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Terms & Conditions
Last Updated: September 14, 2011
Please read these Terms of Use carefully. They contain
important information about your rights and obligations.
The website is brought to
you by Redzio ("we" or "us" or "our"). By visiting and/or using the Website, you
fully and unconditionally agree to these Terms of Use. If you do not agree to these
Terms of Use, please do not visit or use the Website. Any offer provided by us is
conditioned upon your acceptance of this Terms of Use agreement. By using this site,
you represent that you lawfully consent to U.S. jurisdiction for all purposes on
our site as if a resident of the U.S., and have the right, authority and capacity
to enter into these Terms of Use Agreement.
Changes to Terms of Use
We may revise these
Terms of Use at any time by updating this page. Such changes will be effective immediately
upon posting. It is your responsibility to periodically visit this page to review
the most current version of the Terms of Use. Your continued use of the website following
such change will indicate your acceptance of the Terms of Use. You may print a copy
of these Terms of Use Agreement for your reference.
Registration (if applicable)
When
and if you set up an account and/or use the Services on the Website, you agree to:
(1) provide accurate, current, and complete information; (2) maintain and keep your
information accurate, current, and complete; (3) not impersonate any person or entity,
and (4) you will not select a user name that in our sole discretion deems offensive.
We reserve the right to terminate your access to and use of the Website and Services
if any information provided by you is untrue, inaccurate, not current, or incomplete.
Our use and disclosure of any information you provide us is governed by our privacy
policy. All activity conducted in connection with your account will be your responsibility.
Your
Conduct Visiting this site:
By using this site you agree not to:
•Defame, abuse, harass, stalk, threaten, or otherwise violate the rights of others,
including without limitation others' privacy rights or rights of publicity.
•Falsely
state or otherwise misrepresent your affiliation with any person or entity, or use
any fraudulent, misleading, or inaccurate email address or other contact information.
•Restrict
or inhibit other users from using the Services.
•Violate any applicable laws, rules,
or regulations.
•Express or imply that any statements you make are endorsed by us.
•Engage
in spamming or flooding.
•Access or use (or attempt to access or use) another user's
content without permission.
•Modify, adapt, sublicense, translate, sell, reverse engineer,
decompile, or disassemble any portion of the Services or the Website.
•Remove any
copyright, trademark, or other proprietary rights notices contained in or displayed
on any portion of the Website.
•"Frame" or "mirror" any portion of the Website, or
link to any page from the Website without our prior written authorization.
•Order
or purchase Services through the Website if you are not 18 years of age or older,
or have the specific permission of a parent or legal guardian.
Sharing Information:
By using the Website, you agree not to upload, post, email or otherwise send or transmit
any material that: (1) contains viruses, worms, Trojan horses, defects, date bombs,
time bombs or any other computer code, files or programs designed to interrupt, destroy
or limit the functionality of any computer software or hardware or telecommunications
equipment associated with the Website; (2) is abusive, illegal, libelous, defamatory,
obscene, threatening, invasive of privacy or publicity rights or otherwise objectionable
or which may give rise to liability or violate any law; (3) is in violation of a
copyright, trademark or other intellectual property or other right of any person;
(4) requests personally identifiable information; or (5) contains any advertisement,
solicitations, chain letters, pyramid schemes, investment opportunities or other
unsolicited commercial communication.
Your Submissions: If you choose to upload or
otherwise submit any material through the Website, including without limitation,
video photographs, images, text, graphics, sounds, data, or files to the Website,
by uploading such video or photographs you represent and warrant that: (1) you own
or otherwise possess all necessary rights with respect to your Submissions; (2) your
Submissions do not and will not infringe, misappropriate, use or disclose without
authorization, or otherwise violate any intellectual property or proprietary rights
of any third party; and (3) you hereby consent to the use of your likeness, and you
acknowledge you have obtained the written consent, release, and/or permission of
every identifiable individual who appears in a Submission to use such individual's
likeness, or if any such identifiable individual is under the age of eighteen (18),
you have obtained such written consent, release and/or permission from such individual's
parent or guardian (and you agree to provide to us with a copy of any such consents,
releases and/or permission upon our request).
