AGREEMENT BETWEEN USER AND WWW.RDWDESIGNSTUDIO.COM
RDW Design Studio reserves the right, in its sole discretion, to change the Terms under which www.rdwdesignstudio.com is offered. The most current version of the Terms will supersede all previous versions. RDW Design Studio encourages you to periodically review the Terms to stay informed of our updates.
The purpose of this website is to provide information on the services offered by RDW Design Studio, including, but not limited to, external links to products or services hosted on third party platforms, that may be accessed through this website.
Visiting www.rdwdesignstudio.com or sending emails to RDW Design Studio constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
CHILDREN UNDER THIRTEEN
RDW Design Studio does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.rdwdesignstudio.com only with permission of a parent or guardian.
LINKS TO THIRD PARTY SITES/THIRD PARTY SERVICES
www.rdwdesignstudio.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of RDW Design Studio and RDW Design Studio is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. RDW Design Studio is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by RDW Design Studio of the site or any association with its operators.
Certain services made available via www.rdwdesignstudio.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.rdwdesignstudio.com domain, you hereby acknowledge and consent that RDW Design Studio may share such information and data with any third party with whom RDW Design Studio has a contractual relationship to provide the requested product, service or functionality on behalf of www.rdwdesignstudio.com users and customers.
NO UNLAWFUL OR PROHIBITED USE/INTELLECTUAL PROPERTY
By using this Website You represent that You are at least 18 years of age and are legally able to enter into a valid contract. You represent and warrant that You will not use the Website to:
- Violate any law (including without limitation laws related to torts, contracts, export controls, patents, trademarks, trade secrets, copyrights, defamation, obscenity, rights of publicity, or other rights) or encourage or provide instructions to another to do so;
- Misrepresent any fact (including without limitation your identity);
- Post or otherwise submit to us any software viruses 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, including by engaging in any denial-of-service attack or similar conduct;
- Exceed your authorized access to any portion of the Website;
- Collect or store personal data about anyone;
- Modify without permission any part of the Website;
- Obtain or attempt to access or otherwise obtain any Content or information through any means not intentionally made available or provided for through the Website;
- Exploit errors in design, features which are not documented and/or bugs to gain access that would otherwise not be available;
- Use any robot, spider, scraper, or other automated means to access the Website for any purpose;
- Take any action that imposes, or may impose an unreasonable or disproportionately large load on our infrastructure; or
- Interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website or bypass any measures We may use to prevent or restrict access to the Website.
All content on the Website, including but not limited to text, graphics, logos, trademarks, service marks, images, as well as the compilation thereof, and any software used on the Website, is the property of RDW Design Studio or its suppliers and is protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
The Service is controlled, operated and administered by RDW Design Studio from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the RDW Design Studio Content accessed through www.rdwdesignstudio.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
RDW Design Studio reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the Commonwealth of Massachusetts and you hereby consent to the exclusive jurisdiction and venue of courts in Massachusetts in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and RDW Design Studio as a result of this agreement or use of the Site. RDW Design Studio’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of RDW Design Studio’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by RDW Design Studio with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and RDW Design Studio with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and RDW Design Studio with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
DISCLAIMERS, LIMITATION OF LIABILITY & RELEASE OF CLAIMS
By using our Website You implicitly agree to the following Disclaimers:
YOU USE THE WEBSITE AT YOUR SOLE RISK. WE PROVIDE THE WEBSITE “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT ANY PART OF THE WEBSITE OR CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO WARRANTY THAT (1) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (2) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (3) THE WEBSITE RESULTS WILL BE ACCURATE OR RELIABLE; (4) THE QUALITY OF ANY CONTENT OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS; OR (5) THE WEBSITE, OUR SERVERS, OR COMMUNICATIONS SENT FROM US WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NO INFORMATION OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
Limitation of Liability.
To the fullest extent allowed by law, We will not be held responsible or liable to You in any way for any loss or damage of any sort incurred as a result of the following: DELAYING, REJECTING, OR REMOVING ANY OR ALL CONTENT AT ANY TIME FOR ANY OR NO REASON WHATSOEVER WITH OR WITHOUT NOTICE TO YOU; MODIFYING OR DISCONTINUING TEMPORARILY OR PERMANENTLY, THE WEBSITE (OR ANY PART THEREOF) WITH OR WITHOUT NOTICE TO YOU FOR ANY OR NO REASON WHATSOEVER; IMMEDIATELY TERMINATING YOUR ACCESS TO THE WEBSITE FOR ANY OR NO REASON WHATSOEVER AND WITH OR WITHOUT NOTICE TO YOU; THE ACCURACY, USEFULNESS, OR AVAILABILITY OF ANY INFORMATION POSTED TO OR THROUGH THE WEBSITE; OR ANY LOSS OR DAMAGE OF ANY SORT INCURRED BY YOU AS A RESULT OF INTERACTIONS YOU HAVE WITH THIRD-PARTIES FOUND ON OR THROUGH THE WEBSITE.
Release of Claims.
In no event will We be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our website, or on those affiliated with us in any way, and You hereby release us from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if We are expressly advised of the possibility of such damages or difficulties. YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING LIABILITY LIMITATIONS. IF ANY COURT DETERMINES THE LAW OF SUCH A JURISDICTION APPLIES, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
If You have a dispute with any party who provides advertising or third-party services on or through the Website, or with any party who provides a website linked to on the Website, You release us from any and all claims, demands, and damages (incidental, indirect, punitive, statutory, exemplary, expectation, special, or consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
You agree to indemnify, defend and hold harmless RDW Design Studio, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. RDW Design Studio reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with RDW Design Studio in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims with regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Unless otherwise expressly stated herein, the laws of the United States of America and the laws of the Massachusetts, without regard to the principles of conflicts of laws, will govern this Agreement, your use of the Website, and all matters relating to your access to, and/or use of, the Website, including all disputes between You and us. You also agree that the Website will be deemed solely based in Massachusetts.
RDW Design Studio welcomes your questions or comments regarding the Terms:
RDW Design Studio, LLC
126 Main Street, Unit 123
Watertown, MA 02472
Email Address: email@example.com
Effective as of April 15, 2021