All product purchases made through the Shop are final and we do not accept returns or exchanges. If the item you purchased is damaged or defective prior to purchase, please let us know within 15 calendar days of purchase. If we are
unable to replace the damaged or defective item, we will issue a refund to the original form of payment or in the form of store credit. We monitor returned items to identify potential misuse or abuse of our policies. We reserve the right to refuse service to anyone. We do not offer shipping services for product purchases made through the Shop.
Shipping and Returns
We do not offer shipping services for product purchases made through the Shop. All product purchases made
through the Shop are available for in-store pick up at our retail shop, Olive Home, located at
340 S. Fairmont Ave. Lodi, California.
Last Revised on April 24, 2023
Our Commitment to Online Privacy
Acceptance of Policy
We know these privacy policies can be tedious to get through. However, by continuing to use our Online Services, you agree to let us use your information in the ways discussed in this Policy. For this reason, it would greatly benefit you to read this entire Policy.
Changes Made to This Policy
We may modify this Policy from time to time. The date at the top of this Policy lets you know when this Policy was last revised. It is important to check back here occasionally to make sure you have read the latest policy. By continuing to access or use our Online Services after the policy changes, you allow us to use your Personal Information in the way we describe in our updated policy.
Online Services This Policy Covers
RDCO is an interior design firm, and lifestyle brand that publishes the “…With a Cause” blog (the “Blog”), where you can purchase interior items and furnishings from affiliate vendors directly through SideDoor which coordinates purchase and delivery with the sellingaffiliate vendor, and operates an online shop (the “Shop”) where you can buy home goods, furniture, provisions, and books for pick up at our retail store, Olive Home located at 340 S Fairmont Ave, Lodi, CA 95240. This Policy applies to our online services, including our website https://www.rebeldesigncollective.com, the Shop, our Blog, our social media pages, and any future online services we develop (collectively the “Online Services”).
Services This Policy Doesn’t Cover
We love supporting our partners, and to show our appreciation, we may link to their websites and services. When you click on one of these links, you are leaving RDCO, and this Policy no longer applies. The way our partners or other third parties do business is out of our hands, and we assume no responsibility for the content, privacy policies, or practices of any third- party website or service. Please note that when you are using any other third-party platform to interact with our Online Services such as Google, Instagram, or Facebook, you agree to their services policies, and this Policy is in addition not in place of such agreements. Additionally, purchases made via the Blog are hosted by SideDoor and our affiliate vendors so, when using the Blog to make a purchase, you are subject to SideDoor and our affiliate vendors’ policies.
What is Personal Information?
“Personal Information” is any information that may allow for an individual to be personally identified. For example, your name, email address, social security number, phone number, residential address, and credit card details are all considered Personal Information. Other information, such as your interests, economic status, customer number, IP address, geolocation, education, and job title, may also be considered Personal Information if that information, when combined with other information, is used to reveal your identity.
Personal Information that RDCO Collects
What About My Credit Card Information?
All purchases made through the Shop are processed directly through third-party PCI compliant processing vendors. All purchases made through the Blog are processed directly through the third-party SideDoor. As such, when making a purchase through the Shop or Blog, we cannot control and are not liable for how your credit card is processed, and you are subject to the third-party processing vendor’s terms of service and privacy policies. This also means we never personally see or store your credit card information when you use our Online Services. However, at times we may need to manually collect your credit card information from you in-person or over the phone if we are having technical difficulties with our processing vendors. In such cases, we will not store your credit card information for any longer than we need it to process your request.
What About My Passwords?
For ease of access to our Online Services, you may choose to create an account and create a password for that account on our website. Your password is fully encrypted, and we never get access to this information. If you forget your password, simply use the “forgot my password” link to reset it. There may also be times where a password is required to access other certain accounts, such as when you make a purchase with SideDoor via the Blog, are interacting via our social media platforms or create an account via a third-party such as Google. The third-party vendor/platform completely administers these passwords, and we do not have access tosuch passwords.
Cookies are small files that we transfer to your computer’s hard drive through your browser when using and interacting with our Online Services. Types of cookies we use: We use both session cookies that are erased once you exit your browser and persistent cookies that stay on your device for a set period of time or until you manually delete them.
