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A “user” is someone who accesses, browses, crawls, scrapes, or in any way uses the Sites. The terms “you” and ““your” refer to you, as a user of the Sites. The terms “we,” “us,” “our,” or refer to Redding Sports LTD.
“Content” means all of the text, images, photos, audio, video, and all other forms of data or communication that we display on or make available through our Sites (as defined below). “User Content” means Content that you submit or transmit to or through the Sites, such as reviews, compliments, invitations, advice, and information that you display. “Redding Sports LTD” means Content that we create and make available on the Sites. “Third Party Content” means Content that is made available on the Sites by parties other than Redding Sports LTD or its users, such as data providers who license data to Redding Sports LTD for use on the Sites.
By using one or more of our Sites you promise that you are at least 18 years of age. If you are not yet 18 years old (a “Minor”), you must have the permission of an adult to use our Sites and agree to these Terms, and that adult must be a parent or legal guardian who is willing be responsible for your use of the Sites. If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to these Terms and to fully indemnify and hold Redding Sports LTD harmless if the Minor breaches any of these Terms.
When you are required to open an account to use or access the Sites or to purchase goods or products via the Sites, you must complete the account registration process by providing the complete and accurate information requested on the My Account Information page. You will be asked to provide a password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account or password of someone else at any time. You agree to notify Redding Sports LTD immediately of any unauthorized use of your account or password. Redding Sports LTD shall not be liable for any loss that you incur as a result of someone else using your account or password, either with or without your knowledge. You may be held liable for any losses incurred by Redding Sports LTD, its affiliates, officers, directors, employees, consultants, agents, or representatives due to someone else’s use of your account or password.
When accessing or using the Sites, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Sites is at all times governed by and subject to laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or Content in violation of any party’s copyrights, trademarks, patents, trade secrets, or other intellectual property or proprietary rights.
Use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Content (or any modification thereto), in whole or in part, in any format or medium now known or later developed;
Use (and permit others to use) your User Content in any manner and for any purpose (including, without limitation, commercial purposes) that we deem appropriate in our sole discretion (including, without limitation, to incorporate your User Content or any modification thereto, in whole or in part, into any technology, product, or service);
Display advertisements in connection with your User Content and to use your User Content for advertising and promotional purposes.
You will not be compensated for any User Content. You agree that Redding Sports LTD may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Sites, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content, and that you have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Content.
You agree to abide by laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property, and you shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by any Content you provide, post, or transmit, or that is provided or transmitted using your user name or user ID. The burden of proving that any Content does not violate any laws or intellectual property rights rests solely with you.
(7.1) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation;
(7.2) is, or may reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another's privacy;
(7.3) contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
(7.4) solicits or is designed to solicit personal information from or about any minor;
(7.5) contains information that poses or creates a privacy or security risk to any person;
(7.6) constitutes or promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
(7.7) involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
(7.8) contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
(7.9) solicits or is designed to solicit passwords or personal identifying information from other Users;
(7.10) involves commercial activities and/or sales without prior written consent from Redding Sports LTD;
(7.11) is known by you to be false, inaccurate, or misleading
(7.12) includes a photograph or video of another person that you have posted without that person’s consent; or
(7.12) violates or attempts to violate the privacy rights, publicity rights, intellectual property rights, contract rights, or any other rights of any person.
(8.1) threatening, stalking, defrauding another person, or inciting, harassing, or advocating the harassment of another person, or otherwise interfering with another user’s use of the Sites;
(8.2) using the Sites in a manner that may create a conflict of interest, such as trading reviews with other business owners or writing or soliciting shill reviews;
(8.3) using the Sites to promote bigotry or discrimination;
(8.4) using the Sites to solicit personal information from minors or to harm or threaten to cause harm to minors;
(8.5) using the site for commercial or promotional purposes, advertising or otherwise solicits funds or is a solicitation for goods or services, displaying an unauthorized commercial advertisement, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Sites or Service on behalf of that person, such as placing commercial content in a product review, placing links to e-commerce sites not authorized by Redding Sports LTD in a product review, placing links to blogs with a commercial purpose, or otherwise attempting to post messages or advertisements with a commercial purpose;
(8.6) engaging in criminal or tortious activity, including, but not limited to, fraud, harassment, defamation, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, or theft of trade secrets;
(8.7) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access;
(8.8) attempting to probe, scan, or test the vulnerability of the Sites or any associated system or network, or to breach security or authentication measures without proper authorization, including circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Sites or Service;
(8.9) interfering or attempting to interfere with service to any User, host, or network, including, without limitation, by means of submitting a virus to the Sites, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;”
(8.10) using the Sites to send unsolicited e-mails, including, without limitation, promotions, or advertisements for products or services;
(8.11) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting;
(8.12) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Redding Sports LTD in providing the Sites;
(8.13) using the Sites for keyword spamming or to otherwise attempt to manipulate natural search results;
(8.14) recording, processing, or mining information about other users;
(8.15) using any viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network, or using any other automated system in order to harvest e-mail addresses or other data from the Sites or Service for the purposes of sending unsolicited or unauthorized material;
(8.16) modifying, copying, distributing, downloading, scraping or transmitting in any form or by any means, in whole or in part, any Content from the Redding Sports LTD Services other than your User Content which you legally post on, through or in connection with your use of the Sites;
(8.17) providing or using “tracking” or monitoring functionality in connection with the Sites or Service, including, without limitation, to identify other Users’ views, actions or other activities on the Sites;
(8.18) interfering with, disrupting, or creating an undue burden on the Redding Sports LTD Sites or the networks or services connected to the Redding Sports LTD Sites;
(8.19) impersonating or attempting to impersonate Redding Sports LTD or a Redding Sports LTD employee, administrator or moderator, another User, or person or entity (including, without limitation, the use of e-mail addresses associated with or of any of the foregoing);
(8.20) using or distributing any information obtained from Redding Sports LTD’s Sites in order to harass, abuse, or harm another person or entity, or attempting to do the same;
(8.21) using invalid or forged headers to disguise the origin of any Content transmitted to or through Redding Sports LTD’s computer systems, or otherwise misrepresenting yourself or the source of any message or Content;
(8.22) engaging in, either directly or indirectly, or encouraging others to engage in, click-throughs generated through any manner that could be reasonably interpreted as coercive, incentivized, misleading, malicious, or otherwise fraudulent; or
(8.23) using the Sites in a manner inconsistent with any and all applicable laws and regulations.
