Terms of Service

Effective Date: November 14, 2017

ACCEPTANCE OF TERMS OF SERVICE

These Terms of Use (the “Agreement” or “Terms”) is an agreement between you and Red Modern Furniture (“RMF”, “us”, “our” or “we”) which sets forth the legally binding terms for your use of the Site redmodernfurniture.com which is owned and operated by RMF, and any successor website (“Site”), and other interactive properties, including but not limited to any mobile applications accessing content from the Site (the Site and other RMF interactive properties are collectively referred to herein as the RMF Applications”). These Terms apply to the services, software, and applications the RMF Applications provide (collectively, “Service(s)”). By accessing the RMF Applications or using the Services you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by its Terms whether or not you become a subscriber to any RMF goods or services. This Agreement governs the acceptable use of the Services, content posted on the Site and User Content posted on the Communications Services, and your rights, obligations and restrictions regarding your use of the Services.  Please see RMF’s Privacy Policy found at redmodernfurniture.com/privacy-policy, which is incorporated into these Terms by reference, for more information about how we collect, use, and share information about our members and visitors to our Site.

Updates to Terms. RMF reserves the right to update or change these Terms at any time by posting the most current version of the Terms on the Site with a new Effective Date shown. All such changes in the Terms shall be effective from the Effective Date. Your continued use of the RMF Applications after we post any changes to the Terms signifies your agreement to any such changes. If you do not agree to these Terms, you must discontinue using the RMF Applications and/or Services. Note that special terms or rules may apply to some services offered on the Site or RMF Applications, such as rules for particular promotions, applications or other features or activities. Any such terms are in addition to these Terms, and in the event of a conflict, will prevail over these Terms.

Electronic Form/Communications. By accessing the RMF Applications or Services, you consent to having this Agreement provided to you in electronic form and receiving communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements that such communications be in writing.

 

TERM AND TERMINATION

This Agreement will remain in full force and effect while you use the Services. You may terminate your membership to any Service at any time, for any reason, by following the instructions on your “Account Settings” page or contacting customer service. RMF can suspend or terminate your access to the RMF Applications or Services, in whole or in part, at any time, immediately and without notice. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.  

 

USE OF RMF APPLICATIONS  

Personal Use. The RMF Applications and the Services offered are intended for your personal, noncommercial use in accordance with these Terms. You agree that you will not, unless specifically permitted by us (i) copy, display or distribute any part of the RMF Applications, in any medium, without RMF‘s prior written consent, or (ii) alter or modify any part of the RMF Applications other than as may be reasonably necessary to use the RMF Applications for their intended purpose. You further agree that you will not use any automated devices, such as spiders, robots or data mining techniques to catalog, download, store or otherwise reproduce, store or distribute content available on the RMF Applications, or to manipulate the RMF Applications or Services. You will take no action to interfere with, interrupt, destroy or limit the functionality of the RMF Applications or any computer software or hardware or telecommunications equipment. You may not use the RMF Applications or Services in any manner that could damage, disable, overburden, or impair any RMF server, or the network(s) connected to any RMF server, or interfere with any other party’s use and enjoyment of any RMF Applications or Services. You may not attempt to gain unauthorized access to any RMF Applications or Services, other accounts, computer systems or networks connected to any RMF server or to any of the RMF Applications or Services, through hacking, cracking, distribution of counterfeit software, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the RMF Applications or Services. You may not reverse engineer, decompile or disassemble any software accessed through RMF Applications or Services, including any proprietary communications protocol used by RMF.  You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the RMF Applications so long as the link does not portray RMF, or the Services in a false, misleading, derogatory, or otherwise offensive manner or express or imply any endorsement by RMF of the site from which you are linking.  Further, the site from which you are linking to the RMF Applications must not contain any obscene, defamatory, pornographic, offensive or illegal content.

Modification to Services. RMF has the right to modify its RMF Applications and content at any time in its sole discretion. Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of RMF in providing its products, services, content or any Services is to cancel your membership as set forth herein. The Service, content and any other products and services offered or referred to on the RMF Applications are subject to the availability of such Service, products and services. Furthermore, the availability for purchase or rental of product types or individual products and the prices for sale, rental or for the Services are subject to change by RMF, in its sole discretion, at any time without notice.