Can I block cookies?
Most browsers have an option to stop your computer from accepting cookies altogether, as well as an option to stop only certain types of cookies. If you decide to block cookies, our Online Services may operate a little strangely, as we rely on some cookies for our Online Services’ functionality. If it is mainly targeted advertising that you are concerned about, you can choose to specifically opt-out of targeted advertising by going the following links: Facebook - https://www.facebook.com/settings/?tab=ads Google - https://adssettings.google.com Digital Advertising Alliance - http://optout.aboutads.info/ You can learn more about cookies at www.allaboutcookies.org.
Reasons RDCO Collects Personal Information
We do not collect your Personal Information for the purpose of selling, renting, trading, or otherwise abusing it. We only use your Personal Information for our legitimate business purposes, including, but not limited to, the following reasons: To personalize our online features and content; To fulfill or enforce a contract that you have entered into with us; To help you efficiently access your information; To allow for affiliated third parties to provide additional services to you; To improve, monitor, and test our Online Services and new products or features;To prevent, investigate and address the misuse of our Online Services; To learn about the types of people that are using our Online Services and how we can better market to those people; To allow you to contact us; To allow you to participate in social sharing; To allow you to access and participate in our Online Services; To respond to your inquiries and fulfill your requests; To comply with law enforcement and other regulatory authorities; and To communicate with you about our Online Services and features. Sharing of Personal Information with Third Parties Although we try to limit who we share your Personal Information with, there are situations where sharing is necessary for our legitimate business purposes. We may share your Personal Information with third parties in the following ways: Agents: Sometimes, we may need to use other trusted companies and individuals to help us provide our Online Services. Whenever a company or individual is working for us, they are acting as our agent. Sometimes our agents may need to access your Personal Information for a particular task, but they do not have the right to use your Personal Information beyond what is necessary and must comply with our privacy practices. New Owners: If we are involved in a bankruptcy, merger, acquisition, reorganization, or sale of assets, your Personal Information may be sold or transferred as part of that transaction. Third-Party Software and Apps: We use several third-party software and apps to make our jobs a little easier. Some Personal Information may be stored, processed, or shared with these apps. Further, when you use a third-party services such as Facebook or Google to create an account with us, the third-party service will share certain information with us, as you have permitted it to, such as your profile name and email address. Law Enforcement: We may sometimes be required to share your Personal Information with law enforcement. We will only share your Personal Information when we believe, in good faith, that sharing your information is necessary to protect our business, our clients, or we are obligated under the law to provide such information. Examples include where a legal warrant or subpoena has been issued to us, where we must report information due to a belief that fraud or misuse of our Online Services has occurred, or where our property or safety, or a user’s property or safety, is at risk. In fraud cases, we may also be required to share your Personal Information with investigatory authorities and banks.
Emails you can opt out of: We may at times send you emails to keep you updated on what is happening with our business and new Online Service offerings. If you are receiving these types of emails or other marketing emails, it means that you consented to receive these emails either by clicking an opt-in box or by otherwise letting us know that it was all good for us to use your email address in this way. Of course, you are always free to opt out of these emails by simply clicking “unsubscribe”. be sad to see you leave! Emails you will not be able to opt out of: You will not be able to opt out of some important emails. For example, we may notify you that updates have been made to this Policy, updates on an item that you ordered, or in the unlikely event that our security safeguards have been breached. Personal Information Retention and Your Rights RDCO only keeps your Personal Information for as long as necessary to provide our Online Services and per our legal obligations. Depending on your residency, under the law (e.g., the California Consumer Privacy Act and General Data Protection Regulation), you may also have the right to request at any time for us to: Give you access to any Personal Information that we have processed; Disclose third parties we have shared your Personal Information with; Correct any Personal Information that may have been incorrectly processed; Delete your Personal Information from our storage systems; Transfer your Personal Information to another service, when technically feasible; and Stop using your Personal Information in specific ways by withdrawing the consent you have given us. Regardless of whether we are obligated under the law or not, if you would like us to do any of the above, you can contact us using the information provided at the end of this Policy. We will do our best to try to fulfill your requests. However, sometimes we may be required to retain your Personal Information to comply with our administrative, legal, and/or regulatory obligations. For example, we may be required to keep a history of transactions to report our taxes or may need to retain some Personal Information for law enforcement purposes (e.g., fraud monitoring, detection, and prevention). Additionally, we reserve the right to de-identify your data by removing identifying details rather than delete it completely.
