Website Terms of Use

TERMS AND CONDITIONS OF USE

 The RDG Woodwinds, Inc.’s (“RDG’s”) website at http://www.rdgwoodwinds.com (the "Site") is a copyrighted work belonging to RDG. RDG grants you the right to use the Site subject to the terms and conditions of use ("Terms of Use") set forth below. PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING THE SITE, OTHER THAN TO READ THESE TERMS OF USE FOR THE FIRST TIME, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THIS SITE.

 License

 Subject to these Terms of Use, RDG grants you a limited, royalty-free license to view the materials contained on the Site (the "Materials") and make such copies only as may be incidentally created during your exercise of the foregoing through the normal operation of a commercially available web browser and a gateway cache and proxy obtaining the Materials from the RDG server. You are not granted any right to use RDG trademarks, logos, trade dress (including without limitation the layout of the Site) or other marks, and all such items shall remain the exclusive property of RDG.

 Modification

 RDG reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or any part thereof with or without notice. You agree that RDG will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site.

 Mailings

 By submitting your name, email address, and any other personal information to RDG, you hereby grant RDG, subject to the RDG's Privacy Policy a royalty-free license to use and disclose this information, including but not limited to using and disclosing such information in connection with periodic mailings to you about RDG products, services, and news ("Mailings"). The terms and conditions of this Agreement shall apply to all such Mailings.

 Submissions

 All remarks, suggestions, ideas, graphics, data, personal information, resumés, questions or other information communicated to RDG through the Site, by facsimile or through the mail (electronic or otherwise) (a "Submission") will forever be the property of RDG. Unless otherwise specified in our Privacy Policy, RDG will not treat any Submission as confidential or proprietary and will not be liable for the use of any ideas for its business (including, without limitation, service or promotion ideas) and will not incur any liability as a result of any similarities that may appear in future RDG services or operations. Without limitation, RDG will have exclusive ownership of all present and future existing rights to the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not RDG, have full responsibility for the Submission, including its legality, reliability, appropriateness, originality, and copyright.

 Site Use Rules

 Our Site may only be used for lawful purposes. RDG specifically prohibits any use of our Site, and all users agree not to use our Site, for any of the following:

1. Posting any incomplete, false or inaccurate information or information which is not your own accurate information;

2. Posting of any material that defames, harasses, threatens, embarrasses, or abuses others; is racially or ethically offensive; or is obscene, abusive, hateful, pornographic, vulgar, or harmful to anyone, but especially to children;

3. Deleting or revising any material posted by any other person or entity;

4. If you have a password allowing access to a non-public area of our Site, disclosing to or sharing your password with any third parties or using your password for any unauthorized purpose;

5. Harming minors in any way;

6. Impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity; or

7. Aggregating, copying or duplicating in any manner any of the materials or information available from our Site.

We do not knowingly collect identifiable information from anyone under thirteen years of age.

Registration and Passwords

 If you register on our Site, you agree to provide accurate and complete information about yourself and to maintain and update such information so it remains accurate and complete following registration. Failure to provide accurate and complete information or to update such information shall be adequate grounds for us to either suspend or terminate your account.

 Upon completing the registration process, you will receive a password and user name. You are responsible for maintaining the confidentiality of your password and user name and are responsible for any activities that occur under your password and user name.

Accuracy of Content and Pricing Information

 Because prices, product descriptions and availability can change quickly, RDG does not warrant the accuracy or completeness of the information provided on the Site. Also, RDG may make changes to the information contained herein, including to the products and prices described in the Site, at any time, without prior notice to you (including after you have submitted your order). Information at this Site is periodically updated, but it may not be current or complete at the moment you visit this Site and may contain errors or inaccuracies. In no event shall RDG or its service or product providers be liable to you in any manner whatsoever for any decision made by you, or for any act or failure to act by you, in reliance upon information provided at this Site. If a product you purchase does not match the description on the Site, as your sole and exclusive remedy you may return the product, unused, to RDG and receive a refund of your purchase price.

Items in your shopping cart will reflect the most recent price displayed on the item's product detail page. Prices are frequently updated to adjust for different sales, limited pricing, and other discounting. Therefore, prices on the product detail page and in your cart may change after such updates to reflect the current prices. Placing items in your cart does not reserve the current prices shown at that time, and prices are reserved only by placing an order. From time to time, despite our efforts, a small number of the items on our website may be mispriced. Please note that such errors or inaccuracies may be related to product descriptions, pricing, and availability. In the event of a pricing error, RDG will take one of the following options: (1) If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item; or (2) if an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. We apologize for any inconvenience. If you are not satisfied with your purchase due to any errors or inaccuracies, you may return it in accordance with our return procedure. Discounts are limited-time offers and are not valid with other offers.