We may request that you submit evidence of your ownership of or right to use your
Submissions. If, upon such request, we do not receive information we deem sufficient
to evidence such rights, we reserve the right to: (i) suspend the shipping of an
order or service relating to such content, and/or (ii) share the content and information
regarding the member with governmental organizations, law enforcement authorities
or other third parties.
Age Limitations
You must be 18 to order or purchase Services
from this site unless you have the specific permission from a parent or legal guardian.
If you use any chat room or other community page on the Website, you must be at least
thirteen (13) years old. We recommend that minors over age 13 (that is, between ages
13 and 18) obtain their parent's or guardian's permission before sending information
about themselves to anyone online. Click here for tips on staying safe online.
If
you are a convicted sexual predator, you may not use any such Website feature (chat
rooms or community pages).
Obligations & Responsibilities
You acknowledge that, by
providing you with the ability to view and distribute user-
If you become aware of misuse of the Website by any person, please
contact us at
Our Use of Information Submitted
You agree that we
are free to use any comments, information or ideas contained in any communication
you may send to us, without notice, compensation or acknowledgement to you, for any
purpose whatsoever, including but not limited to developing, manufacturing and marketing
products and services and creating, modifying or improving the Website or other products
or services.
Idea Submission
Any ideas and/or suggestions that you submit will be owned
by us, and you hereby irrevocably assign any intellectual property rights in such
ideas and suggestions to us.
Order Acceptance & Payment
We reserve the right at any
time after receipt of your order to either accept or decline your order for any reason.
We reserve the right at any time after the receipt of the order, to supply less than
the quantity you ordered of any item. Some circumstances under which we may cancel
the order may include but are not limited to 1) defects or damages found at the time
of shipping, 2) errors in the product description, quantity and pricing on our website
or catalog (if applicable), 3) due to any typographical error, (4) if an item is
out of stock or no longer available, (5) we become aware of a product safety concern,
or (6) if a product is in violation of copyright or infringement laws or any other
legal issue. By placing an order, you accept and agree that the total liability of
us under any legal claims whatsoever, shall be limited to the amount of money you
have actually paid solely and only for placing the order. If your order is rejected
or limited by us, your exclusive and sole remedy is either (a) we will issue a credit
to your credit card account in the amount charged for the cancelled portion or the
quantity not provided (if your credit card had been charged for the order), (b) we
will issue a check for the amount paid by you if payment was received check (if applicable/accepted)
or (c) we will not charge your credit card for the cancelled portion of the order
of the quantity not provided. It will be in our sole discretion how to refund, refinance,
or replace an item with a similar or identical product.
For each product or service
you order from the website, you agree to pay the price applicable for the product
or service (including any sales tax, surcharges and any delivery fees for the delivery
service you select) as of the time you submitted the order. Unless agreed upon an
alternative billing arrangement in writing, we will automatically bill your credit
card submitted as part of the order process. By using a credit or debit card you
signify that you are the rightful owner of the card. We shall not be responsible
for inappropriate credit card use nor shall we bear the responsibility to verify
credit card owner. Without limiting remedies, we reserve the right to charge a late
fee on all past due payments equivalent to the lesser of one and a half percent (1.5%)
per month on the unpaid balance or the highest rate allowed by law. By ordering from
us, you agree to pay for all collection costs, attorney’s fees, and court costs incurred
in the collection of past due amounts.
Compliance
You agree to comply with all applicable
laws, statutes and regulations regarding your use of this Site and your purchase
of products or services (if applicable) through our Site. We may, in our sole discretion
report actual or perceived violations of law to law enforcement or appropriate authorities.
If we become aware of any potential violation of the Terms of Use or our Privacy
Policy, we may (but are not obligated to) conduct an investigation to determine the
appropriate enforcement action, during which we may suspend services or terminate
the account of any customer being investigated.
Termination
We reserve the right in
our sole discretion to terminate or restrict your use of the Website or the Services,
without notice, for any or no reason, and without liability to you or any third party.