Where Your Information is Processed and Stored
We are a business that is formed and operated in the United States. However, in addition to storing Personal Information directly onto our hard drives, we also may use some third-party cloud storage systems and apps to ensure that your Personal Information is not lost. These third parties may store and transfer your information outside of the United States. In certain situations, the courts, law enforcement agencies, regulatory agencies, or security authorities in those countries might be entitled to access your Personal Information.
Liability for Third-Party Software, Apps & Services
We always use our best efforts to pick reputable third-party software, platforms, services, and apps. However, we do not control such third parties and are not liable for any breach of privacy or data security that occurs due to the fault of these third parties.
Keeping Your Information Safe
We are committed to protecting your Personal Information and have physical, electronic, and managerial systems and procedures in place to help safeguard your Personal Information. Unfortunately, no system can guarantee complete security. Third-party viruses or security
failures may result in your Personal Information being compromised. You can help prevent unauthorized access to your Personal Information by using antivirus software, creating strong passwords, and limiting access to your personal computer. In the unlikely event that your
Personal Information is compromised due to a security breach on our end, we will notify you, per the law, as soon as reasonably possible.
Protection of Children
Our Online Services are not targeted or intended to be used by people under the age of 18. All children between the ages of 13 and 17 must have permission from their parent or guardian before accessing our Online Services. If you live outside of the United States, your country may apply stricter age limits. In some cases, even if you are older than 13, you may not be legally allowed to access our Online Services regardless of having parental permission. We do not knowingly collect Personal Information from anyone under the age of 13 and
delete such Personal Information as soon as we become aware of it.
We will always try to resolve your concerns about our privacy practices promptly and hope that together we can find a solution without involving costly legal channels. However, if we cannot agree, by using our Online Services, you agree to binding arbitration rather than formal court proceedings to have the matter resolved. You can read more about this process in our ToU. THE DISPUTE RESOLUTION TERMS IN OUR TOU MATERIALLY AFFECT YOUR ABILITY TO BRING A LAWSUIT AGAINST US IN REGARDS TO THIS POLICY AND OUR ONLINE SERVICES. PLEASE READ THESE TERMS CAREFULLY.
Additional ToU Terms
This Policy and our ToU represent the entire and exclusive agreement between our users and us. All previous written and oral agreements and communications related to the subject matter of this Policy and our ToU are superseded. Contact RDCO
Thank you for your patience in getting through all of the necessary legal language in this document! We have tried to be as transparent as possible in communicating our expectations regarding our Online Services. However, if you have any questions about this Policy, our oU, or our Online Services in general, please reach out! We would be more than happy to explain. 340 S Fairmont Ave, Lodi, CA 9524 (209) 263-7334
Terms + Conditions
Last Revised on April 24, 2023
Acceptance of ToU
We know these ToUs can be tedious to get through. However, by accessing our Online Services, it is understood that you agree to comply and be legally bound by the terms set out in this ToU, which is why you really should stick it out and read the whole thing. Changes to Terms From time to time, we may need to make changes to this ToU and may do so at any time. The date at the top of this ToU represents when this ToU was last revised. It is important to check this ToU from time to time to ensure that you are all caught up to date. By continuing to access or use our Online Services after a change has occurred, you agree to be bound by our updated ToU.
Online Services this ToU Covers
RDCO is an interior design firm and lifestyle brand that publishes the “…With a Cause” blog (the “Blog”), where you can purchase interior items and furnishings from affiliate vendors directly through SideDoor which coordinates purchase and delivery with the selling affiliate vendor, and operates an online shop (the “Shop”) where you can buy home goods, furniture, provisions, and books for pick up at our retail store, Olive Home located at 340 S Fairmont Ave, Lodi, CA 95240. This ToU applies to our online services, including our website https://www.rebeldesigncollective.com, the Shop, our Blog, our social media pages, and any future online services we develop (collectively the “Online Services”). Please note that our interior design services are controlled by separate service agreements provided to you upon engaging us for such services.
