to ensure that the Service remains available at times, we do not represent or warrant that access to the Service will be error-free or uninterrupted, or without defect, and we do not guarantee that users will be able to access or use the Service, or its features, at all times.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service, or any part thereof, with or without notice.
The Service may contain typographical errors or inaccuracies, including relating to price, and may not be complete or current. We reserve the right to correct any such errors, inaccuracies or omissions and to change or update information at any time without prior notice, even if your order has already been accepted or processed.
You must be at least thirteen (13) years old to use the Service. By using the Service, you represent that you meet this minimum age requirement.
Terms of Sale
Sales Territory. We sell and ships products only to the continental United States. Requests for shipments to U.S. territories or internationally can be made via e-mail to firstname.lastname@example.org. Shipping charges will be presented at checkout.
Sales. Contingent upon availability or other cause for declining your purchase order, your credit card account is charged upon submission of any order, regardless of such order’s content. Applicable taxes, if any, may be added to your order, depending on your location of shipment or the type of products you purchase.
If your order has been cancelled or declined for any reason, either before or after acceptance, we will make reasonable efforts to contact you to inform you of its cancellation or non-acceptance. Should an order which uses an incorrect, expired, or declined credit card be processed, we reserve the right to collect payment for such transaction, and you agree to be liable for any fees, including but not limited to attorney’s fees and collection costs, that we may incur in our efforts to collect such unpaid balance from you, plus interest.
In order to change the shipment address, or cancel your purchase, you must cancel or make that change within twelve (12) hours of making your purchase. No cancellations or changes are permitted after twelve (12) hours.
All sales are final. Refunds are not permitted.
We may decline an order, for any reason or no reason, and subject to a refund, may cancel an accepted order at any time.
Shipment of Products. Title and risk of loss for any purchases pass to you upon our delivery to the carrier. We generally ship Products using FedEx or other national carrier within 1-2 business days of an order. Delivery is typically within 4-5 business days.
We recommend that all items be secured immediately upon delivery. If shipped to an address (other than a P.O. Box) you are responsible for arranging for an individual to be present at the time of delivery and for the Products to be properly received and secured. Any individual at the delivery address who accepts delivery is conclusively presumed to be authorized to receive the delivery. We are not responsible should such an individual not be authorized to accept such delivery. You agree that your sole method of recourse for unauthorized delivery resides with the carrier of your order. We are not responsible should you enter any incorrect or inaccurate destination data in your order. If no one is present at the designated location, your shipment may be placed at the designated destination at the discretion of the carrier.
Rules of Conduct
Your use of the Service is conditioned on your compliance with the terms of this Agreement, including but not limited to these rules of conduct.
You agree that you will not violate any applicable law or regulation in connection with your use of the Service.
You agree that you are responsible for all of the conduct engaged in through your account, and all charges incurred by your account, whether or not you performed or authorized them.
You are not licensed to access any portion of the Service that is not public, and you may not attempt to override any security measures in place on the Service.
Notwithstanding the foregoing rules of conduct, our unlimited right to terminate your access to the Service shall not be limited to violations of these rules of conduct.
Materials Submitted or Made Available to Us
You are under no obligation to submit any suggestions, information, ideas, comments, promotions, documents, questions, notes, plans, drawings, proposals, text or similar materials (“Materials”) to us.
However, by submitting any Materials to us you hereby agree, warrant and represent that: (a) the Materials do not contain proprietary or confidential information, and the provision of the Materials to us is not a violation of any third-party’s rights; (b) all Materials are accurate and true, and are not fraudulent or misleading, (c) we are not under any confidentiality obligation relating to the Materials; (d) we shall be entitled to use or disclose the Materials in any way; and (e) you are not entitled to compensation or attribution from us connection with any of our use of the Materials.
You acknowledge that we are under no obligation to maintain the Service, or any information or Materials. We reserve the right to withhold, remove and or discard any Materials at any time.
Our Intellectual Property
Our graphics, logos, names, designs, page headers, button icons, scripts, and service names are our trademarks, trade names and/or trade dress. The “look” and “feel” of the Service (including color combinations, button shapes, layout, design and all other graphical elements) are protected by U.S. copyright and trademark law. All product names, names of services, trademarks and service marks (“Marks”) are our property or the property of their respective owners, as indicated. You may not use the Marks or copyrights for any purpose whatsoever other than as permitted by this Agreement.
You acknowledge that the software used to provide the Service, and all enhancements, updates, upgrades, corrections and modifications to the software, all copyrights, patents, trade secrets, or trademarks or other intellectual property rights protecting or pertaining to any aspect of the software (or any enhancements, corrections or modifications) and any and all documentation therefor, are and shall remain our sole and exclusive property or that of our licensors, as the case may be. This Agreement does not convey title or ownership to you, but instead gives you only the limited rights set forth herein.
Data Collection and Use
Enforcement and Termination
We reserve the right to deny all or some portion of the Service to any user, in our sole discretion, at any time. Your representations, and all grants of any rights from you to us related to Materials, shall survive any termination of this Agreement.
