THE CALIFORNIA REDWOOD COMPANY
TERMS OF USE
Last Updated: March 5, 2012
PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THIS WEBSITE.
These Terms of Use (“Terms”) apply to your access to, and use of, any website of The California Redwood Company, including www.californiaredwoodco.com and shop.californiaredwoodco.com (each referred to as a “Site”). These Terms do not alter the terms or conditions of any other agreement you may have with The California Redwood Company or its subsidiaries, partners or affiliates for products, services or otherwise. If you are using the Site on behalf of an entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf, and that such entity will be responsible to The California Redwood Company if you violate these Terms.
The California Redwood Company reserves the right to change or modify the terms and conditions contained in these Terms or any other terms, policies or guidelines of the Site, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions to the Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of this Site will confirm your acceptance of such changes or modifications; therefore, you should frequently review the Terms and applicable policies to understand the terms that apply. If you do not agree to the amended terms, you must stop using the Site. Any use of the Site in violation of these Terms may result in, among other things, termination or suspension of your right to use the Site.
If you have any questions regarding the Site, please contact The California Redwood Company by emailing customerservice@calredco.com.
1. Privacy Policy
Please refer to the Privacy Policy for information about how The California Redwood Company collects, uses and discloses personally identifiable information from its users.
2. Terms of Sale
All sales from the Site are governed by The California Redwood Company’s Terms of Sale. Please refer to these Terms of Sale for the terms, conditions and policies applicable to your purchase of products from The California Redwood Company. By ordering products through the Site, you agree to be bound by and accept the Terms of Sale. The Terms of Sale are subject to change without prior notice at any time and in The California Redwood Company’s sole discretion, so you should review the Terms of Sale each time you make a purchase.
3. Eligibility, Registration and Account
By accessing or using the Site, you represent and warrant that you are at least 18 years of age, you are a resident of the United States and you have full power, capacity and authority to accept these Terms.
In order to access certain areas and features of the Site, you may need to register for an account You agree to (a) provide accurate, truthful, current and complete information when creating an account; (b) maintain and promptly update your account information; (c) maintain the security of your account by not sharing your password with others and restricting access to your account and your computer; (d) promptly notify The California Redwood Company if you discover or otherwise suspect any security breaches related to the Site; and (e) take responsibility for all activities that occur under your account and accept all risks of unauthorized access.
4. Copyright and Limited License
Unless otherwise indicated, the Site and all content and other materials on the Site, including, without limitation, The California Redwood Company logo and all designs, text, graphics, pictures, videos, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Site Materials”) are the proprietary property of The California Redwood Company or its licensors or users and are protected by U.S. and international copyright laws.
You are granted a limited, non-sublicensable license to access and use the Site and Site Materials; however, such license is subject to these Terms and does not include: (a) any resale or commercial use of the Site or Site Materials; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Site Materials; (d) modifying or otherwise making any derivative uses of the Site and the Site Materials, or any portion thereof, unless modification or derivative use is specifically provided for under separate terms; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Site, the Site Materials or any information contained therein, except as expressly permitted on the Site; or (g) any use of the Site or the Site Materials other than for their intended purposes. Any use of the Site or the Site Materials other than as specifically authorized herein, without the prior written permission of The California Redwood Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
5. Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, The California Redwood Company has adopted a policy of, in appropriate circumstances and in its sole discretion, blocking or restricting users’ access to the Site if such users are deemed to be repeat infringers. The California Redwood Company may also, in its sole discretion, limit access to the Site by users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
6. Copyright Complaints
If you believe that anything on the Site infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
Name of Designated Agent: Galen Schuler
Address of Designated Agent: 1301 Fifth Ave., Suite 2700, Seattle, WA 98101-2613
Telephone Number of Designated Agent: (206) 224-5831
Facsimile Number of Designated Agent: (253) 280-9018
Email Address of Designated Agent: copyright@calredco.com
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
7. Trademarks
“THE CALIFORNIA REDWOOD COMPANY,” “CALIFORNIA REDWOOD COLLECTION,” “NATURAL BEAUTY & SMART DESIGN,” and all logos and product or service names or slogans contained on the Site are trademarks of The California Redwood Company and its suppliers or licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of The California Redwood Company or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “The California Redwood Company” or any other name, trademark or product or service name of The California Redwood Company without its prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of The California Redwood Company and may not be copied, imitated or used, in whole or in part, without its prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
8. Hyperlinks
You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray The California Redwood Company or its products in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any obscene, pornographic, sexually explicit or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a The California Redwood Company logo or other proprietary graphic of The California Redwood Company to link to this Site without the express written permission of The California Redwood Company. Further, you may not use, frame or utilize framing techniques to enclose any The California Redwood Company trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without The California Redwood Company’ express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of The California Redwood Company or any third party.