Services This ToU Doesn’t Cover
We love supporting our partners, and to show our appreciation, we may link to their websites and services. When you click on one of these links, you are leaving RDCO, and this ToU no longer applies. The way our partners or other third parties do business is out of our hands, and we assume no responsibility for the content, privacy policies, or practices of any third- party website or service. Please note that when you are using any other third-party platform to interact with our Online Services such as Google, Instagram, or Facebook, you agree to their services policies, and this ToU is in addition not in place of such agreements. Additionally, purchases made via the Blog are hosted by SideDoor and our affiliate vendors so, when using the Blog to make a purchase, you are subject to SideDoor and our affiliate vendors’ policies.
Conditions Before You Access Our Online Services
Our Online Services are not targeted or intended to be used by people under the age of 18, and you are not permitted to make purchases from our Online Services unless you are over the age of 18. All children between the ages of 13 and 17 must have permission from their parent or guardian before accessing our Online Services. If you live outside of the United
States, your country may apply stricter age limits. In some cases, even if you are older than 13, you may not be legally allowed to access our Online Services regardless of having parental permission. You must be authorized to use our Online Services and enter into this ToU if you are acting on behalf of a company.
Suspension and Termination of Your Account
Involuntary Suspension or Termination of Your Account: We may notify you if we have a reason to believe that you have violated this ToU and may issue you a written warning outlining the behavior we believe is in violation. However, we reserve the right to suspend or terminate your account, or recommend that SideDoor terminate your account, and prevent access to our Online Services at any time for any reason.
Pricing & Availability
All purchases made through the Blog are set and processed by SideDoor, and prices and availability are set by our third-party affiliate vendors. Therefore, we cannot and do not guarantee pricing or availability of items that we feature on the Blog. We strive to maintain updated pricing and availability information on our Shop, but errors and delays are always possible. As such, advertised prices and availability of items listed in the Shop or promoted on the Blog are not guaranteed until purchase has been made and you have received a confirmation email of such purchase. All credit card payments for purchases are processed through third-party vendors who are PCI-complaint payment processors; this means we never personally see or store your credit card information when you make an online purchase of a product promoted through the Blog or in the Shop. Prices advertised may be subject to taxes and shipping costs which may be calculated after checkout. We reserve the right to increase prices and remove items from our Blog and Shop at any time.
Shipping, Returns & Exchanges
All product purchases made through our Blog are subject to the shipping, return, and exchange policies of SideDoor and/or the third-party affiliate vendor. Therefore, we cannot and do not control shipping, returns, and exchanges in connection with these items. All sales made by SideDoor are final and they do not allow for returns unless the product is damaged in transit. You can read more about SideDoor’s policies here: https://www.onsidedoor.com/faqs#shipping. All product purchases made through the Shop are final and we do not accept returns or exchanges. If the item you purchased is damaged or defective prior to purchase, please let us know within 15 calendar days of purchase. If we are unable to replace the damaged or defective item, we will issue a refund to the original form of payment or in the form of store credit. We monitor returned items to identify potential misuse or abuse of our policies. We reserve the right to refuse service to anyone. We do not offer shipping services for product purchases made through the Shop. All product purchases made through the Shop are available for in-store pick up at our retail shop, Olive Home, located at 340 S. Fairmont Ave. Lodi, California.
We make reasonable efforts to ensure that prices, dimensions, sizing, colors, materials, and general product descriptions (collectively the “Product Descriptions”) that we include on our Blog and Shop are representative of the actual product at the time that we make the Blog and Shop available to Users. However, we make no warranties concerning such Product Descriptions and it is your sole responsibility to double check all Product Descriptions directly with the third-party vendor that sells the product before purchase. Affiliate and Commission Disclaimer While we only feature items in our Blog and Shop that we love, we may receive a commission or other benefit from a third-party affiliate vendor or via SideDoor when you make a purchase via our Blog or Shop. We do not pass on affiliate commissions/benefits to you as the purchaser.
