Terms & Conditions
Terms & Conditions
Welcome to Rhodane.com. Please read on to learn the rules and restrictions that govern your use of our website(s), services, and applications (the “Services”), including, without limitation, any request to receive information about or to purchase any of the products made available through our website(s) (each, a “Product”). Your purchase of any Products will also be governed by any other terms made available by us to you during the sales process. If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at Email: support@rhodane.com
These Terms of Use (the “Terms”) are a binding contract between you and Rhôdane (“Rhôdane,” “we,” and “us”). Your use of the Services in any way, including without limitation to purchase Products or registering for the Services, means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services or are a registered user of the Services. These Terms include the provisions in this document as well as those in the Privacy Policy and the terms and conditions of sale entered into between you and us for the sale of any Products. These Terms apply to all users of the Services and all users of the Products, including, without limitation, registered and unregistered users. Your use of or participation in certain Services may also be subject to additional policies, rules, and/or conditions (“Additional Terms”), which are incorporated herein by reference, and you understand and agree that by using or participating in any such Services, you agree to also comply with these Additional Terms. Please read these Terms carefully. They cover important information about Services and Products provided to you. These Terms include information about future changes to these Terms, limitations of liability, a class-action waiver, and resolution of disputes by arbitration instead of in court. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES OR PRODUCTS ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS ANY OF THE SERVICES OR PRODUCTS IN ANY MANNER.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Will these Terms ever change?
We are constantly trying to improve our Products and Services, so these Terms may need to change along with our Products and Services. We reserve the right to change the Terms at any time, but if we do, we will place a notice on our site, send you an email, and/or notify you by some other means.
If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
What about my privacy?
Here at Rhôdane we take the privacy of its users very seriously. For the current Rhôdane Privacy Policy, please click here.
Children’s Online Privacy Protection Act & General Data Protection Regulation
Rhôdane complies with the Children’s Online Privacy Protection Act (“COPPA”) and the General Data Protection Regulation (GDPR). We do not knowingly collect or solicit personally identifiable information from children under the age of 16. If you are a child under 16 years of age, please do not attempt to register for or otherwise use the Services or send us any personal information. If we learn we have collected personal information from a child under 16 years of age, we will delete that information as quickly as possible. If you believe that a child under 16 years of age may have provided us personal information, please contact us at support@rhodane.com
What are the basics of using Rhôdane?
You may be required to sign up for an account, select a password and username (Rhôdane User ID”), and provide us with certain information or data, such as your contact information. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Rhôdane User ID a name that you do not have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
Additionally, you may be able to access certain parts or features of the Services by using your account credentials from other services (each, a “Third Party Account”), such as those offered by Google, Facebook, and Apple. By using the Services through a Third Party Account, you permit us to access certain information from such account for use by the Services. You are ultimately in control of how much information is accessible to us and may exercise such control by adjusting your privacy settings on your Third Party Account.
You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and have gotten your parent or guardian to agree to these Terms on your behalf).
You will only use the Services and Products you obtain for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services or Products is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your use of the Services or Products in a way that breaks the law.
You will not share your Rhôdane User ID, account, or password with anyone, and you must protect the security of your Rhôdane User ID, account, password, and any other access tools or credentials. You’re responsible for any activity associated with your Rhôdane User ID and account.
User Responsibility and Content Governance:
All content posted or transmitted through our services is the sole responsibility of the user originating it. Users access content at their own risk, and we disclaim liability for errors, omissions, or damages related to such content. We do not control user interpretation or use of content, nor do we guarantee the identity of users accessing our services. Users are responsible for all content they contribute to our platform and must warrant they possess the necessary rights to do so.
Third-Party Links and Services:
Our services may include links to third-party websites or services. Users acknowledge and accept the risks associated with accessing such third-party content. We do not endorse or control third-party websites or services and are not responsible for their content, accuracy, or practices.
Dealing with Third Parties:
Users engage with third-party organizations or individuals at their own risk, and we disclaim liability for any loss or damage resulting from such interactions. Users are encouraged to conduct necessary due diligence before engaging in transactions or interactions with third parties facilitated by our services.
Payment Terms:
By using our services, users agree to the payment terms presented during the purchasing process for products offered through our platform. Payment processing is facilitated by third-party payment processors, and users agree to pay all charges incurred through their billing account.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. We reserve the right to refuse any order you place with us and to limit or cancel quantities purchased per person, per household, or per order.
Cancellation and Termination:
Users may cease using our services at any time by contacting us. We reserve the right to terminate or suspend user accounts for any reason, including breaches of our terms. Account termination may result in the permanent deletion of associated content, with advance notice provided where feasible. Provisions necessary for the survival of these terms post-termination shall remain in effect.
