Last Updated: January, 18 2022
1. ACCEPTANCE OF TERMS OF SERVICE
1.1 Red Rock Outdoors Co. d/b/a Redwood Outdoors (“Redwood Outdoors”, “we”, “us” or “our”) is a Wyoming corporation dedicated to providing quality customizable hot tubs and saunas. Redwood Outdoors offers this website (https://www.redwoodoutdoors.com/), linked subsites, and the information, products, and services available from such site or subsite (collectively, the “Site”) to you and other users, conditioned upon acceptance of all terms, conditions, policies and notices stated in the following terms and conditions (the “Terms of Service”). This Site is hosted on BigCommerce. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Certain products or services offered for purchase on this Site may be subject to additional or different terms and conditions at the time of purchase. You should review the products in your cart carefully before finalizing your purchase.
1.2 These Terms of Service are important and affect your legal rights. Please read these Terms of Service carefully before accessing or using our Site. These Terms of Service apply to all users of the Site, including, without limitation, users who are browsers, customers, and/or contributors of content. If you access this Site on behalf of a company, organization, or entity, then: (a) the term “you” as used herein includes you and that company, organization, or entity; (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in this Terms of Service and to bind the company, organization, or entity to the terms of this Terms of Service; (c) you agree to the terms of this Terms of Service on behalf of the company, organization, or entity; and (d) you represent and warrant that the company, organization, or entity agrees to be responsible to us if you or such it violates these Terms of Service.
1.4 You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, remove, add to, or otherwise change or replace any part of these Terms of Service by posting updates and/or changes on this page. If we make changes to these Terms of Service, we will provide notice of such changes, such as by providing notice through the Site or updating the "Last Updated" date at the beginning of these Terms of Service. It is your responsibility to check this page periodically for changes to the Terms of Service. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of any changes to the Terms of Service. We encourage you to review the Terms of Service frequently to ensure that you understand the terms and conditions that apply when you access or use the Site or order, receive or use the Products.
2. ACCOUNT INFORMATION
2.1 We may provide the opportunity to create an account through the Site (an “Account”). If you decide to create an Account, you will be required to provide us with certain information, including your name and a valid email address. If you create an Account, you agree to submit only accurate information and to keep the information you submit up-to-date, accurate, and complete. If any of your information (including, for example, your email address or payment information) changes, you agree to promptly update your Account.
2.2 You are responsible for maintaining the security and confidentiality of your Account's login information, and you agree not to authorize anyone else to use your Account login information. You are solely responsible for all actions taken under or in connection with your Account, whether by you, an Authorized User (defined below) or any third party. You agree to notify us promptly in the event you learn of any unauthorized use of your Account.
2.4 At our discretion, we may cancel unconfirmed accounts or accounts that have been inactive for a substantial period of time. Additionally, if we determine that you have breached these Terms of Service, violated any applicable law, rule, or regulation, or undertaken other inappropriate conduct, or if we otherwise determine that it is advisable for any business reason, we reserve the right, in our sole discretion and without limiting other remedies, to immediately suspend or terminate your Account or your current or future use of the Site at any time, with or without notice and without incurring any liability, at any time and in our sole discretion. If we elect not to enforce a policy in any instance, doing so does not limit or impair our right to do so in any other instance.
2.5 We may modify or terminate all or part of our Site, terminate these Terms of Service with anyone, or limit or refuse access to the Site for any legal reason at our discretion.
3. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
3.1 While we strive to ensure that the Site is up to date and accurate, we are not responsible if information made available on this Site is not accurate, complete or current. Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to Product descriptions, pricing, promotions, offers, shipping charges, transit times and availability. Additionally, while we endeavor to display as accurately as possible the colors and images of Products that appear on the Site, we cannot guarantee that the display of any color will be accurate or will meet your expectations. The materials on this Site are provided only as general information, 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.
3.2 We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Site at any time without prior notice (including after you have submitted an order).
3.3 In addition to the preceding, 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.
4. PRODUCT AVAILABILITY & PRICING
4.1 All prices are shown in U.S. dollars and applicable taxes and other charges, if any, are additional. We will collect applicable sales tax on Products shipped to the states for which we determine we have a duty to collect sales tax. If an item is subject to sales tax, you agree that the amount of taxes shown at checkout may be adjusted. Terms regarding charges related to shipping and/or returns can be found in our Shipping & Returns Policy.