The California Redwood Company makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of embedded content, third-party websites accessible via hyperlink or websites linking to the Site. Such sites are not under the control of The California Redwood Company and The California Redwood Company is not responsible for any embedded content or the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. The California Redwood Company and its users may provide these links as a convenience to you, but the inclusion of any link does not imply affiliation, endorsement or adoption by The California Redwood Company of any site or any information contained therein. When you visit other sites via links or embedded content, you should understand that its terms and policies no longer govern and that the terms and policies of those third party sites will now apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
9. Third Party Content
The California Redwood Company may provide third party content on the Site and may provide links to web pages and content of third parties (collectively, “Third Party Content”) as a service to those interested in this information. The California Redwood Company does not control, endorse or adopt any Third Party Content and makes no representations or warranties of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that The California Redwood Company is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use Third Party Content contained in the Site at their own risk.
10. Advertisements and Promotions; Third-Party Products and Services
The California Redwood Company may display advertisements and promotions from users and other third parties on the Site or may otherwise provide information about or links to third-party products or services. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions are solely between you and such third party. The California Redwood Company is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of third party advertisers or third party information on the Site.
11. Submissions
You acknowledge and agree that any materials you provide to The California Redwood Company, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information regarding The California Redwood Company or its Site or products (“Submissions”) are non-confidential and shall become the sole property of The California Redwood Company. The California Redwood Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Submissions for any purpose, commercial or otherwise, without acknowledgment, notice or compensation to you.
12. User Content
Separate and apart from Submissions, you and other users may use the Site to submit and share photos, comments, ratings, materials, data, information, graphics, tags, code, links or other items or content (collectively, “User Content”). You are solely responsible for the User Content you submit and agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
a. User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
b. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law;
c. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
d. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
e. Unsolicited promotions, political campaigning, advertising or solicitations;
f. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
g. Viruses, corrupted data or other harmful, disruptive or destructive files; and
h. User Content that, in the sole judgment of The California Redwood Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose The California Redwood Company or its users to any harm or liability of any type.
The California Redwood Company does not take responsibility or assume liability for any User Content posted, stored, used or uploaded by you or any third party, or for any loss or damage thereto, nor is the California Redwood Company liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of the Site is at your own risk. Enforcement of the Terms is solely in its discretion, and the absence of enforcement of these Terms in some instances does not constitute a waiver of its right to enforce the Terms in other instances. In addition, these Terms do not create any private right of action on the part of any third party or any reasonable expectation that the Site will not contain any content that is prohibited by the Terms.
As a provider of interactive services, The California Redwood Company is not liable for any statements, representations or User Content provided by its users or other third parties. Although The California Redwood Company has no obligation to screen, edit or monitor any of the User Content, it reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted, submitted or stored on or through the Site at any time and for any reason without notice. You are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense.
Except for Submissions, which belong exclusively to The California Redwood Company or as otherwise expressly stated, you retain ownership of any User Content. However, you grant The California Redwood Company and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. You grant The California Redwood Company and its affiliates and sublicensees the right to use the name that you submit in connection with such User Content.