Guidelines for Content You Upload
We allow users to comment on our Blog and interact with our social media accounts (the “Social Services”). To comment on our Blog, you must provide your name and email address, and to interact with our social media accounts, you will be required to create an account with such third-party social media service. The purpose of these Social Services is to allow for questions to be asked and to facilitate a community. To ensure that these Social Services are enjoyable for everyone, we have established some ground rules to follow, and by using our Social Services, you agree to comply with these terms: Please don’t:
Use the Social Services to spam or send unsolicited commercial posts; o Share, upload, copy, distribute, exploit or otherwise make available for commercial use any content that is not solely owned by you or that you have not secured the rights in;
Post content or communicate in a way that infringes or violates the rights of any third-party, including, without limitation, any intellectual property rights, rights of privacy, rights in contract, rights of publicity, or rights in confidential information;
Post content or communicate in a way that is unlawful, abusive, unfairly critical, defamatory, pornographic or obscene; or
Post content or communicate in a way that promotes or incites violence, terrorism, illegal acts, discrimination, or hatred based on race, ethnicity, cultural identity, religious belief, disability, gender identity, or sexualorientation.
Give constructive feedback on how we can improve our Online Services;
Ask questions about our goods and services;
Network and make friends; and
Be a nice human!
We do not have any ownership rights in the content created and posted by you onto our Social Services. However, by using our Social Services to create such content, you grant to us a non-exclusive, fully paid, and royalty-free, universal, perpetual, irrevocable license to use, modify, delete from, add to, publicly display and reproduce such content in any media format through any media channel now existing or developed in the future. We will not be liable for any content posted or communicated using our Social Services, but we may, as an administrator, delete content that, at our discretion, we find inappropriate or in violation of this ToU (remember, the internet is forever).
General Intellectual Property & Grant of License to Use Online Services
Our Online Services contain content, such as the “Rebel Design Collective” name and logo, our website design, our website code, videos, and photos that are protected by copyright, trademark, patent, trade secret, and other laws. We own and retain all rights in such content. We may also use some open source and licensed third-party content in our Online Services, such as fonts, photos, and graphics. We do not make any claim of ownership to this content, and no user is permitted to use third-party content in a way that violates third-party licensing agreements. RDCO does not grant or transfer any other rights, title, or interest to you other than the following limited license: RDCO grants to you a limited, non-exclusive, non- transferable, revocable license to access and use RDCO’s Online Services for non- commercial personal purposes only. RDCO reserves the right to terminate this license at any time if your use of our Online Services is not in strict compliance with this ToU.
You grant to RDCO a perpetual, worldwide, payment-free, irrevocable license to use, repost, republish and share any public reviews, posts, or comments posted on any third-party platform (including Instagram, Facebook, and Google Reviews) that you make about RDCO for our publicity and marketing purposes.
Testimonials & Reviews Disclaimer
Our Online Services may contain testimonials and reviews of our Online Services by other users of our Online Services. While based on the real-life experiences and opinions of such users, such opinions do not reflect the experiences of all of our users, and user experiences with our Online Services may vary. The views and opinions in such reviews and testimonials solely belong to the user and do not reflect our views and opinions. Copyright Policy&DMCA Claims RDCO respects the intellectual property rights of others. Our policy is to respond to and investigate any claim that content used in connection with our Online Services infringe on any person or entity's copyright or other intellectual property rights. If you are a copyright owner or an authorized agent of a copyright owner, and you believe that content on our Online Services infringes on another copyrighted work, please submit your claim via email to email@example.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged infringement. Per 17 U.S.C. 512(c)(3) of the Digital Millennium Copyright Act (DMCA), your claim must include:
an electronic or physical signature of the copyright owner or the person authorized to act on behalf of the copyright owner; or a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
identification of the URL or other specific location on our Online Services where the material that you claim is infringing is located;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and o a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized agent permitted to act on the copyright owner’s behalf. Please be aware that you may be held accountable for damages (including costs andattorneys’ fees) for misrepresentation or bad-faith claims relating to content that you report as being allegedly infringing in nature.
