This website is operated by Red Carpet Rocks, LLC. Use on this website of the terms “we”, “us” and “our” refer to Red Carpet Rocks, LLC. By accessing this website, including any and all information, tools, applications, services, and offerings contained herein, you, the user of this website, agree to be bound by, and comply with, all terms, conditions, obligations, and policies provided herein, as may be amended by us from time to time (said terms, conditions, obligations, and policies, as may be amended are hereinafter referred to collectively as “Service Terms”).
Please read these Service Terms carefully before accessing or using our website. If you do not agree to each of these Service Terms, then you may not further access the website or use any of our services.
The Service Terms shall apply to any and all additional or new features, tools, services, or offerings that are provided by or on this website. You can review the most current version of the Service Terms at any time on this page.
We use our store (“store”) on this website to sell our products and services (offerings”). Shopify, Inc. is the host of this website and of our store. As such, in addition to the Service Terms, you agree to comply with all of the terms, conditions, and requirements of Shopify, Inc. that are communicated to you regarding your use of this website.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Service Terms, you represent that you are at least the age of majority in the state, province, or territory of your primary residence. If you are at least the age of majority in the state, province, or territory of your primary residence, and if any of your minor children use this website, then you represent and warrant that you consent to you and each such child being bound by each of the Service Terms. If you are not at least the age of majority in the state, province, or territory of your primary residence, then you may not use this website until you have obtained the consent of your parent or legal guardian to use this website and that your parent or legal guardian agrees that you and he or she shall be bound by the Service Terms. Notwithstanding the foregoing, if you are not at least the age of majority in the state, province, or territory of your primary residence, then you may not purchase any of the offerings sold by us in our store.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of our products, violate any federal, state, or local laws, including but not limited to any copyright or other intellectual property rights.
You shall not transmit to or from this website any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Service Terms will result in an immediate termination of your right to access any portion of this website or to purchase any of our offerings.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time, except that we shall not refuse service based solely on a person’s race, gender, age, ethnicity, or any other characteristic prohibited by federal or state law.
You understand that information provided to us by you (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any of our offerings without first obtaining our express written permission.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Service Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not liable in any way for information provided on this website that is inaccurate, incomplete, or obsolete. Any reliance by you upon the information provided on this website is done at your own risk. We reserve the right to modify the content of this website at any time, but we undertake no obligation to update or keep current any information on this website. You agree that it is your responsibility to periodically visit this website to keep up with any changes to the content provided herein, including changes to the Service Terms.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
We reserve the right to, in our sole discretion and without notice to you, to change the prices that we charge for any of the offerings sold through our store. We additionally reserve the right to from time to time change the type or kind of products offered through our store and to at any time cease offering any product through our store, and we shall in no respect be liable to you or to any third party in relation to any such change.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through this website. These products or services may have limited quantities and are subject to return or exchange only according to our return policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. However, we neither warrant nor guarantee that the rendering of the characteristics of our offerings provided on this website will be accurately displayed on your computer screen. As such, the actual size, color, and weight of any product sold through our store may be different in person than it is when viewed on your computer, and we are in no way liable for any such difference, and we are in no way obligated to provide any refund to you in the event of any such difference. Further, we do not warrant or guarantee that the quality of any products, services, information, or other material purchased or obtained by you from us will meet your expectations, and you hereby expressly waive any and all claims, and discharge us of any and all liability, related to any such nonconforming product or service.
We reserve the right, but are not obligated, to limit the sale of our offerings to any person (subject to the foregoing limitations), geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any product or service that we offer, rent, or sell. All descriptions and pricing of our offerings are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue the offering of any product at any time. Any offer made on this website is void where prohibited.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
Subject to the foregoing limitations, we reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card account, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided by you at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree, guarantee, and warrant that all of the information provided by you in relation to this website, including each purchase or transaction made by you through our store, is complete and accurate. You agree to promptly update your account and other information provided to us by you, including your email address, credit card numbers, security codes, and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 7 - OPTIONAL TOOLS
This website might provide you with access to third-party tools. We have no control over the development, accuracy, or maintenance of such tools; we provide no warranties, representations, endorsements, or conditions of any kind in relation to such tools; and you hereby expressly waive any and all claims, and discharge us of any and all liability, related to your use of such tools. As such, any and all use by you of any optional tool offered through this website is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms and conditions of the party providing the use of such tools to you.