For shipping, cancellation, and other ordering questions, please refer to our online customer service page.

Limited Quantities

Some products, including those identified as Hot Buys, Closeouts, and Limited Quantity items may be limited to stock on hand and are offered on a first come, first served basis.

Disclaimer of Warranties

THE INFORMATION ON THE SITE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, RDG EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING THE INFORMATION ON THIS SITE, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Some jurisdictions do not allow the exclusion of implied warranties, in which case any implied warranties shall be limited to the minimum scope and period permitted by law.

Limitation of Liability

IN NO EVENT SHALL RDG BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT RDG HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE INFORMATION ON OUR SITE. RDG’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS AND CONDITIONS AND THE USE OF THE SITE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL NOT EXCEED $1,000. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Copyright

The Site and the Materials are copyrighted works of RDG and/or its suppliers. Neither the Site nor the Materials may be reproduced, displayed, modified or adapted, distributed or transmitted in any form by any means (including, but not limited to, electronic duplication or transmission) without the prior written permission of RDG.

Restricted Rights Legend

Use, duplication, or disclosure by the United States Government is subject to the restrictions set forth in DFARS 252.227-7013 (c)(1)(ii) and FAR 52.227-19.

Trademarks

RDG, RDG Woodwinds, RDG Woodwinds, Inc., and www.rdgwoodwinds.com are trademarks and/or registered trademarks of RDG Woodwinds, Inc. All other product names mentioned herein are the trademarks of their respective owners.

THESE ONLINE PUBLICATIONS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

THIS PUBLICATION MAY INCLUDE TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS. CHANGES ARE CONSTANTLY ADDED TO THE INFORMATION HEREIN; THESE CHANGES WILL BE INCORPORATED IN NEW EDITIONS OF THE PUBLICATION. RDG, RDG Woodwinds, RDG Woodwinds, Inc., and www.rdgwoodwinds.com MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) DESCRIBED ON THESE WEBSITES AT ANY TIME.

For further information on Intellectual Property matters contact RDG Woodwinds, Inc., 589 North Larchmont Boulevard, Second Floor, Los Angeles, California 90004. For questions or technical problems regarding this service, please contact the webmaster.

Terms of Sale

All product sales from the Site are governed by the Returns & Exchanges policy and the Shipping Policy that are posted on the Site. You should refer to such policies and review the same. By ordering and/or accepting delivery of the products, you agree to be bound by said policies.  The policies are subject to change without notice and you review the same before you purchase any product.

Amendment and Severability

RDG may at any time revise these Terms of Use by updating this posting. By using this Site, you agree to be bound by any such revisions, and you should periodically visit this page of the Site to examine the then-current Terms of Use by which you are bound. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages of this Site.

If any of these Terms of Use shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining terms.

Notice

If you have any questions about these Terms of Use or our Privacy Policy, you may contact RDG at:

RDG Woodwinds, Inc.

589 North Larchmont Boulevard

Second Floor

Los Angeles, California 90004

Disputes

Any dispute or claim relating in any way to your use of the Site, or to any products or services sold or distributed by RDG or through www.rdgwoodwinds.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.

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 these Terms of Use as a court would.

We each 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 we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Any dispute, claim or controversy arising out of or relating to these Terms of Use or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms of Use to arbitrate, shall be determined by arbitration in Los Angeles, California. The arbitration shall be administered by ADR Services, Inc. (“ADR Services”). The arbitration shall be held before a sole arbitrator and shall be binding with no right of appeal.

The arbitration shall be conducted pursuant to the ADR Services’ Standard Arbitration Rules. The arbitration shall be commenced by filing a demand for arbitration with the administrator of ADR Services and serving the demand on the opposing party. The responding party may file a response and/or a counter-claim within fifteen (15) calendar days. If no response is filed, all the allegations of the demand shall be deemed denied.

The parties shall select an arbitrator by mutual agreement through ADR Services within thirty (30) calendar days of the date the demand for arbitration is filed. If the parties are unable to agree on the selection of an arbitrator within such time, the administrator of ADR Services, Inc. shall select an independent arbitrator.

The costs of the arbitration, including the arbitrator’s fees, shall be borne equally by the parties to the arbitration, unless the arbitrator orders otherwise.

Applicable Law

By using RDG’s Site or services, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of California, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and RDG.