1. Privacy
Please review our Privacy Policy, which also governs your visit to the
Website, so that you may understand our privacy practices.
2. Purchase Related Policies
For specific policies related to orders placed through this Website
(such as order processing, shipping and handling, returns and
exchanges), click here.
3. Accuracy of Information
We attempt to be as accurate as possible when describing our
products on the Website; however, to the extent permitted by applicable
law, we do not warrant that the product descriptions, colors or other
content available on the Website is accurate, complete, reliable,
current, or error-free.
4. Intellectual Property
All content available on the Website, including, but not limited to,
text, graphics, logos, button icons, images, audio clips, data
compilations, and software, and the compilation thereof (the "Content")
is the property of Red Stick Glass Interiors, Llc., our affiliates, our
partners or our licensors, and is protected by United States and
international copyright laws.
The trademarks, logos, and service marks displayed on the Website
(collectively, the "Trademarks") are the registered and unregistered
marks of Red Stick, our affiliates, our licensors or our partners, in
the United States and other countries, and are protected by United
States and international trademark laws. All other Trademarks not owned
by us, our affiliates, our partners or our licensors that appear on the
Website are the property of their respective owners, who may or may not
be affiliated with, connected to, or sponsored by us.
Except as set forth in the limited license in Section 5 below, or as
required under applicable law, neither the Content, the Trademarks, nor
any other portion of the Website may be used, reproduced, duplicated,
copied, sold, resold, accessed, modified, or otherwise exploited, in
full or in part, for any purpose without our prior written consent.
5. Limited License
We grant you a limited, revocable, and non-exclusive license to
access and make personal use of the Website. Please note that you may
not frame or utilize framing techniques to enclose the Website or any
portion thereof without our prior written consent.
The limited license set forth in this Section 5 does not include the
right to: (i) modify or download the Website or its contents (except
caching or as necessary to view content); (ii) make any use of the
Website or its Content other than personal use; (iii) create any
derivative work based upon either the Website or its Content; (iv)
collect account information for the benefit of another party; (v) use
any meta tags or any other "hidden text" utilizing our name or the
Trademarks without our express written consent; or (vi) use software
robots, spiders, crawlers, or similar data gathering and extraction
tools, or take any other action that may impose an unreasonable burden
or load on our infrastructure.
You are granted a limited, revocable, and nonexclusive right to create a
hyperlink to the home page of the Website for personal, non-commercial
use only. A website that links to the Website (i) may link to, but not
replicate, our Content; (ii) may not imply that we are endorsing such
website or its services or products; (iii) may not misrepresent its
relationship with us; (iv) may not contain content that could be
construed as distasteful, obscene, offensive or controversial, and may
contain only content appropriate for all ages; (v) may not portray us or
our products or services, in a false, misleading, derogatory, or
otherwise offensive or objectionable manner, or associate us with
undesirable products, services, or opinions; (vi) may not use any
Trademark without express written permission; (vii) may not link to any
page of the Website other than the home page. We may, in our sole
discretion, request that you remove any link to the Website, and upon
receipt of such request, you shall immediately remove such link.
Any unauthorized use by you of the Website terminates the limited
license set forth in this Section 5 without prejudice to any other
remedy provided by applicable law.
6. Website Usage
If you are accessing and using the Website on someone else's behalf,
you represent that you have the authority to bind that person as a
principal to all the Terms and Conditions provided herein, and you agree
to accept liability for harm caused by any wrongful use of the Website
resulting from such access or use. We reserve the right to refuse
service, terminate accounts, or remove or edit content, for any reason,
in our sole discretion without prior notice.
7. Third Party Links
We are not responsible for the content of any off-Website pages or
any other websites linked to or from the Website. Links appearing on the
Website are for convenience only and are not an endorsement by us, our
affiliates or our partners of the referenced content, product, service,
or supplier. Your linking to or from any off-Website pages or other
websites is at your own risk. We are in no way responsible for examining
or evaluating, and we do not warrant the offerings of, off-Website pages
or any other websites linked to or from the Website, nor do we assume
any responsibility or liability for the actions, content, products, or
services of such pages and websites, including, without limitation,
their privacy statements and terms and conditions. You should carefully
review the terms and conditions and privacy policies of all off-Website
pages and other websites that you visit.
8. Submissions
We welcome inquiries or feedback on the pieces or products you use or
might like to purchase, however it is our policy to decline unsolicited
suggestions and ideas. Notwithstanding our policy with regard to
unsolicited suggestions and ideas, any inquiries, feedback, suggestions,
ideas or other information you provide us (collectively, "Submissions")
will be treated as non-proprietary and non-confidential. Subject to the
terms of our Privacy Policy, by transmitting or posting any Submission,
you hereby grant us a nonexclusive, royalty-free, perpetual,
transferable, irrevocable, and fully sub-licensable right to use,
reproduce, modify, adapt, publish, sell, assign, translate, create
derivative works from, distribute, and display any Submission in any
form, media, or technology, whether now known or hereafter developed,
alone or as part of other works. You also acknowledge that your
Submission may not be returned and we may use your Submission, and any
ideas, concepts or know how contained therein, for any purpose
including, without limitation, developing, manufacturing, distributing
and marketing products.
