Last revised on: 1/25/2017
The website located at www.ShopRefinedDesign.com (the “Site”) is a copyrighted work belonging to Refined Design LLC (“Company”, “us”, “our”, and “we”). Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
SECTION 1 – ONLINE STORE TERMS
1.1 Use of Products. You may not use our products for any illegal or unauthorized purpose nor may you violate any law in your jurisdiction.
1.2 Worms or Viruses. You must not transmit any worms or viruses or any code of a destructive nature.
1.3 Breach or Violation. A breach or violation of any of the Terms will result in an immediate termination of your use of our Site.
SECTION 2 – ACCESS TO THE SITE
2.1 License. Subject to these Terms, Company grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Site solely for your own personal, non-commercial use.
2.2 Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site (or on any content displayed on the Site) must be retained on all copies thereof.
2.3 Modification. We reserve the right, at any time, to modify, suspend, or discontinue the Site (in whole or in part) with or without notice to you. Prices are subject to change without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof.
2.4 No Support or Maintenance. You acknowledge and agree that Company will have no obligation to provide you with any support or maintenance in connection with the Site.
2.5 Ownership. You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content are owned by Company or Company’s suppliers. Neither these Terms (nor your access to the Site) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 2.1. Company and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.
SECTION 3 – PRODUCTS OR SERVICES
3.1 Color Accuracy. We have displayed as accurately as possible the colors and images of our products that appear on our Site. We cannot guarantee that your computer monitor’s display of color will be accurate.
3.2 Products. We reserve the right to limit the quantities of any product or service that we offer. All product descriptions and pricing are subject to change at any time without notice. We reserve the right to discontinue any product at any time without notice.
3.3 Quality of Products or Services. We do not warrant that the quality of any product or service purchased or obtained by you will meet your expectations, or that any errors in the product or service will be corrected.
SECTION 4 – ACCURACY OF BILLING AND ACCOUNT INFO
4.1 You agree to provide accurate, current, and complete purchase and account information for all purchases and transactions made on our Site.
SECTION 5 – PERSONAL INFORMATION
SECTION 6 – INDEMNIFICATION
6.1 You agree to indemnify and hold Refined Design (and its officers, directors, employees, subsidiaries, affiliates, partners, agents, contractors, licensors, service providers, subcontractors, suppliers, and interns) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site, (b) your violation of these Terms or (c) your violation of applicable laws or regulations. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
SECTION 7 – THIRD-PARTY LINKS & ADS; OTHER USERS
7.1 Third-Party Links & Ads. The Site may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”). Such Third-Party Links & Ads are not under the control of Company, and Company is not responsible for any Third-Party Links & Ads. Company provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads.
7.2 Other Users. Your interactions with other Site users are solely between you and such users. You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved.
7.3 Release. You hereby release and forever discharge the Company (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, 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, the Site (including any interactions with, or act or omission of, other Site users or any Third-Party Links & Ads).
SECTION 8 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
8.1 We are not responsible for inaccurate, incomplete, or outdated information made available on our Site. The material on our Site is for general information only.
SECTION 9 – PROHIBITED USES
A. For any unlawful purpose
B. To solicit others to perform or participate in any unlawful acts
C. To violate any international, federal, provincial, or state regulations, rules, law, or local ordinances
D. To infringe upon or violate our intellectual property rights or the intellectual property rights of others
E. To submit false or misleading information
F. To collect or track the personal information of others
G. To spam phish, pharm, pretext, spider, craw; or scrape
H. For any obscene or immoral purpose
I. To interfere with or circumvent the security features of the Site or any related website, other websites, or the internet.
9.2 Violation of Prohibited Uses. We reserve the right to terminate your use of the Site for violating any of the prohibited uses.
SECTION 10 – DISCLAIMERS
10.1 The Site is provided on an “As-Is” and “as available” bases, and company (and our suppliers) expressly disclaim any and all warranties and conditions of any kind, whether express, implied or statutory, including all warranties or condition of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We (and our suppliers) make no warranty that the Site will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe.
10.2 Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
SECTION 11 – LIMITATION ON LIABILITY
11.1 To the maximum extent permitted by law, in no event shall company (or our suppliers) be liable to you or any third party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or inability to use, the Site, even if company has been advised of the possibility of such damages. Access to, and use of, the Site is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting there from.
11.2 Some states or jurisdictions do not allow the limitation or exclusion or liability for incidental or consequential damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 12 – TERM AND TERMINATION
12.1 Subject to this Section, these Terms will remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Site will terminate immediately. Company will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2.2 through 2.5, Sections 6 through 7 and Sections 10 through 13.
SECTION 13 – GENERAL
13.1 Service. We reserve the right to refuse service to anyone for any reason at any time.
13.2 Changes. These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on our Site. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. These changes will be effective immediately. Continued use of our Site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
13.3 Electronic Communications. The communications between you and Company use electronic means, whether you use the Site or send us emails, or whether Company posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
13.4 Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
13.5 Copyright/Trademark Information. Copyright © 2017 Refined Design. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
SECTION 14 – CONTACT INFORMATION
You may contact us at our email address or mailing address:
PO Box 7
Sprague, Nebraska 68438