Representations and Warranties
RDCO’s Representations and Warranties
YOU MAY BE GRANTED WARRANTIES REGARDING GOODS FROM THE THIRD-PARTY VENDOR SELLING THE GOODS. HOWEVER, WE DO NOT PROVIDE SUCH WARRANTIES OR HAVE ANY CONTROL OVER THIRD-PARTY WARRANTIES OR THE QUALITY OF GOODS SOLD. OUR ONLINE SERVICES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS”. RDCO MAY USE REASONABLE EFFORTS TO CORRECT ERRORS AND OMISSIONS IN OUR ONLINE SERVICES. HOWEVER, RDCO EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT THAT THE LAW OF THE JURISDICTION PERMITS. RDCO DOES NOT WARRANT THAT USE OF RDCO’S ONLINE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE,
SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT DATA WILL NOT BE LOST. RDCO IS NOT RESPONSIBLE FOR ENSURING THAT YOU COMPLY WITH ALL OF OUR TERMS AND CONDITIONS AND WILL NOT BE LIABLE FOR ANY ACTIONS THAT RESULT FROM YOUR NON-COMPLIANCE.
User Representations and Warranties
By using RDCO’s Online Services, you represent and warrant that:
You are free to enter into and comply with this ToU and are not under anydisability, restriction, or prohibition, contractual or otherwise, that prevents you from entering into this ToU;
You will provide accurate and truthful information regarding your personal identification and will not use any other person’s information;
You have read and agree to this ToU and will not use RDCO’s Online Services for any fraudulent or inappropriate purpose or in a way that violates these terms and conditions;
You will not try to reverse engineer our site or software to circumvent access to our Online Services;
You will not circumvent or hack any technology used by RDCO to protect our Online Services and our users;
You will not transmit any worms or viruses or any code of a destructive nature; and
You will not copy or fraudulently reproduce RDCO’s content or violate our intellectual property rights.
Limitation of Liability
IN NO EVENT WILL RDCO BE LIABLE FOR YOUR FAILURE TO PROVIDE ACCURATE OR COMPLETE INFORMATION, YOUR FAILURE TO KEEP PERSONAL INFORMATION CONFIDENTIAL, YOUR FAILURE TO COMPLY WITH ANY OTHER LAWS, OR YOUR FAILURE TO COMPLY WITH THIS TOU. RDCO WILL ALSO NOT BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, CHANGES TO THE ONLINE SERVICES OR PLATFORM, TEMPORARY OR PERMANENT SUSPENSION OF ONLINE SERVICES, DAMAGE TO COMPUTER OR HARDWARE, SECURITY BREACHES, INTERRUPTION OF BUSINESS, LOST PROFITS, BREACH OF A THIRD- PARTY CONTRACT, OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER RESULTING FROM AN ACTION UNDER CONTRACT, TORT, STRICT PRODUCT LIABILITY OR OTHERWISE. IN NO EVENT WILL THE AGGREGATE LIABILITY OF RDCO UNDER THIS TOU EXCEED THE AMOUNT (IF ANY) PAID BY YOU TO RDCO FOR OUR ONLINE SERVICES. IF APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY ABOVE, RDCO’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE JURISDICTION. YOU
ACKNOWLEDGE AND AGREE THAT SUCH LIMITATIONS AND EXCLUSIONS REFLECT A FAIR AND REASONABLE ALLOCATION OF RISK AND HAVE BEEN REACHED DUE TO FUNDAMENTAL BARGAINING BETWEEN YOU AND RDCO.
You agree to indemnify and hold RDCO harmless from any and all claims, losses, liability, damages, expenses, and costs (including attorney fees, mediation, arbitration, and court costs) resulting from or arising from any breach by you of this ToU and any activity related to your engagement with our Online Services.