Registration. Upon subscribing to any of our Services you will be asked to choose a password and a user/account name. You may not use a user/account name that is vulgar or otherwise offensive (as determined by RMF), infringes any trademark or other proprietary rights of others, or is used in any way that violates the Terms. You will only create one unique profile for the Services provided. RMF reserves the right to deny, in its sole discretion, any user access to the RMF Applications or Services without notice for any or no reason.

Accurate Information. For purposes of identification and billing, you agree to provide RMF with accurate, complete, and updated information required by the Site’s membership registration (“Registration Information”), including your name, address, telephone number(s), and applicable payment information (e.g., credit card number, email address, and expiration date) and provide RMF and its third party payment processor express authorization to charge the applicable fees at the time of purchase or renewal. Failure to comply with this provision (including without limitation falsification of any Registration Information) may, at RMF’s option, result in immediate suspension or termination of your right to use the Services. You agree to pay RMF all charges at the prices then in effect for your use of the Service or purchase of products using your Billing Information, and any applicable taxes, and you authorize RMF to charge your chosen payment provider (your “Payment Card”) for the Service or products you select. You agree to make payment using that selected Payment Card. RMF reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment and to update your information from available third party sources. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts will be the responsibility of and paid for by you.

Verification of Registration. When you register and provide Billing Information and Payment Card RMF will verify that information. You authorize RMF to verify your Billing Information and Payment Card by placing a pending charge on your Payment Card. Pending charges are temporary (typically three (3) to seven (7) days in length) and will not be converted into an actual charge to you. Pending charges will, however, reduce the available amount of credit or debit capacity on your Payment Card in the amount of ONE DOLLAR ($1.00), One (€1.00) Euro or One (£1.00) Great British Pound per pending charge.

Security of Username and Password. You are entirely responsible for maintaining the confidentiality of your password and account.  Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify RMF immediately of any unauthorized use or theft of your account or any other breach of security (and to provide properly documented evidence as reasonably requested by RMF). We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you will be liable for losses incurred by RMF or another party due to someone else using your account or password. You may not use anyone else’s account at any time.

Unauthorized Use.  You agree to promptly update your Registration Information in the event of any known or suspected unauthorized use of your membership, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. In the event of a breach of security, you will remain liable for any unauthorized purchases until you update your Registration Information.

Account Updates. It is your responsibility to promptly provide RMF with any contact or billing information changes or updates (including phone number, email address, physical address, credit card numbers, etc.).  Account updates should be made online via the “Account” section, once you have logged into the Service.  You must promptly notify RMF if your Payment Card is canceled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password.

Payment Card. The terms of your payment will be based on your Payment Card and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Card (the “Payment Card Provider”). If RMF does not receive payment from your Payment Card Provider, RMF reserves the right to bill you and you agree to pay all amounts due on your Billing Information upon demand.

Refund Policy. All sales are final.

Security. RMF has implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.


PROPRIETARY RIGHTS

The Services and all material published on the RMF Applications, including, but not limited to text, photographs, video, text, graphics, music, images, animations, audio, text, “applets” incorporated into the software data) sounds, messages, comments, ratings, and other materials on the RMF Applications (together “Content”) is owned by RMF or its licensors and is protected by laws governing copyrights patents, trademarks, trade secrets and/or other proprietary rights. RMF owns a copyright in the selection, coordination, arrangement and enhancement of such content and a copyright in the RMF Applications. All trademarks, service marks, trade names, and trade dress appearing on the Sites (“Marks”) are proprietary to RMF and/or our licensors or licensees. You agree not to copy, reproduce, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit, any of the Marks, the Content, RMF Applications or the Services, in whole or in part, without RMF‘s prior written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of RMF without express written consent. You may not use any Meta tags or any other “hidden text” utilizing RMF’s name or trademarks without the express written consent of RMF. You may not use any RMF logo or other proprietary graphic or trademark as part of the link without express written permission. Any uses not permitted by these Term automatically terminates all permissions or licenses granted by RMF in these Terms.