4.2 Redwood Outdoors, at its sole discretion, may make promotional offers with different pricing to you and/or to any of Redwood Outdoors’s users. These promotional offers will not apply to you or to these Terms except and unless expressly indicated.
4.3 Details of the Products available for purchase are set out on the Site. All features, content, specifications, and prices of Products described or depicted on the Site are subject to change at any time without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email, along with applicable charges. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
4.4 Our Products may have limited quantities, and we reserve the right to impose quantity limits on any Order, to reject all or part of an Order, and to discontinue offering certain Products without prior notice. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of any Product.
4.5 Notwithstanding the preceding, we may from time to time offer warranties on certain Products. These warranties will be subject to limited terms, as set forth on the applicable Product at the time of purchase.
5. PRODUCT PURCHASES
5.1 When you commit to purchase any item on our Site, you agree that you are responsible for reading the full item listing before committing to buy that item. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE DO NOT WARRANT THAT THE QUALITY OF ANY PRODUCTS, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU WILL MEET YOUR EXPECTATIONS OR ANY SAMPLE, MODEL, OR LIKENESS DISPLAYED ON THE SITE, OR THAT ANY DEFECTS IN THE PRODUCTS WILL BE CORRECTED.
5.1 By providing a credit card or other payment method to us to pay for the purchase of any Product, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of any purchases you make, including any taxes and other charges applicable to your purchase, such as shipping charges. We may seek pre-authorization of your credit card prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. If your payment method cannot be verified, is invalid or is otherwise not acceptable, your purchase order may be suspended or cancelled. You will be required to resolve any problem we encounter in order to proceed with that purchase order, or any purchase order that you place with us in the future. You acknowledge that the amount billed to you for the purchase of any Product may vary due to promotional offers, changes to our service or changes in applicable taxes or other charges, and you authorize us (or our third-party payment processor) to charge your payment method for the corresponding amount.
5.2 By placing an order for a Product on our Site, you agree that your order is an offer to buy all Products listed in your order pursuant to these Terms of Service. All orders must be confirmed and accepted by us. We have no obligation to sell any Product to any person and may choose not to accept any orders in our sole discretion. Once we have received your order, we will send you a confirmation email with your order number and details of the items you have ordered. You have the option to cancel your order at any time before we have sent your order confirmation email by e-mailing Redwood Outdoors at email@example.com. Cancelations made after 7 days will incur a 3.5% charge as per our Shipping & Returns Policy.
5.3 We will arrange for shipment of the Products to you. Please check the individual product page for specific delivery options. Shipment and delivery of the Products will be delivered as specified in your order. You will pay all shipping and handling charges specified during the ordering process. Title and risk of loss pass to you upon our transfer of the products to the carrier/delivery. Shipping and delivery dates provided on the Site are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. All shipments of Product(s) are subject to the terms set forth in our Shipping & Returns Policy.
6. LINKING; THIRD-PARTY WEBSITES; THIRD-PARTY PRODUCTS AND SERVICES
6.1 The Site may contain links to independent third-party websites (“Linked Sites”). Links to Linked Sites are provided solely as a convenience to you. Linked Sites are not operated by us and are not under our control. We are not responsible for and do not endorse the content of Linked Sites, including any information or materials contained on Linked Sites, or make any warranties regarding Linked Sites or the content or materials available on Linked Sites. You are solely responsible for making your own independent judgment regarding your interaction with Linked Sites.
6.2 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. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
7. ACCESS TO AND USE OF THE SITE
7.1 License Grant to You. We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site solely (i) for your personal, non-commercial use or your legitimate business purposes related to your role as a current or prospective customer of Redwood Outdoors; and (ii) in accordance with the terms of these Terms of Service. All rights not expressly granted in these Terms of Service are reserved by us. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, the Site or any of the Redwood Outdoors Content (defined below) without our express, written consent.
