Terms and Conditions

TERMS AND CONDITIONS
THESE TERMS OF USE (THE “TERMS”) ARE A LEGAL CONTRACT BETWEEN YOU AND ROGUE REFINED INTERIOR DESIGN, LLC (“ROGUE REFINED”, “WE”, “US”, OR “OUR”). THESE TERMS GOVERN ANY ACCESS OR USE OF THE WEBSITE LOCATED AT HTTPS://ROGUEREFINEDDESIGN.COM, ALL ASSOCIATED SITES, MARKETPLACE OR APPLICATION PROGRAM INTERFACE, AND ANY OTHER SOFTWARE, TOOLS, FEATURES, OR FUNCTIONALITIES (COLLECTIVELY, THE “PLATFORM”), AS WELL AS ANY SERVICES PROVIDED ON OR THROUGH THE PLATFORM (“SERVICES”).
BY CLICKING TO ACCEPT AND/OR USING THE PLATFORM OR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL OF THE TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS THE PLATFORM, ANY SERVICES AVAILABLE THROUGH THE PLATFORM OR ANY INFORMATION CONTAINED ON THE PLATFORM.
NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH ROGUE REFINED. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
General Use:
By using this Platform, you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old (a “Minor”), that you are using the Platform with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to use the Platform and agree to its Terms. 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 harmless Rogue Refined if the Minor breaches any of these Terms. If you are not at least 13 years old, you may not use the Platform at any time or in any manner or submit any information to the Rogue Refined or the Platform.
Rogue Refined provides content through the Platform and through the Services that is copyrighted and/or trademarked work of Rogue Refined or Rogue Refined’s third-party licensors and suppliers or other users of the Platform (collectively, the “Materials”). Materials may include logos, graphics, video, images, software and other content.
Subject to the terms and conditions of these Terms, and your compliance with these Terms, Rogue Refined hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and to use this Platform solely for your personal use. Except for the foregoing license, you have no other rights in the Platform or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Platform or Materials in any manner.
If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials.
Using the Platform and the Services on the Platform.
You can simply view the Platform and not use any Services on the Platform. You need not register with Rogue Refined to simply visit and view the Platform.
Fees.
In consideration of any transactions made on the Platform, you will pay (or caused to be paid) us the transaction fees, payment transfer fees (if applicable), taxes (other than taxes on our net income) associated with the transaction and will not deduct any such amounts from the amounts paid to us. We are not responsible for determining, withholding, collecting, reporting, or remitting the taxes that apply to your transactions. All amounts owed hereunder will be paid in US Dollars. We reserve the right to change fees at any time, and do not provide price protection in the event of promotions or fee decreases.
Unless indicated otherwise on the Platform, you are solely responsible for paying all the fees set forth on the Platform. We will not advance nor fund any fees on your behalf, nor shall we be responsible should the fees paid are insufficient or excessive. We may suspend or terminate your access to our Services and the Platform if your payment is late and/or your offered payment method (e.g., credit card or PayPal account) cannot be processed.
We may make third party products or services available via the Platform or otherwise through the Services. Such third parties may charge fees for their services. We are not responsible for the fees charged by any such third parties.
Electronic Communications.
By using the Platform and/or the Services provided on or through the Platform, you consent to receiving electronic communications from Rogue Refined. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Platform and/or Services provided on or through the Platform. These electronic communications are part of your relationship with Rogue Refined. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Privacy Policy.
Please review Rogue Refined Privacy Policy, which is available at https://rogurefineddesign.com/privacy/ (the “Privacy Policy”) which explains how we use information that you submit to Rogue Refined.
Third-Party Content.
Certain Materials that are not Submissions (defined herein) may be provided by third-party licensors and service providers through the Service or Platform (“Third-Party Content”) where separate and additional terms govern the use of that Third-Party Content. We do not make any representations or warranties about the Third-Party Content accessible through the Service or Platform, and your access to and use of such Third-Party Content is at your own risk.
Third-Party Platforms.
This Platform may be linked to other websites that are not Rogue Refined sites, including, without limitation, social networking, blogging, and similar websites which you are able to access from this Platform from links using your existing account and log-in credentials for such third-party sites and websites that provide question-and-answer forum functionality (collectively, “Third-Party Platforms”). Certain areas of the Platform may allow you to interact and/or conduct transactions with such Third-Party Platforms, and, if applicable, allow you to configure your privacy settings in your Third-Party Platform account to permit your activities on this Platform to be shared with your contacts in your Third-Party Platform account and, in certain situations, you may be transferred to a Third-Party Platform through a link but it may appear that you are still on this Platform. In the event you make any sales transaction on the Third-Party Platform that is accessed through our Platform, Rogue Refined may be entitled to earn sales commissions from the third party in connection with such transaction. In any case, you acknowledge and agree that the Third-Party Platforms may have different privacy policies and terms and conditions and/or user guides and business practices than Rogue Refined, and you further acknowledge and agree that your use of such Third-Party Platforms is governed by the respective Third-Party Platform privacy policy and terms and conditions and/or user guides. You hereby agree to comply with any and all terms and conditions, users guides and privacy policies of any of Third-Party Platforms. Rogue Refined is providing links to the Third-Party Platforms to you as a convenience, and Rogue Refined does not verify, make any representations or take responsibility for such Third-Party Platforms, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third-Party Platforms. We are not responsible for any of the Third-Party Platforms or the products, services, or content available through any of them. Thus, we do not endorse or make any representations about such Third-Party Platforms, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the Third-Party Platforms linked to from this Platform, you do this entirely at your own risk and you must follow the privacy policies and terms and conditions for those Third-Party Platforms. YOU AGREE THAT ROGUE REFINED WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD-PARTY. Any reference on the Platform to any product, service, publication, institution, organization of any third-party entity or individual does not constitute or imply Rogue Refined’s endorsement or recommendation.