 

YOUR OBLIGATIONS

In using this Site you agree that you will not: (i) post, disseminate or transmit unauthorized advertising, promotional materials, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings; (ii) omit, delete, forge or misrepresent transmission information, including headers, return mailing and Internet protocol addresses, or otherwise manipulate identifiers to disguise the origin of any content; (iii) impersonate any person or entity, or falsely state or otherwise misrepresent an affiliation with any person or entity; (iv) engage in any activities intended to withhold or cloak identity or contact information; (v) post excessive responses to interactive features or functions of this Site; (vi) engage in ‘flooding’, i.e., ICMP flooding and mail bombing (sending large amounts of e mail repeatedly to the same e mail address; (vii) use the Site for any illegal purpose, in violation of any applicable laws or regulations; (viii) publish web pages that contain links that initiate downloads of copyright-infringing or other illegal material; (ix) electronically stalk or otherwise electronically harass another; (x) engage in any Internet activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law; (xi) post, disseminate or transmit any worm, viruses or other harmful, disruptive or destructive files, code or programs on this Site; (xii) use Internet Relay Chat (IRC) bots, i.e., programs that utilize excessive resources by connecting to an IRC network and running an unreasonable number of hours per day; (xiii) hinder the ability of others to use IRC; (xiv) disrupt the normal flow on this Site or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges; (xv) interfere with, disrupt, or harm in any way the servers or networks connected to this Site; (xvi) use this Site to access the accounts of others without permission; (xvii) attempt to penetrate security measures of this Site or of another entity, or obtain or bypass others passwords; or (xviii) engage in denial of service attacks, i.e., actions designed to impair network access by flooding a site or the Internet with useless traffic; (xix) attempt and will not assist or encourage anyone else to alter or change the software or any application related to the Service, or (xx) use the Service or download Content for any commercial purpose. If you violate these Terms, RMF may, at its sole discretion, suspend or terminate your account, and terminate your access to the Service, with or without notice to you.

 

GENERAL

Age Requirements. You represent and warrant that you are at least eighteen (18) years old and that you possess the legal right and ability to enter into this Agreement and to use the RMF Applications and Services in accordance with these Terms. If we have any reason to believe you are not 18 or older we may terminate your access to the RMF Application and Services.  

Communications from RMF. By registering for RMF, you will receive online communications from RMF. To unsubscribe from any RMF email list, simply click on the “Unsubscribe” link at the bottom of the email and your name will be removed from that mailing list. You may also indicate your privacy preferences by going to “My Account” and clicking “Edit/Settings” and “Preferences”. To see how we use your personal information go to our privacy policy at www.redmodernfurniture.com/privacy.

Links.  You may be able to access other websites or resources through links on the Site. Because RMF has no control over such sites and resources, you acknowledge and agree RMF is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials or available from such sites or resources nor does RMF endorse any such sites or the products or services assessable on such sites. You further acknowledge and agree that RMF shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

Unsolicited Submission Policy. RMF does not accept, by any means of transmission, any unsolicited submissions, in any form whatsoever including, without limitation, any marketing, advertising and/or creative suggestions, scripts, lyrics, jingles, product samples, prototypes, movies and/or games (hereinafter referred to as “Submissions”). If you elect to forward to us any such Submission, then by doing so, you acknowledge that said Submission has not been requested by us and that (1) we are not liable for any use, disclosure and will not return your Submission to you, (2) no confidential relationship is established or is to be implied in any way from our receipt of the Submission and any statement to the contrary with your Submission shall not alter this condition, (3) you understand that you will not be entitled to any compensation from us based upon your Submission, (4) the receipt of your Submission shall not constitute a waiver by us of our rights to contest the validity of any copyright, or other intellectual property rights that you may now or hereafter claim for the Submission, and (5) any previously, concurrently or subsequently submitted materials relating to this Submission shall be considered to have been submitted in accordance with these conditions.

LEGAL NOTICES

Disclaimer of Warranties. YOU UNDERSTAND THAT YOUR USE OF THE RMF APPLICATIONS AND SERVICES (INCLUDING ANY DOWNLOADS OR ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE YOU EXPERIENCE FROM USING RMF APPLICATIONS AND SERVICES) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE RMF APPLICATIONS AND SERVICES ARE PROVIDED ON AN “AS IS” “WHERE-IS” AND “WHERE AVAILABLE” BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT RMF MAKES NO WARRANTY THAT THE RMF APPLICATIONS OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND THAT RMF DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE RMF APPLICATIONS OR SERVICES WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS CONTAINED IN THE RMF APPLICATIONS OR SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE RMF APPLICATIONS AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, RMF DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE RMF APPLICATIONS AND SERVICES.   

