Terms of Use

Agreement to Terms

These Terms of Use constitute a legally binding agreement between you, whether personally or on behalf of an entity (“you”, “your”, “user”) and Redwood Ink, LLC (“Company”, “we”, “us”, “our”) concerning your access and use of the www.redwoodink.com (“Website”) and any other websites operated by the Company, including but not limited to learn.redwoodink.com. You agree that by accessing the Website, you have read, understood, and agree to be bound by all these terms.

User Representations

By using this Website, you warrant that you are 18 years or older and you have the legal capacity to agree to a comply with these Terms of Use. You also warrant that you will not use the Website for any illegal or unauthorized purpose and that your use of the Website will not violate any applicable law or regulation.

Visitors and Registered Users

Any user who voluntarily signs up for more information (eg, newsletter, bonus materials) agrees to these Terms of Use. Any user who purchases a product, service, or program through the Website agrees to these Terms of use as well as the Terms of Service and Terms of Purchase where applicable.

We provide Visitors and Registered Users with access to our Website. Both Visitors and Registered Users can access publicly available content on the Website and contact us by email. Registered Users who register for a newsletter, product, service, or program, can also access exclusive content hosted on the Website.

We are not obligated to accept or retain anyone as a Registered User at our sole and complete discretion. We may deactivate any account at any time, including, without limitation, if we determine that a Registered User violated these Terms of Use, the Terms of Service, or any Terms of Purchase.

Term and Termination

Without limiting any other provision of these Terms of Use, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Website to any person for any reason, including for breach of any part of these Terms of Use. If you provide any information that is untrue, inaccurate, not current, or incomplete, we reserve the right to deactivate your account and refuse any and all current or future use of the Website, or any portion of the Website. 

Intellectual Property Rights

The Website contains Website designs, text, graphics, images, coursework, software, video, audio files, and other material provided by or on behalf of the Company (collectively referred to as the “Content”). The Website also contains trademarks, service marks, and logos (“Marks”) that are owned and controlled by us or licensed to us. All Content and Marks, whether owned by us or our associates, is proprietary and protected under both United States and foreign laws. The Content and Marks are provided on the “Website” for your information and personal use only.

Registered Users who have purchased any product, service, or program are granted a limited license to download one copy of their purchase for personal, non-commercial use. You agree not to modify, copy, duplicate, imitate, reproduce, republish, display, upload, translate, transmit, distribute, sell, transfer, assign, license sublicense, or create derivative works of the Content, nor to help a third party do the same, without our written permission. You may not post any portion of the Content in either print or digital format, to any other website, social media page, or networked computer environment for any purpose. The Content may not be used in connection with any product or service that is not ours in any manner that is likely to cause confusion among users or disparages or discredits us or anyone else.

Submissions and User-Generated Content License

Portions of the Website may allow you to post comments, reviews, photographs, or other content (“User-Generated Content”). Where allowed on the Website, you may submit comments, reviews, suggestions, ideas, questions, or other information, provided that the User-Generated Content is not illegal, obscene, defamatory, threatening, objectionable, invasive of privacy or intellectual property rights, or may otherwise cause injury to us or any third parties. You may not to submit any malware, software viruses, or spam, including advertisements and solicitations. You may not use untrue or inaccurate email addresses, including, not without limitations, impersonating anyone or otherwise misleading as to the origin of any User-Generated Content. We reserve the right, without obligation, to remove or edit any such content.

You agree that any User-Generated Content that you submit to us will not be subject to any expectation of privacy, trust, or confidence between you and us, and that no confidential, fiduciary, or other relationship is intended or created between you and us. If you post any User-Generated Content, intentionally or unintentionally, you are granting us a license and unrestricted rights to use that User-Generated Content for any and all purposes whatsoever, commercial and otherwise, without any further permission from you and without any payment to you or anyone else. These rights include the use of the name you submit, along with any other name by which you are known, in connection with the User-Generated Content. We have the right to use, reproduce, print, display, exhibit, publish, license, sub-license, transfer, modify, translate, or create derivative works or any User-Generated Content that you submit, without any further permission from you, notice to you, or payment to you.

You represent and agree that you own, have full rights to, or otherwise control all User-Generated Content that you submit or send to us. You also represent and agree that such User-Generated Content is accurate and true and does not violate these Terms of Use or our Privacy Policy. You agree to indemnify us and our affiliates and designees from and against any and all claims arising out of, resulting from, or relating to any User-Generated Content that you submit to us. We assume no responsibility and have no liability for any User-Generated Content submitted by you or anyone else.