You hereby release and forever discharge RDCO (and our officers, employees, agents, successors, and assigns) from, and hereby waives and relinquishes, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property
damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to RDCO, our Online Services (including any interactions with, or act or omission of, other users, or any third-party links and ads). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
Privacy, Cookies, and Data Protection
RDCO’s Online Services are controlled, operated, and administered from our offices within the United States of America and are not intended to be subject to the laws or jurisdiction of any country outside of the United States of America. WE DO NOT REPRESENT OR WARRANT THAT OUR ONLINE SERVICES ARE APPROPRIATE, LEGAL, OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION OTHER THAN THE UNITED STATES OF AMERICA. Those who choose to access RDCO’s Online Services outside of the United States of America do so on their own initiative and assume all risks associated with such access, including but not limited to any compliance with their particular jurisdictions’ laws and regulations and any United States export controls. We reserve the right to limit our Online Services, in whole or in part, to any geographic location or jurisdiction we choose.
THIS SECTION OF OUR TERMS AND CONDITIONS SIGNIFICANTLY AFFECTS OUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND YOUR RIGHT TO BE PART OF A CLASS ACTION. PLEASE ENSURE THAT YOU READ THIS SECTION CAREFULLY AND FULLY UNDERSTAND THIS SECTION BEFORE USING AND ACCESSING OUR ONLINE SERVICES. THIS SECTION WILL SURVIVE TERMINATION OF THIS TOU AND TERMINATION OR
EXPIRATION OF ANY ONLINE SERVICES PROVIDED BY RDCO.
Letting Us Know About Complaints
At RDCO, we hope that we can work out any complaints or differences that we may
have with you respectfully and calmly. If you have any concerns about RDCO &
Online Services, please reach out to RDCO to let us know. If we cannot work out our
differences together, then the following mandatory binding arbitration will apply to
resolve the dispute.
Mandatory Binding Arbitration
If any controversy or claim arising out of or relating to Online Services provided under this ToU cannot be amicably resolved, such controversy or claim will be determined by binding arbitration rather than in a court of law. Except that mandatory binding arbitration will not apply with respect to any claims relating to infringement or misuse of intellectual property or any legal dispute that falls into the jurisdiction of a small claim court and would be more efficiently and cost-effectively resolved in a small claims court. The binding arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes of the American Arbitration Association (the “AAA”) and administered by the AAA in San Joaquin County, California. Arbitration must be commenced by filing a demand for arbitration with the AAA within one (1) year after the claim occurs or within one (1) year of the party asserting the claim becoming reasonably aware of the act or omission giving rise to the claim. If applicable law prohibits a one-year statute of limitations for asserting claims, claims must be asserted within the shortest period of time permitted by the applicable law. Except for attorney fees, all other costs associated with the arbitration will be shared equally between the parties, except where the AAA Rules provide otherwise.
If an arbitrator or court of law determines a claim against RDCO to be frivolous or an opinion is found in our favor by the arbitrators or court, you agree to reimburse RDCO for all fees associated with the arbitration and/or court case, including attorneys’ fees and arbitration/court costs.
Class Action Waiver
You agree to waive any right to participate in a class or representative action or proceeding and warrant that any claims brought against RDCO will be initiated only in your individual capacity. Any relief awarded by an arbitrator or court of law will
not affect other users of RDCO’s Online Services.
You are not entitled to assign this ToU, in whole or in part, to another person, without the prior written consent of RDCO. RDCO reserves the right to assign this ToU, in whole or in part, to any third party at any time without notice, including but not limited to any individual or entity acquiring all or substantially all of the RDCO business or assets.
Survival of Terms Beyond Termination
All provisions in this ToU that specifically state or logically ought to survive the termination of this ToU, or the termination of a user’s account, will survive such termination, including but not limited to payment obligations, intellectual property rights, warranties, indemnities, and limitation on liability clauses.
Waiver and Severability
No waiver by RDCO of any term or condition in this ToU will be deemed or construed to be a waiver of such term or condition in the future, or of any preceding or subsequent breach of the same or any other term or condition of this ToU or any other agreement. If any term or condition in this ToU is declared to be invalid, illegal, or unenforceable, for any reason, the remainder of the provisions will remain in effect and will be enforceable to the fullest extent possible.
Applicable Law and Jurisdiction
340 S Fairmont Ave, Lodi, CA 9524