If you make a Submission, you represent and warrant that you own or
otherwise control the rights to your Submission. You further represent
and warrant that such Submission does not constitute or contain software
viruses, commercial solicitation, chain letters, mass mailings, or any
form of "spam." You may not use a false e-mail address, impersonate any
person or entity, or otherwise mislead us as to the origin of any
Submission. You agree to indemnify us for all claims arising from your
claims to any rights in any Submission.
9. Representations and Warranties; Limitation of Liability
THE WEBSITE IS PRESENTED "AS IS." WE MAKE NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION
WITH THESE TERMS AND CONDITIONS OR THE WEBSITE, INCLUDING BUT NOT
LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS
FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE
NOT LEGALLY EXCLUDABLE.
YOU AGREE THAT WE WILL NOT BE RESPONSIBLE OR LIABLE, UNDER ANY
CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS
OR ACCESS INTERRUPTIONS TO THE WEBSITE; (c) DATA NON-DELIVERY,
MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR
DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE
PRESENCE OF OFF-WEBSITE LINKS ON THE WEBSITE; (e) COMPUTER VIRUSES,
SYSTEM FAILURE OR MALFUNCTION WHICH MAY OCCUR IN CONNECTION WITH YOUR
USE OF THE WEBSITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY
WEBSITES; OR (f) EVENTS BEYOND OUR REASONABLE CONTROL.
FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY LAW WE WILL NOT BE LIABLE
FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
KIND (INCLUDING LOST PROFITS) RELATED TO THE WEBSITE REGARDLESS OF THE
FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR
OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE
HUNDRED DOLLARS ($100.00).
10. Indemnification
You agree to defend, indemnify and hold us harmless for any loss,
damages or costs, including reasonable attorneys' fees, resulting from
any third party claim, action, or demand resulting from your use of the
Website. You also agree to indemnify us for any loss, damages, or costs,
including reasonable attorneys' fees, resulting from your use of
software robots, spiders, crawlers, or similar data gathering and
extraction tools, or any other action you take that imposes an
unreasonable burden or load on our infrastructure.
11. Disputes
With respect to any dispute regarding the Website, your rights and
obligations and all actions contemplated by these Terms and Conditions
shall be governed by the laws of Arizona, as if the Terms and Conditions
were a contract wholly entered into and wholly performed within Arizona.
Any dispute relating in any way to your visit to the Website shall be
submitted to confidential arbitration in Arizona, except that, to the
extent you have in any manner violated or threatened to violate our
intellectual property rights, we may seek injunctive or other
appropriate relief in Arizona, and you consent to exclusive jurisdiction
and venue in such courts. Arbitration under this agreement shall be
conducted under the rules then prevailing of the American Arbitration
Association. The arbitrator's award shall be binding and may be entered
as a judgment in any court of competent jurisdiction. To the fullest
extent permitted by applicable law, no arbitration under this Agreement
shall be joined to an arbitration involving any other party subject to
this Agreement, whether through class arbitration proceedings or
otherwise.
12. General
You acknowledge and agree that these Terms and Conditions, together
with our Privacy Policy, constitute the complete and exclusive agreement
between us concerning your use of the Website, and supersede and govern
all prior proposals, agreements, or other communications.
We reserve the right, in our sole discretion, to change these Terms and
Conditions at any time by posting the changes on the Website. Any
changes are effective immediately upon posting to the Website. Your
continued use of the Website constitutes your agreement to all such
terms and conditions. We may, with or without prior notice, terminate
any of the rights granted by these Terms and Conditions. You shall
comply immediately with any termination or other notice, including, as
applicable, by ceasing all use of the Website.
Nothing contained in these Terms and Conditions shall be construed as
creating any agency, partnership, or other form of joint enterprise
between us. Our failure to require your performance of any provision
hereof shall not affect the full right to require such performance at
any time thereafter, nor shall our waiver of a breach of any provision
hereof be taken or held to be a waiver of the provision itself. In the
event that any provision of these Terms and Conditions shall be
unenforceable or invalid under any applicable law or be so held by any
applicable court decision, such unenforceability or invalidity shall not
render these Terms and Conditions unenforceable or invalid as a whole.
We will amend or replace such provision with one that is valid and
enforceable and which achieves, to the extent possible, our original
objectives and intent as reflected in the original provision.
If you have any questions or suggestions regarding these Terms and
Conditions, please contact us at:
Questions and Suggestions via
Mail
If you have questions or suggestions, please contact us at:
email:
legal@redstickglass.com
or by mail to:
Red Stick Glass Interiors, LLC
Customer Care - Privacy Policy Issues
4503 E. County Down Drive
Chandler, AZ 85249
Effective Date: August 16, 2004
Copyright 2004 Red
Stick Glass Interiors, Llc. All rights reserved