You agree that each time you submit User-Generated Content to the Website, you validate and confirm the then-existing terms for that submission and all previous submissions to us.

Fees and Payments

To access some of our products, services, and programs, you may need to purchase or pay a fee. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Website. You also agree to update your account and payment information, including your email address and payment card information, so that we can complete your transactions and contact you as needed. We may change prices at any time without notice. All payments shall be in USD.

When you make a purchase, you agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts.

We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Website.

Prohibited Activities

You may not access or use the Website for any purpose other than that for which we make the Website available. You may not use the Website in connection with any commercial endeavors except those that are specifically approved by us in writing.

As a user of the Website, you agree not to:

1. Systematically retrieve data or Content from the Website to create or compile, directly or indirectly, a collection, database, or directory without our written permission.

2. Make any unauthorized use of the Website, including collecting usernames and/or email addresses of users for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

3. Use a buying agent or purchasing agent to make purchases on the Website.

4. Use the Website to advertise or offer to sell goods and services.

5. Circumvent, disable, or otherwise interfere with security-related features of the Website, including features that prevent or restrict the use or copying of any Content.

6. Trick, defraud, or mislead us and other users, including any attempt to learn sensitive account or personal information, such as user passwords.

7. Engage in any automated use of the system, such as using scripts to send messages, or using any data gathering and extraction tools.

8. Interfere with, disrupt, or create an undue burden on the Website or the networks or services connected to the Website.

9. Use the Website in a way that may interrupt, damage, render less efficient, or otherwise impair the effectiveness or functionality of the Website.

10. Attempt to impersonate another user or person or use the username of another user.

11. Sell or otherwise transfer your profile.

12. Use any information obtained from the Website to harass, abuse, or harm another person.

13. Use the Website as part of any effort to compete with us or otherwise use the Website and/or Content for any revenue-generating endeavor or commercial enterprise.

14. Attempt to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website.

15. Harass, intimidate, or threaten any of our employees or agents that provide any portion of the Website to you.

16. Delete the copyright or other proprietary rights notice from any Content.

17. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, that modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Website.

18. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Website.

19. Use the Website in a manner inconsistent with any applicable laws or regulations.

Site Management

We reserve the right, but not the obligation, to monitor the Website for violations of these Terms of Use and take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use. We also reserve the right to, in our sole discretion and without limitation, notice, or liability, remove from the Website or otherwise disable any files and content that are in any way burdensome to our systems. We also reserve the right to manage the Website in a manner that protects our rights and property and that facilitate the proper functioning of the Website.

Modifications, Corrections, and Interruptions

We reserve the right to change or remove any Content or any part of the Website at any time and for any reason at our sole discretion without notice. We are not obligated to update any information on our Website. We will not be liable to you for any changes, including price changes, or discontinuance of the Website.

The Website may contain typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Website at any time, without prior notice.

We cannot guarantee that the Website will be available at all times. We may need to maintain the Website or we may experience hardware, software, or other problems that result in interruptions, delays, and errors. We are not obligated to maintain and support the Website or to supply any notifications of corrections, updates, or releases. You agree that we are not liable whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Website during any downtime or discontinuance of the Website.

Governing Law

The Terms of Use shall be deemed to have been made in the State of California, and its validity, construction, and effect shall be governed by the laws of the State of California.

Complaints and Disputes

In the event of a complaint or dispute of any nature whatsoever, you agree to first try to resolve it in good faith among ourselves within 2 weeks after we receive notice of the issue. If we cannot resolve the issue in that time, we agree that we will resolve the dispute or disagreement by a final and binding mediation in the State of California. Mediation may take place in California, or electronically via remote technology (eg, Zoom) at the sole discretion of the appointed mediator.

Disclaimer

You agree that your access to and use of the Website and any Content is at your own risk. The Website and its Content are provided “as is” and “as available.”

To the fullest extent permitted by law, we disclaim all warranties, express or implied, connected to the Website and your use of the Website. These warranties include, without limitation, the implied warranties of merchantability, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, condition, or completeness. We make no warranties or representations about the accuracy or completeness of the Content of the Website or any content of linked websites. We will assume no liability or responsibility for any of the following:

1.    Errors, mistakes, or inaccuracies of the Content.

2.    Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Website.