Links and Third-Party Content
The Service may contain links. Such links are provided for informational purposes only, and we do not endorse any website or services through the provision of such a link.
The Service may contain articles, text, imagery, video, audio, data, information and other similar materials originating from third-parties. We do not endorse any third party content that may appear on the Service or that may be derived from content that may appear on the Service, even if such content was summarized, collected, reformatted or otherwise edited by us.
DISCLAIMERS AND LIMITATION ON LIABILITY
EXCEPT WHERE NOT PERMITTED BY LAW, YOU AGREE AND ACKNOWLEDGE THAT THE SERVICE AND ANY PRODUCTS SOLD OR PROVIDED BY US ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY, AND WE, AND OUR PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES AND SUPPLIERS, SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, ACCURACY, SUITABILITY, APPLICABILITY, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY OTHER WARRANTIES OF ANY KIND IN AND TO THE SERVICES AND ANY PRODUCTS SOLD OR PROVIDED BY US . NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY.
USE OF THE SERVICE IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT DATA TRANSMISSION OR STORAGE IS SECURE OR THAT THE SERVICE IS FREE OF INACCURACIES, MISREPRESENTATIONS, VIRUSES OR OTHER HARMFUL INFORMATION OR COMPONENTS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND EXCEPT AS PROHIBITED BY LAW, IN NO EVENT SHALL WE OR OUR AFFILIATES, LICENSORS AND BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”) BE LIABLE TO YOU BASED ON OR RELATED TO THE SERVICE OR ANY PRODUCTS SOLD OR PROVIDED BY US, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND SHALL NOT BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SERVICE OR ANY PRODUCTS SOLD OR PROVIDED BY US.
Notwithstanding the foregoing, in the event that a court shall find that the above disclaimers are not enforceable, then, to the maximum extent permissible by law, you agree that neither we nor any of our subsidiaries, affiliated companies, employees, members, shareholders, officers or directors shall be liable for (1) any damages in excess of the greater of (a) $500.00 or (b) the amounts you paid to us for Products, or (2) any indirect, incidental, punitive, special, or consequential damages or loss of use, lost revenue, lost profits or data to you or any third party from your use of the Service or any goods sold or provided by us. This limitation shall apply regardless of the basis of your claim or whether or not the limited remedies provided herein fail of their essential purpose.
SOME STATES, INCLUDING NEW JERSEY, MAY NOT PERMIT CERTAIN DISCLAIMERS AND LIMITATIONS, AND ANY SUCH DISCLAIMERS OR LIMITATIONS ARE VOID WHERE PROHIBITED.
GOVERNING LAW AND JURISDICTION
You agree that any claim or dispute arising out of or relating in any way to the Products or Services will be resolved solely and exclusively by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. The laws of the State of New York shall govern this Agreement, and shall be used in any arbitration proceeding.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to the following address: R.e.d.d., P.O. Box 15388, Portland, ME, 04112.
Arbitration under this Agreement will be conducted by the American Arbitration Association (AAA) under its rules then in effect, and shall be located in New York, New York. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.
You and us agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, both you and us agree that parties have each waived any right to a jury trial.
Notwithstanding the foregoing, you agree that us may bring suit in court to enjoin infringement or other misuse of intellectual property or other proprietary rights.
To the extent arbitrations does not apply, you agree that any dispute arising out of or relating to the Services or Products, or to us, may only be brought by you in a state or federal court located in New York, New York. YOU HEREBY WAIVE ANY OBJECTION TO THIS VENUE AS INCONVENIENT OR INAPPROPRIATE, AND AGREE TO EXCLUSIVE JURISDICTION AND VENUE IN NEW YORK.
POLICIES FOR CHILDREN
The Service is not directed to individuals under the age of 13. In the event that we discover that a child under the age of 13 has provided personally identifiable information to us, we will make efforts to delete the child’s information if required by the Children’s Online Privacy Protection Act. Please see the Federal Trade Commission’s website for (www.ftc.gov) for more information.
Notwithstanding the foregoing, pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental control protections are commercially available to assist you in limiting access to material that is harmful to minors. More information on the availability of such software can be found through publicly available sources. You may wish to contact your internet service provider for more information.
Severability. If any provision of this Agreement is found for any reason to be unlawful, void or unenforceable, then that provision will be given its maximum enforceable effect, or shall be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision.
Revisions. In the event that we update this Agreement, you may be required to re-affirm the Agreement, through use of the Service, or otherwise.
No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your use of the Service.
Assignment. We may assign our rights under this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Agreement without our prior written consent, and any unauthorized assignment by you shall be null and void.
No Waiver. Our failure to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Notices. All notices given by you or required under this Agreement shall be in writing and addressed to: email@example.com.
Equitable Remedies. You hereby agree that we would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws.
Entire Agreement. This Agreement, including the documents expressly incorporated by reference, constitutes the entire agreement between you and us with respect to the Service, and supersedes all prior or contemporaneous communications, whether electronic, oral or written.