7.2 Restrictions on Your Access to and Use of the Site. In connection with your access to or use of the Site (including purchasing any Products), you are prohibited from:
using our Site if you are not able to form legally binding contracts in the applicable jurisdiction (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our Site;
transferring your Account to another party without our consent;
purchasing any Products with the intent to resell;
accessing data not intended for you or logging onto a server which you are not authorized to access;
using any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to access, navigate, or search the Site, other than generally available third-party web browsers (e.g., Mozilla Firefox, Google Chrome and Microsoft Explorer);
using any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on or through the Site;
attempting to probe, scan or test the vulnerability of the Redwood Outdoors system or network or to breach security or authentication measures;
attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site or through the Service, overloading, “flooding,” “spamming,” “mailbombing” or “crashing”;
copying, modifying, adapting, reproducing, reverse engineering, decompiling, disassembling, or preparing derivative works of our software or Redwood Outdoors Content, or any content that is not your own;
distributing viruses, malicious code, malware or any other technologies that may harm the Site or any user of the Site;
violating or circumventing any applicable laws or regulations, or any technical measures, security measures or policies of the Site; or
violating, infringing, or breaching the rights of Redwood Outdoors or a third party, including, but not limited to, any copyrights, trademark rights, patent rights, trade secret rights, rights of publicity or personality, moral rights, or any other proprietary rights.
7.3 Violations of system or network security may result in civil or criminal liability. Redwood Outdoors will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
8. USER CONTENT AND LICENSE GRANT TO US.
8.1 When you transmit any information, content, materials or data to or through the Site (“User Content”), you are not forfeiting any ownership rights you may have in the User Content. However, by submitting User Content on or through the Site, you hereby grant Redwood Outdoors and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, sell or participate in the sale of or exploit in any way, and display, in whole or in part, such User Content, including, but not limited to, throughout the world in any media, as necessary (a) to provide, maintain and improve the Site; (b) to prevent or address service, security, support or technical issues; (c) as required by law; and (d) as authorized by you.
8.2 You represent and warrant that you own or have obtained all necessary rights and/or licenses to User Content that you transmit, and that our use of such User Content as authorized under these Terms of Service does not violate or infringe upon the rights of any person or entity. Redwood Outdoors will not be responsible for any loss, destruction, damage, or alteration of any User Content you transmit or for any disclosure of your User Content caused by any third party.
8.3 We will take reasonable steps to ensure that credit card information is encrypted whenever we transfer such information over networks. Notwithstanding the foregoing, you understand that your User Content (excluding credit card information) may be transferred without encryption and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
9. OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
9.1 The Site and all information, content, and materials offered on or through the Site, including, but not limited to, text, images, videos, illustrations, designs, icons, logos, photographs, software, programs and written and other materials that are part of the Site or accessible through the Site, other than User Content (collectively, “Redwood Outdoors Content”), is the property of Redwood Outdoors or its licensors. No right, title or interest in any Redwood Outdoors Content is transferred to you by way of these Terms of Service or otherwise. Redwood Outdoors does not grant permission to any individuals or entities to use any content from this Site.
9.2 You acknowledge and accept that you have no property or other rights in Redwood Outdoors Content. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Redwood Outdoors Content or the Site. The Site and the Redwood Outdoors Content are protected by copyright, trademark, and/or other intellectual property laws.
9.3 Without limiting the foregoing, you may not use any Redwood Outdoors Content in any on any other website, in any publications, in public performances, in any manner that is likely to cause confusion among customers, or in any manner that disparages or that otherwise infringes Redwood Outdoors’s intellectual property rights.
10. COPYRIGHT INFRINGEMENT (DIGITAL MILLENNIUM COPYRIGHT ACT)
10.1 We respect the intellectual property of others. We strive to respond promptly to proper notices of copyright infringement by removing or disabling access to allegedly infringing material. It is our policy to terminate the access privileges of those who infringe the copyrights of others.
10.2 Submitting a Copyright Infringement Notification. If you believe that any material appears on the Site in a way that infringes the copyright in a work you own, please send a notification containing the following information to Redwood Outdoors’s Copyright Agent (identified below):
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the work in which you hold a copyright interest which you believe is being infringed;
a description of the location on the Site where the allegedly infringing material is located (preferably including a URL address);
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
10.3 Our Copyright Agent can be reached at the following address:
Attn: Copyright Agent
Red Rock Outdoors Co.
Suite 1918, 30 North Gould St, Sheridan, WY 82801
If you send feedback, comments, ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Feedback”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Feedback. We are and shall be under no obligation (1) to maintain any Feedback in confidence; (2) to pay compensation for any Feedback; or (3) to respond to any Feedback.
12. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
12.1 THE SITE AND ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OFFERED ON OR THROUGH THE SITE IS PROVIDED BY REDWOOD OUTDOORS ON AN “AS IS” AND “AS AVAILABLE” BASIS. REDWOOD OUTDOORS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SITE, OR ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OFFERED ON OR THROUGH THE SITE. TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, REDWOOD OUTDOORS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. REDWOOD OUTDOORS DOES NOT WARRANT THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF SERVICE, AND YOU ACKNOWLEDGE THAT REDWOOD OUTDOORS WOULD NOT HAVE ENTERED INTO THESE TERMS OF SERVICE WITH YOU WITHOUT YOUR AGREEMENT TO THE TERMS OF THIS DISCLAIMER.
12.2 WITHOUT LIMITING SECTION 12.1, REDWOOD OUTDOORS MAY, FROM TIME TO TIME AND AT OUR DISCRETION, PROVIDE CERTAIN WARRANTIES WITH RESPECT TO SPECIFIC PRODUCTS OFFERED ON OR THROUGH THE SITE. SUCH WARRANTIES WILL BE EXPRESSLY MADE TO YOU IN WRITING AT OR PRIOR TO THE TIME OF YOUR PURCHASE, WILL BE LIMITED TO THE PRODUCT FOR WHICH THEY ARE ISSUED, AND MAY BE SUBJECT TO ADDITIONAL TERMS AND CONDITIONS, WHICH WILL BE SET OUT IN THE WARRANTY ITSELF. ANY EXPRESS WARRANTIES THAT WE PROVIDE ARE THE EXCLUSIVE AND ONLY WARRANTIES THAT WE PROVIDE WITH RESPECT TO ANY OF THE PRODUCTS WE SELL. TO THE MAXIMUM EXTENT POSSIBLE UNDER APPLICABLE LAW, REDWOOD OUTDOORS SHALL NOT BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR ANY OTHER TYPES OF DAMAGES LIMITED BY THESE TERMS OF SERVICE, WHETHER DIRECT OR INDIRECT, AS A RESULT OF ANY PRODUCT WARRANTY THAT WE PROVIDE.
12.3 WE TRY TO DISPLAY THE PRODUCTS AND OTHER MATERIALS AND INFORMATION YOU VIEW ON THE SITE AS ACCURATELY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION AND ARE NOT RESPONSIBLE FOR ANY CLAIMS ARISING OR RESULTING FROM YOUR RELIANCE THEREON. IN THE EVENT OF AN ERROR ON OUR SITE, IN AN ORDER CONFIRMATION, IN PROCESSING OR DELIVERING AN ORDER OR OTHERWISE, WE RESERVE THE RIGHT TO CORRECT SUCH ERROR AND REVISE YOUR ORDER ACCORDINGLY (INCLUDING CHARGING THE CORRECT PRICE) OR TO CANCEL YOUR ORDER AND ISSUE YOU A REFUND. THE SITE MAY CONTAIN INFORMATION ABOUT PRODUCTS THAT ARE NOT AVAILABLE TO BE DELIVERED TO EVERY LOCATION. A REFERENCE TO A PRODUCT ON THE SITE DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION OR AT THE TIME OF YOUR ORDER.
12.4 TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL REDWOOD OUTDOORS, ITS AFFILIATES, AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AND AGENTS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE OR ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OFFERED ON OR THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF REDWOOD OUTDOORS, ITS AFFILIATES, OR THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AND AGENTS HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. IN NO EVENT WILL REDWOOD OUTDOORS’S LIABILITY TO YOU EXCEED THE GREATER OF EITHER: (I) THE AGGREGATE AMOUNT THAT YOU HAVE PAID TO REDWOOD OUTDOORS FOR PRODUCT(S) PURCHASED UNDER THESE TERMS OR SERVICE, IN ANY CASE WHERE YOUR CLAIM AGAINST REDWOOD OUTDOORS ARISES FROM THOSE PRODUCTS; OR (II) ONE HUNDRED ($100.00) U.S. DOLLARS.