You agree that we shall not be liable to you or any third party for any termination
of your access to the Website or the Services. At our sole discretion, we may modify
or remove any User Content that violates or is inconsistent with these Terms of Use
or their intent, that your conduct is disruptive, or you have violated the law, these
Terms of Use, or the rights of us or another user. We will have no liability to you
for any deletion of your User Content.
We may also change, suspend, or discontinue
any aspect of the Website or the Services at any time, including the availability
of any feature or content without prior notice. Any updates to the Site will be subject
to these Terms of Use.
Trademarks
All trademarks, service marks and trade names of
ours used on the Website are trademarks or registered trademarks of us in the U.S.
and/or other countries. They may not be used without our prior express written permission.
All other trademarks that appear on the Website are the property of their respective
owners, who may or may not be affiliated with, connected to or endorsed by us.
Copyright
The
entire content of the Website, including but not limited to text, graphics and code,
is our property. We grant you permission to electronically copy and print hard copy
portions of the Website solely for your own personal, non-
Copyright Violations
We respect the intellectual property rights
of others and will take appropriate steps to protect the intellectual property rights
of third parties if it receives notice in accordance with the Digital Millennium
Copyright Act. If you believe your copyright or the copyright of another has been
infringed on, please provide our Copyright Agent with a written notice containing
the following information: • a physical or electronic signature of the person authorized
to act on behalf of the owner of the copyright interest that you believe has been
infringed;
• an identification of the copyrighted work that you claim has been infringed;
•
a description of where the material that you claim is infringed is located on the
site;
• information on how to contact you including your address, telephone number,
and email address, if available;
• 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
• 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 to
act on the copyright owner's behalf.
Claims of infringement should be mailed via certified
mail, return receipt requested, to the following address:
General Counsel
911 N. Orange
Ave #333
Orlando, FL 32801
Warranty Disclaimer & Liability Limit
To the fullest extent permissible under applicable
law, we present the Website and the Services "AS IS" and without any warranty of
any kind, whether express, implied, or statutory. We specifically disclaim any implied
warranties of title, merchantability, fitness for a particular purpose, and non-
Indemnification
You agree to indemnify, defend and hold us, our shareholders, officers,
directors, employees and agents harmless from and against any third-
Electronic Notices
By
using the Website, you agree to receive electronic communications from us. You agree
that any notice, agreement, disclosure or other communication that we send you electronically
will satisfy any legal communication requirements, including that such communications
be in writing.
Third-
The Website may link to sites operated by third parties.
However, we have no control over these linked sites, all of which have their own
terms of use and data collection practices. These linked sites are only for your
convenience, and you access them at your own risk.
Disputes
Your use of the Website
shall be governed by the laws of Florida, without regard to choice of law provisions.
Except where prohibited, you agree that any and all disputes, claims and causes of
action directly or indirectly arising out of or relating to the Website shall be
resolved individually, without resort to any form of class action, and exclusively
in the state or federal courts located in Orange County, Florida. Any cause of action
or claim you may have with respect to the Website must be commenced within one (1)
month after the claim or cause of action arises, or it shall be forever barred.
General
The Services are controlled and operated within the United States, and are not intended
to be subject to the laws or jurisdiction of any country or territory other than
that of the United States. We do not represent or warrant that the Services or any
part thereof are appropriate or available for use in any particular jurisdiction.
Those who choose to access the Services do so on their own initiative and at their
own risk, and are responsible for complying with all local laws, rules, and regulations.
We may limit the Services availability, in whole or in part, to any person, geographic
area or jurisdiction we choose, at any time and in our sole discretion.
If any provision
of these Terms of Use is held to be invalid or unenforceable, such provision shall
be struck, and the remaining provisions shall be enforced. Headings are for reference
purposes only and in no way define, limit, construe or describe the extent or scope
of such provision. Our failure to enforce any provision of these Terms of Use shall
not constitute a waiver of that or any other provision. These Terms of Use set forth
the entire understanding and agreement between you and us with respect to the subject
matter hereof.
Contact Us
If you have any questions about these Terms of Use, please
contact us at:
Redzio, LLC.
911 N. Orange Ave. #333
Orlando, FL 32801
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