ALL CONTENT, PRODUCTS AND THIRD PARTY SERVICES ON THE RMF APPLICATIONS, OR OBTAINED FROM A WEBSITE TO WHICH THE RMF APPLICATIONS ARE LINKED ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. RMF DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE MERCHANTABLITY OF ANY PRODUCT OR SERVICE ACCESSED FROM THE RMF APPLICATIONS OR A LINKED SITE. OTHER THAN AS REQUIRED BY LAW, UNDER NO CIRCUMSTANCE WILL RMF BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE RMF APPLICATIONS OR A LINKED SITE, OR YOUR RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM THE RMF APPLICATIONS OR A LINKED SITE.  

Liability Limitation. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL RMF OR ITS AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR NON-PERFORMANCE OF THE RMF APPLICATIONS OR THE SERVICES, EVEN IF RMF HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. MOREOVER, UNDER NO CIRCUMSTANCES WILL WE, OUR LICENSORS OR LICENSEES, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL. WE MAY CHANGE OR DELETE CONTENT OR FEATURES OF OUR SERVICES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON. IF ANY PART OF THESE WARRANTY DISCLAIMERS OR LIMITATIONS OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN RMF’S AGGREGATE LIABILITY FOR ALL CLAIMS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES SHALL NOT EXCEED $20.00.  THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Indemnity/Release. You understand that you are personally responsible for your behavior while accessing the RMF Applications or using the Services and agree to indemnify and hold RMF, and its affiliates, business partners, distributors, agents, representatives and other authorized users, and their respective officers, directors, employees, and agents (collectively, the “Indemnified Parties”), harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys’ fees) that the Indemnified Parties may incur in connection with any claim arising out of or related to your use of the RMF Applications or Services or your violation of either these Terms, applicable law or the rights of any third party.

If you are a California resident and in connection with the foregoing release, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

Access to Services. RMF reserves the right to perform regular or planned or unplanned maintenance to our virtual products due to technology improvements or bugs, and you may or may not be notified of these changes before they occur. RMF also reserves the right to change, modify, discontinue, suspend or abandon the RMF Applications or any of the Services or to cease supporting any hardware or software platform at any time at any time for any reason with or without notice to you and that we will not be liable to you or any third party as a result of such termination, modification, discontinuance or abandonment.  

Availability and Use. The RMF Applications and Services are controlled from facilities in and outside of the United States. RMF makes no representations that the RMF Applications or Services are appropriate or available for use in your particular location. Those who access or use the RMF Applications and/or Services do so at their own volition and are responsible for compliance with the laws of their particular jurisdiction.

No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.

Governing Law/Disputes. These Terms shall be governed by and construed in accordance with the laws of the State of Arizona without application of conflict of laws rules. Exclusive jurisdiction and venue in connection with any dispute between you and RMF (‘Dispute”) shall lie in courts of Maricopa County, Arizona. You hereby waive any right you might have to resolve any Dispute on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of the general public or other persons similarly situated. Any cause of action you may have with respect to RMF, the Services, the content or the RMF Applications must be commenced within one year after the claim or cause of action arises or such claim or cause of action shall be barred.

Miscellaneous. These Terms and policies incorporated herein, are the entire agreement between you and RMF. They supersede any and all prior or contemporaneous agreements between you and RMF relating to your use of the RMF Applications or the Services. RMF may assign these Terms, in whole or in part, at any time. If any part of these Terms is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect.  Headings in the Terms are for convenience of reference only and shall not affect the interpretation or construction of this agreement.  The failure of RMF to partially or fully exercise any rights or the waiver of RMF of any breach of these Terms by you, shall not prevent a subsequent exercise of such right by RMF or be deemed a waiver by RMF of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of RMF under these Terms and any other applicable agreement between you and RMF shall be cumulative, and the exercise of any such right or remedy shall not limit RMF ‘s right to exercise any other right or remedy.

Contact Us.  Please Contact Us with any questions by visiting redmodernfurniture.com/contact Or you can email us at: support@redmodernfurniture.com.

Copyright © 2017, Red Modern Furniture. All rights reserved.