12.5 CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to indemnify, defend and hold harmless Redwood Outdoors (including our subsidiaries, and our and their affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees) harmless from any claim, demand, loss, damages, liability or expense, including reasonable attorneys’ fees, made against Redwood Outdoors by any third party due to or arising out of your breach of these Terms of Service (including each of the policies and additional terms referenced and incorporated herein), or your violation of any applicable law or the rights of a third party in connection with your access to or use of the Site.
14. LIMITATION ON TIME TO BRING CLAIMS
To help resolve any issues between us promptly, you agree to bring any claim arising out of or relating to these Terms of Service, our relationship, or the use of the Site within one year after a claim arises; otherwise, the claim is waived. This limitation applies regardless of the venue in which such claim is or could otherwise be asserted.
In the event that any provision of these Terms of Service is determined 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 to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
These Terms of Service shall remain in force and effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by providing written notice to us. We may terminate the Site immediately with or without notice, and/or may deny you access to the Site, in our sole discretion, in the event you breach, or threaten to breach, any term of these Terms of Service. Upon any termination of these Terms of Service, you must immediately discontinue use of the Site. Even after your rights under these Terms of Service are terminated, all provisions of these Terms of Service which by their nature should survive, will survive, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
17. MISCELLANEOUS TERMS
17.1 Consent to Electronic Communications. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email, or on the Site or through the Site, satisfy any legal requirement that such communications or agreements be in writing.
17.2 Force Majeure. Redwood Outdoors shall not be liable or responsible to you, nor be deemed to have defaulted under or breached these Terms of Service, for any failure or delay in fulfilling or performing any term of these Terms of Service, to the extent such failure or delay is caused by or results from acts beyond our control, including, without limitation, the following force majeure events ("Force Majeure Event(s)"): (a) acts of God; (b) flood, fire, earthquake, epidemics, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of these Terms of Service; (f) national or regional emergency; [(g) strikes, labor stoppages or slowdowns, or other industrial disturbances; (h) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; and (i) other similar events beyond our control. If a Force Majeure Event occurs, will provide notice either by e-mail or by posting such notice on the Site, stating the period of time the occurrence is expected to continue. We will use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized, and will resume the performance of our obligations as soon as reasonably practicable.
17.3 Assignment. You may not assign your rights or obligations under these Terms of Service without the prior written permission of Redwood Outdoors and any attempt by you to do so shall be null and void. We may assign our obligations under these Terms of Service, in whole or in part, at any time and at our sole discretion, to an affiliate, or pursuant to a transfer of all or substantially all of such Party’s business and assets, whether by merger, sale of assets, sale of stock, or otherwise.
17.4 Waiver. The waiver of a breach of any provision of these Terms of Service will not operate or be interpreted as a waiver of any other or subsequent breach. Except as otherwise provided in this Terms of Service, if any provision of this Terms of Service is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.
17.5 Relationship of the Parties; No Third-Party Beneficiaries. Redwood Outdoors and you are independent contractors. These Terms of Service does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between Redwood Outdoors and you. There are no third-party beneficiaries to these Terms of Service. In our sole discretion, we may assign these Terms of Service, in whole or in part, at any time and for any reason, at our sole discretion, and in such event, we will post a notice on the Site.
17.6 Survival. Sections 2.3, 3, 5, 7, 8, and 11-18 shall survive any termination of these Terms of Service.
17.7 Disputes; Governing Law; Forum; Waiver of Jury Trial. In the event of any controversy or dispute between Redwood Outdoors and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law. These Terms of Service will be construed in accordance with and all matters relating to your access to or use of the Site, including all disputes, will be governed exclusively by the laws of the United States and the State of Wyoming applicable to agreements made among Wyoming residents and to be performed wholly within such jurisdiction, regardless of the parties’ actual domiciles. Redwood Outdoors and you consent to the exclusive jurisdiction and venue of the state and federal courts in Laramie County, Wyoming. EACH PARTY HEREBY WAIVES ANY RIGHT TO JURY TRIAL IN CONNECTION WITH ANY ACTION OR LITIGATION IN ANY WAY ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE.
17.8 Headings. The headings used in these Terms of Service are included for convenience only and will not limit or otherwise affect these Terms of Service.
18. CONTACT INFORMATION
Questions about or notices required by these Terms of Service may be sent to us at firstname.lastname@example.org.