Submissions.
You are responsible for the information, opinions, messages, comments, photos, videos, graphics, sounds and other content or material that you submit, upload, post or otherwise make available on or through the Platform and through the Services available in connection with this Platform (each a “Submission”). You may not upload, post or otherwise make available on this Platform any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third-party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any Submission that you make. You have full responsibility for each Submission you make, including its legality, reliability and appropriateness.
Unless otherwise explicitly stated herein or in the Privacy Policy, you agree that any Submission provided by you in connection with this Platform is provided on a non-proprietary and non-confidential basis. You hereby grant to Rogue Refined a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute each of your Submissions, or any portion thereof, in any form, medium or distribution method now known or hereafter existing, known or developed, and authorize others to use the Submissions. We may modify or adapt your Submissions in order to transmit, display or distribute them over computer networks and in various media and/or make changes to the Submissions as necessary to conform and adapt them to any requirements or limitations of any networks, devices, services or media. Rogue Refined agrees to use any personally identifiable information contained in any of your Submissions in accordance with Rogue Refined’s Privacy Policy.
You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you to or through this Platform.
When you provide Submissions you agree that those Submissions shall not be in violation of the “Unauthorized Activities” paragraph below. THOSE PROHIBITIONS DO NOT REQUIRE ROGUE REFINED TO MONITOR, POLICE, OR REMOVE ANY SUBMISSIONS OR OTHER INFORMATION SUBMITTED BY YOU OR ANY OTHER USER.
Unauthorized Activities.
When using this Platform and/or the services, you agree not to:
• Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Use racially, ethnically, or otherwise offensive language.
• Discuss or incite illegal activity.
• Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
• Post anything that exploits children or minors or that depicts cruelty to animals.
• Post any copyrighted or trademarked materials without the express permission from the owner.
• Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation.
• Use any robot, spider, scraper or other automated means to access the Platform.
• Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
• Alter the opinions or comments posted by others on this Platform.
• Post anything clearly false or misleading.
• Post anything unrelated to our business, products or services.
• Post anything contrary to our public image, goodwill or reputation, provided that the foregoing will not apply to you if applicable law prohibits such limitations and restrictions.
This list of prohibitions provides examples and is not complete or exclusive. Rogue Refined reserves the right to (a) terminate your access to the Platform and/or Services, your ability to post to this Platform (or use the Services) and (b) refuse, delete or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that Rogue Refined determines is inappropriate or disruptive to this Platform or to any other user of this Platform and/or Services. ROGUE REFINED MAY REPORT TO LAW ENFORCEMENT AUTHORITIES ANY ACTIONS THAT MAY BE ILLEGAL, AND ANY REPORTS IT RECEIVES OF SUCH CONDUCT. WHEN LEGALLY REQUIRED OR AT ROGUE REFINED’S DISCRETION, ROGUE REFINED WILL COOPERATE WITH LAW ENFORCEMENT AGENCIES IN ANY INVESTIGATION OF ALLEGED ILLEGAL ACTIVITY ON THIS PLATFORM OR ON THE INTERNET.
Unauthorized use of any Materials or Third-Party Content contained on this Platform may violate certain laws and regulations.
You agree to indemnify and hold Rogue Refined and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) Rogue Refined or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third-party that your use of this Platform or the use of this Platform by any person using your user name and/or password (including without limitation, your participation in the posting areas or, your Submissions) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third-party.
Proprietary Rights.
Rogue Refined, the Rogue Refined logo, and any other product or service name or slogan on the Platform are trademarks of Rogue Refined and its affiliates, suppliers or licensors. You may not use any metatags or other “hidden text” utilizing “Rogue Refined” or any other name, trademark or product or service name of Rogue Refined or our affiliates, suppliers or licensors without our prior written permission.
Unless otherwise specified in these Terms, all information and screens appearing on this Platform, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Rogue Refined. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
Intellectual Property Infringement.
Rogue Refined respects the intellectual property rights of others, and we ask you to do the same. Rogue Refined may, in appropriate circumstances and at our discretion, terminate service and/or access to this Platform for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Platform, please provide Rogue Refined’s designated agent the following information:
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Platform, and information reasonably sufficient to permit Rogue Refined to locate the material.