3.    Any unauthorized access to or use of our secure servers.

4.    Any unauthorized access to any personal information and/or financial information stored in our Website or secure servers.

5.    Any interruption or cessation of transmission to or from the site.

6.    Any bugs, viruses, trojan horses, or similar that may be transmitted to or through the Website by any third party.

7.    Any errors or omissions in any Content.

8.    Any loss or damage of any kind incurred related to use of any Content.

We do not warrant, endorse, guarantee, or assume responsibility for any product, service, or program advertised or offered by a third party through the Website, or for any hyperlinked website. We will not be a party to or responsible for any transaction between you and any third party. You hereby irrevocably and unconditionally waive any and all claims against us for information, content, and materials contained on the Website and on third-party sites. You also hereby irrevocably and unconditionally waive any and all claims against us for any information, content, and materials you provide to or through any third-party sites, including, without limitation, credit card and other personal information. We encourage you to use your best judgment and exercise caution before engaging in an online or offline transaction with any third party.

Limitations of Liability

The Website and products, services, or programs provided by us are not suitable for everyone, nor are they substitutes for any professional advice or treatment, including that of a licensed health care or legal professional. We do not assume, and shall not have, any liability to users for injury or loss connected to the Website, products, services, or programs.

In no event will we be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Website, even if we have been advised of the possibility of such damages. In no event shall our total liability to you for all loss, cost, damage, liability, or expense (including attorney fees) that you may incur exceed the lesser of the amount paid, if any, by you for the right to access or participate in any activity related to the Website or $100.

The limitations, exclusions, and disclaimers herein and elsewhere in these Terms of Use apply to the maximum extent permitted by applicable law.

Certain provincial laws may not allow certain exclusions, limitations, or disclaimers. If these laws apply to you, some or all the above disclaimers or limitations may not apply to you.

Indemnification

You agree to defend, indemnify, and hold us harmless, including our affiliates, officers, agents, partners, members, employees, and contractors from and against all claims, losses, damages, liabilities, or costs, including legal fees and expenses, incurred by us and arising out of: (1) use of the Website; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights, including but not limited to intellectual property rights, of a third party; or (5) any overt harmful act toward any user of the Website. 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. You agree to cooperate, at your expense, with our defense of such claims, including without limitation, providing us with information, documents, records, and reasonable access to you as we deem necessary. We will make reasonable efforts to notify you of any such claim, action, or proceeding that is subject to this indemnification as soon as we become aware of it.

Under no circumstances shall we or any of our affiliates, officers, agents, partners, members, employees, and contractors be liable for any delay or failure in performance that results from, directly or indirectly, any event of force majeure or other cause beyond our control. These events include, without limitation, acts of God, natural disasters, war, electrical power failures or fluctuations, equipment and technical failures, shortages or labor or materials, labor disputes and strikes, riots, civil disturbances, government actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties. We or any of our affiliates, officers, agents, partners, members, employees, and contractors are not responsible or liable for any incompatibility between the Website and any other site, hardware, software, or service, or any delay or failure you may experience in using the Website.

Electronic Communications, Transactions, and Signatures

When you visit the Website, send us emails, and complete online forms, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing. You hereby agree to using electronic signatures, contracts, orders, and other records, and to receiving electronic notices, policies, and records of transactions initiated or completed by us or the Website. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

Entire Agreement

These Terms of Use and any policies or operating rules posted by us on the Website or in respect to the Website constitute the entire agreement and understanding between you and us. No oral explanation or oral information given by either of us shall change the interpretation of these Terms of Use.

Miscellaneous

The subject headings in these Terms of Use are provided for convenience only and shall not change the construction or interpretation of any of the terms or provisions described herein.

Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms of Use or use of the Website.

You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.

Privacy

Please review our Privacy Policy, which also governs your use of the Website, to understand our privacy practices.

Changes to These Terms of Use

We reserve the right to change these Terms of Use at any time without notice. Changes and clarifications will take effect immediately upon their posting on the website. We advise you to review these Terms of Use periodically for any changes. Whenever we make changes to the Terms of Use, we will update the date at the top. If you do not agree to any change to the Terms of Use, then you must immediately stop using the Website.

Contacting Us

If you have any questions about these Terms of Use, you may contact us at hello@redwoodink.com.