Referral Program:
Referral Responsibility: Users may participate in our referral program ("Referral Program") to refer individuals or entities who are not current customers of our services ("Referees"). Referrers may receive rewards or incentives for successful referrals according to the terms outlined in specific offers. Referrers must ensure that referred Referees are first-time recipients of the offer, and multiple referrals to the same recipient will be disregarded. We reserve the right to modify or terminate any special offers at any time, and we reserve the right to revoke rewards or incentives if Referrers or Referees attempt to obtain unfair advantage or violate the terms or spirit of the Referral Program.
Warranty Disclaimer:
No Warranty: Our services, including any content accessed through them and any products offered, are provided "as-is" without any warranty of any kind, either express or implied. We do not make any representations or warranties regarding the accuracy, legality, or decency of content accessed through our services. Users access our services at their own risk, and we disclaim any responsibility for damages arising from the use of our services. Some jurisdictions do not allow the exclusion of certain warranties, so the above disclaimer may not apply to all users.
Waiver of Class or Consolidated Action:
No Class Action: All claims and disputes within the scope of these Terms and Conditions must be arbitrated or litigated on an individual basis and not on a class basis. Claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user. If any court or arbitrator determines that the waiver of class or consolidated action is found to be unenforceable, then the entire arbitration agreement shall be deemed null and void.
Arbitration Agreement:
Arbitration: Any disputes arising out of or related to these Terms and Conditions shall be resolved through binding arbitration in California, in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted by a single arbitrator with substantial experience in commercial disputes. The arbitrator's decision shall be final and binding, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Both parties agree to waive their right to a jury trial and to participate in arbitration proceedings.
Electronic Communications:
Electronic Orders: When you place a Qualifying Customer Order through the Merchant’s website, you are communicating with us electronically, and you consent to entering into this agreement by electronic means. You also consent to receive communications from us electronically, including via email. Any notices, disclosures, or other communications provided to you electronically satisfy any legal requirement that such communications be in writing.
User Comments and Feedback:
If you submit comments or feedback to us, you agree that we may use, edit, copy, publish, distribute, and otherwise use your submissions. We reserve the right to monitor, edit, or remove content that we determine, in our sole discretion, violates these Terms of Service.
Tax Responsibilities:
Tax Obligations: You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with our services. We may, in our sole discretion, assist with these obligations as we see fit. Failure to comply with tax obligations may result in penalties or legal action.
Shipping:
Shipping Terms: All shipping terms and conditions are outlined in our Shipping Policy. By using our services, users agree to abide by the terms and conditions outlined in the Shipping Policy. We reserve the right to refuse service, cancel orders, or impose additional shipping fees for certain regions or addresses.
General conditions:
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (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 portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
We reserve the right to limit the sales of our products or services to any person, geographic region, or jurisdiction. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.
Accuracy, completeness, and timeliness of information:
We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
We strive to provide accurate information, but occasionally there may be errors, inaccuracies, or omissions in our content. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice.
Modifications to the service and prices:
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.
Fraud Prevention:
Fraud Prevention Protocols: We employ various fraud prevention protocols and policies to reduce fraud and minimize chargeback risks. Users must comply with these protocols and policies, including card authentication and address verification. Any attempted fraudulent activity will be subject to investigation, and we reserve the right to take appropriate legal action. Users found to be engaging in fraudulent activity may be banned from using our services.
Miscellaneous:
Severability: If any provision of these Terms and Conditions is found to be unenforceable, the remaining provisions shall remain in full force and effect. The unenforceable provision shall be modified to the extent necessary to make it enforceable while preserving the intent of the parties.
Entire Agreement: These Terms and Conditions constitute the entire agreement between users and us regarding the subject matter herein and supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between the parties. Any modifications or amendments to these Terms and Conditions must be made in writing and signed by both parties.
Governing Law: These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.
Language: The parties have expressly requested that these Terms and Conditions and all related documents be drafted in English.
Age Restriction: You may not use or engage with our Platform if you are under thirteen (13) years of age. If you are between the ages of thirteen (13) and eighteen (18), you must have your parent's or legal guardian's permission to use or engage with our Platform. By using or engaging with our Platform, you affirm that you are not under thirteen (13) years of age, are between thirteen (13) and eighteen (18) years old with parental or legal guardian permission, or are of legal adult age in your jurisdiction. You also affirm that you are permitted by your jurisdiction's Applicable Law to use and/or engage with our Platform.
Prohibited Content:
Content Restrictions: You agree not to send any prohibited content over our Platform, including but not limited to:
- Fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity.
- Objectionable content such as profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination.
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code.
- Unlawful products, services, or promotions.
- Content implicating personal health information protected by HIPAA or HITEC Act.
- Any other content prohibited by Applicable Law in the jurisdiction of the sender.
We endeavor to comply with all applicable laws and regulations in the State of California. By accessing or using our website, you acknowledge and agree that these Terms of Service, along with any policies or operating rules posted on this site, are governed by the laws of the State of California, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms of Service shall be subject to the exclusive jurisdiction and venue of the courts located in California. If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service, without affecting the validity and enforceability of the remaining provisions.
California Consumer Right:
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the website, please send an email to support@rhodane.com. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.