We may in the future offer new services and/or features through this website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Service Terms.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products, and services available via this website may include materials from third-parties.
Certain links on this site may direct you to third-party websites that are not affiliated with us. We may not examine or evaluate the content or accuracy of such websites. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction with such third-party. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. You hereby expressly waive any and all claims, and discharge us of any and all liability, related to your use of any such third-party website.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, advertise, promote, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comment.
We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or that violates any party’s intellectual property or these Service Terms.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of this website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comment. You are solely responsible for each comment you make, including its accuracy. You hereby expressly waive any and all claims, and discharge us of any and all liability, related to any comment made by you or by any third-party on your behalf.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally the information contained on this website, including at the store, may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information contained on this website, or on any related website, is inaccurate, at any time, without prior notice (including after you have submitted your order). Unless prohibited by law, we are not obligated to sell or rent to you any of our offerings for a price that was erroneously provided on this website.
We undertake no obligation to update, amend, or clarify information on this website, or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date indicated on this website, or on any related website, should be taken to indicate that all information on this website, or on any related website, has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Service Terms, you are prohibited from using the site or its content: (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, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of this website, or of any related website, other websites, or the Internet generally; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape, as those terms are commonly used; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of this website, or any related website, other websites, or the Internet generally. We reserve the right to terminate your use of this website, or any related website, for violating any of the foregoing prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that your use of this website or the store will be uninterrupted, timely, secure, or error-free. We additionally do not warrant that the results realized or obtained by you from your use of this website will be accurate or reliable. You agree that from time to time we may remove your access to this website or to the store for indefinite periods of time or terminate this website, including the store, at any time, without notice to you.
You expressly agree that your use this website, including the store, is at your sole risk. All products and services delivered to you through the store are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Red Carpet Rocks, LLC, or our directors, officers, members, managers, employees, affiliates, agents, contractors, interns, suppliers, representatives, attorneys, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the offerings on this website, including the store, or any products procured using this website or the store, or for any other claim related in any way to your use of this website or any product provided to you by us, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of this website or any content (or product) posted, transmitted, or otherwise made available via the this website, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Red Carpet Rocks, LLC and our parent, subsidiaries, affiliates, members, managers, representatives, attorneys, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, successors and assigns, and anyone else claiming by or through us, harmless from any claim or demand made by any third-party due to or arising out of your breach of these Service Terms, or the terms or conditions of the websites or documents that this website incorporates by reference, or your violation of any law or the rights of a third-party. You additionally agree to indemnify us to the extent of any and all reasonable attorney’s fees, costs, and expenses incurred by us in any way related to the foregoing and in any way related to any dispute that might arise between us and you in relation to this website, the store, or any offerings provided by us to you.
SECTION 15 - SEVERABILITY
If any term or provision of these Service Terms is determined by a court of competent jurisdiction to be unlawful, void, or unenforceable, then such determination shall not affect the validity and enforceability of any other term or provision.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date of these Service Terms shall survive the termination of these Service Terms for all purposes.
These Service Terms are effective unless and until terminated by us.
SECTION 18 - GOVERNING LAW
These Service Terms, and any separate terms and conditions referenced herein, shall be governed by and construed in accordance with the laws of the State of Missouri.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of these Service Terms at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Service Terms on this website. It is your responsibility to check this website periodically for changes. Your continued use of, or access to, this website constitutes your acceptance of these Service Terms, as may be amended from time to time.
SECTION 20 - CONTACT INFORMATION
Questions about the Service Terms should be sent to us at firstname.lastname@example.org.