Redding Sports LTD assumes no responsibility for monitoring the Sites for prohibited Content or conduct. If at any time Redding Sports LTD chooses, in its sole discretion, to monitor the Sites, Redding Sports LTD assumes no responsibility or liability for User Content or conduct, assumes no obligation to modify or remove prohibited Content, and assumes no responsibility or liability for prohibited User conduct.
If you become aware of misuse of the Sites or of any prohibited Content or conduct, please report it to Redding Sports LTD by clicking on the “Contact Us” link in the bottom footer of the applicable Site’s home page and sending us an email in through the mechanism provided on the Contact Us web page.
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 Redding Sports LTD our licensors or any of our affiliates without express written consent. You may not use any meta-tags or any other “hidden text” utilizing Redding Sports LTD name or trademarks without the express written consent of Redding Sports LTD. You may not use any direct linking or source-calling of any media presented on the Sites.
Redding, Ca 96002
1-530-221-7333 (Main phone)
Please note that because the colors you see will depend on your monitor, we cannot guarantee that your monitor will display the exact color of an item displayed.
Please Read This Provision Carefully. It Affects Your Legal Rights.
This “Dispute Resolution and Arbitration; Class Action Waiver” provision (“Provision”) facilitates the prompt and efficient resolution of any dispute (e.g., claim or controversy, whether based in contract, statute, regulation, ordinance, tort – including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence – or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below) that may arise between you and Redding Sports LTD. Effectively, then, “dispute” is given the broadest meaning enforceable by law and includes any claims against other parties relating to services or products provided or billed to you (such as our licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.
Pre-Arbitration Claim Resolution
For all Disputes, whether pursued in court or arbitration, you must first give us an opportunity to resolve the Dispute which is first done by mailing us by first class United States mail to: Redding Sports Ltd. 950 Hilltop Drive. Redding, Ca. the following information: (1) your name, (2) your address, (3) A written description of your Claim, and (4) A description of the specific relief you seek. If we do not resolve the Dispute within 60 days after receiving your notification, than you may pursue your Dispute in arbitration. You may pursue your dispute in a court only under the circumstances described below.
Exclusions from Arbitration/Right to Opt Out
Notwithstanding the above, your or we may choose to pursue a Dispute in court and not by arbitration if: (a) The dispute qualifies for initiation in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”). You may opt-out of this Provision by mailing the following information by first class United States mail to Redding Sports LTD (1) your name; (2) your address; (3) A clear statement that you do not wish to resolve disputes with us through arbitration. Either way, we will not take any decision you make personally. In fact, we promise that your decision to opt-out of this Arbitration Provision will have no adverse effect on your relationship with us. But, we do have to enforce the Opt-Out Deadline so keep in mind that any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your dispute in arbitration or small claims court.
If this Provision applies and the dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or we may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org will arbitrate all disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.
For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.
Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration – You or we may initiate arbitration in either Redding, CA or the federal judicial district that includes your billing address. In the event that you select the latter, we may transfer the arbitration to Redding so long as we agree to pay any additional fees or costs which the arbitrator determines you incur as a result of the transfer.
Payment of Arbitration Fees and Costs – So long as you place a request in writing prior to commencement of the arbitration, we will pay all arbitration fees and associated costs and expenses. But, you will still be responsible for all additional fees and costs that you incur in the arbitration which include but are not limited to attorneys’ fees or expert witnesses. In addition to any fees and costs recoverable under applicable law, if you provide notice and negotiate in good faith with us as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.
Class Action Waiver
Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and we specifically agree to do so following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Sites can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision whose remainder will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court.
This Provision shall survive the termination of your account with us and your discontinued use of the Sites. Notwithstanding any provision in this Agreement to the contrary, we agree that if we make any change to this Provision (other than a change to the Notice Address), you may reject any such change and require us to adhere to the language in this Provision if a dispute between us arises.
If you have a question or complaint regarding the Site or any Services, please contact Customer Service at [email protected] or call us at 530-221-7333. You may also contact us by mail( Redding Sports LTD 950 Hilltop dr. Redding, Ca. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.