By submitting User Content to the Site, you represent and warrant that (a) such User Content is not subject to any confidentiality obligations; (b) you own and control all of the rights to the User Content or you otherwise have the right to post and use such User Content and to grant the rights to The California Redwood Company that you grant in these Terms; (c) the User Content is accurate and not misleading; and (d) the User Content and your use and posting thereof does not, and will not, violate these Terms, any applicable laws, rules or regulations or the rights of any third party.
13. User Conduct
You are solely responsible for your conduct while on the Site, and you acknowledge and agree that The California Redwood Company is not responsible or liable in any manner for the conduct of other users or third parties in connection with the Site. In addition, you agree that you will not:
a. Post any false, misleading or inaccurate information on the Site;
b. use the Site in any manner that could interfere with, disrupt, negatively affect or prohibit other users from fully enjoying the Site or that could damage, disable, overburden or impair the functioning of the Site in any manner;
c. stalk, threaten, abuse, intimidate, impersonate or otherwise harass or cause discomfort to other users or third parties;
d. collect any information about other users (except as specifically authorized by The California Redwood Company) or create or transmit any unwanted or unsolicited email or other electronic communications to other users;
e. use the Site for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates these Terms;
f. modify, adapt, hack or emulate the Site or Site Materials; or
g. infringe upon or violate the rights of The California Redwood Company or any third party.
14. Indemnification
You agree to defend, indemnify and hold harmless The California Redwood Company, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to (a) your use of the Site, Site Materials or products purchased through the Site; (b) any User Content or Submissions you provide; (c) your violation of these Terms or any of our other terms, policies or guidelines; (d) your violation of any rights of another; or (e) your conduct in connection with the Site.
15. Disclaimer
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY THE CALIFORNIA REDWOOD COMPANY, THE SITE, SITE MATERIALS AND ANY PRODUCTS OR SERVICES PROVIDED ON OR IN CONNECTION WITH THE SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE CALIFORNIA REDWOOD COMPANY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE CALIFORNIA REDWOOD COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF ITS PRODUCTS. IN ADDITION, THE CALIFORNIA REDWOOD COMPANY DOES NOT REPRESENT OR WARRANT THAT MATERIALS ON THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WHILE THE CALIFORNIA REDWOOD COMPANY ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE SAFE, THE CALIFORNIA REDWOOD COMPANY CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
16. Limitation of Liability
IN NO EVENT SHALL THE CALIFORNIA REDWOOD COMPANY, ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE, THE SITE MATERIALS OR PRODUCTS MADE AVAILABLE THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM THE CALIFORNIA REDWOOD COMPANY, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE CALIFORNIA REDWOOD COMPANY’ RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE CALIFORNIA REDWOOD COMPANY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO THE CALIFORNIA REDWOOD COMPANY FOR ACCESS TO OR USE OF THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
17. Modifications to Site
The California Redwood Company reserves the right to modify or discontinue, temporarily or permanently, the Site, or any features or portions thereof, without prior notice. You agree that The California Redwood Company will not be liable for any modification, suspension or discontinuance of the Site, or any part thereof.
18. Arbitration
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH THE CALIFORNIA REDWOOD COMPANY AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM THE CALIFORNIA REDWOOD COMPANY.
You and The California Redwood Company agree to arbitrate any dispute arising from these Terms of Use or relating to the Site, the Site Materials or any products made available through the Site, except that you and The California Redwood Company are NOT required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and The California Redwood Company agree: (i) to notify each other of any dispute within 30 days of when it arises; (ii) to attempt informal resolution prior to any demand for arbitration, (iii) that any arbitration will occur in Seattle, Washington; and (iv) that arbitration will be conducted confidentially by a single arbitrator in accordance with the Rules of the American Arbitration Association. You and The California Redwood Company also agree that the state or federal courts in King County, Washington have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by these Terms of Use and the laws of the State of Washington and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. Whether the dispute is heard in arbitration or in court, you and The California Redwood Company will not commence against the other a class action, class arbitration or other representative action or proceeding.
19. Termination
The California Redwood Company reserves the right, without notice and in its sole discretion, to terminate your license to use the Site and to block or prevent your future access to, and use of, the Site.
20. Severability
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.