• Information reasonably sufficient to permit Rogue Refined to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Rogue Refined’s agent for notice of claims of copyright or trademark infringement on this Platform can be reached as follows:
Attn:
CC:
Email:
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Submitting a DMCA Counter-Notification
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to Rogue Refined designated agent that includes all of the following information:
1. Your physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Rogue Refined may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Termination of Repeat Infringers
Rogue Refined reserves the right, in its sole discretion, to terminate the access of any user of our website and/or service who is the subject or repeated DMCA or other infringement notifications.
Disclaimer.
Your use of this Platform and/or the Services is at your own risk. The Materials have not been verified or authenticated in whole or in part by Rogue Refined, and they may include inaccuracies or typographical or other errors. Rogue Refined does not warrant the accuracy of timeliness of the Materials contained on this Platform. Rogue Refined has no liability for any errors or omissions in the Materials, whether provided by Rogue Refined, our licensors or suppliers or other users.
ANY WARRANTIES MADE BY ROGUE REFINED ARE FOR THE BENEFIT OF THE USER OF THE WEBSITE ONLY AND NOT FOR THE BENEFIT OF ANY THIRD PARTY. ANY MATERIALS PROVIDED THROUGH THE PLATFORM ARE LICENSED AND NOT SOLD. ROGUE REFINED, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE PLATFORM, THE SERVICES, OR ANY MATERIALS RELATING TO THE QUALITY, SUITABILITY, OPERABILITY, CONDITION, SYSTEM INTEGRATION, NON-INTERFERENCE, WORKMANSHIP, TRUTH, ACCURACY (OF DATA OR ANY OTHER INFORMATION OR CONTENT), ABSENCE OF DEFECTS, WHETHER LATENT OR PATENT, OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM, THE SERVICES, AND MATERIALS, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE PLATFORM IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. ROGUE REFINED DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY ACCESS TO OR USE OF THE PLATFORM, SERVICES, MATERIALS, OR THIRD-PARTY CONTENT INCLUDING BUT NOT LIMITED TO ANY LOSS, DAMAGE OR CLAIM ARISING FROM: (I) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (II) SERVER FAILURE OR DATA LOSS; OR (III) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE PLATFORM. ANY WARRANTIES MADE BY US ARE FOR THE BENEFIT OF THE USER OF THE PLATFORM ONLY AND NOT FOR THE BENEFIT OF ANY THIRD PARTY.
Indemnity.
To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Rogue Refined and its subsidiaries and affiliates, and each of their respective officers, directors, employees, affiliates, agents, licensors, and service providers, and subcontractors (collectively, the “Rogue Refined Parties”) from and against any and all losses, liabilities, claims, demands, damages, expenses or costs (including attorneys’ fees and costs of defense) (“Claims”) arising out of or in connection with:
• Your access to or use of our Services or Platform;
• Your Feedback;
• Your violation of these Terms;
• Your violation, misappropriation or infringement of any intellectual property, privacy, or other rights of another user;
• Your violation of any applicable law or regulation; or
• Your conduct in connection with our Services.
You will cooperate with the Rogue Refined Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys' fees). Rogue Refined Parties will have control of the defense or settlement, at Rogue Refined’s sole option, of any third-party Claims.
Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ROGUE REFINED PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, BUSINESS, PROFITS, GOODWILL, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES OR PLATFORM, OR ANY AND ALL MATERIALS, WHETHER CAUSED BY STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, AND EVEN IF ROGUE REFINED KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF ROGUE REFINED PARTIES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES OR PLATFORM, OR ANY AND ALL MATERIALS EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT RECEIVED BY ROGUE REFINED FOR ITS SERVICES DIRECTLY RELATING TO THE ITEMS THAT ARE THE SUBJECT OF THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Termination.
If you breach any of the provisions of these Terms, all licenses granted by ROGUE REFINED will terminate automatically. Additionally, notwithstanding anything contained in these Terms, in its sole discretion, without prior notice, and without any liability to you, ROGUE REFINED may temporarily or permanently, suspend, restrict, or terminate access to any or all of Services at any time and for any or no reason. You acknowledge and agree that ROGUE REFINED shall have no liability or obligation to you in such event. ROGUE REFINED is under no obligations to disclose its reason for any termination or suspension of the Service for you or generally.
Local Laws; Export Control.
If you use this Platform outside the United States of America, you are responsible for following applicable local laws including export control regulations.
Feedback.
If you send or transmit any communications, comments, questions, suggestions, or related materials to ROGUE REFINED, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Platform, any Services offered through the Platform or Materials, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. Except as prohibited by applicable law, you hereby assign all right, title, and interest in, and ROGUE REFINED is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. Where the foregoing assignment is prohibited by law, you hereby grant Us an exclusive, transferable, worldwide, royalty-free, fully paid up license (including the right to sublicense) to use and exploit all Feedback as We may determine in our sole discretion. Notwithstanding the foregoing, you understand and agree that ROGUE REFINED is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
Dispute Resolution and Arbitration; Class Action Waiver.
Please read the following (this “Provision”) carefully. It affects your rights.
Most customer concerns can be resolved quickly and to a customer’s satisfaction by contacting us at orders@eye-swoon.com This Provision facilitates the prompt and efficient resolution of any disputes that may arise between you and ROGUE REFINED. Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision. You have the right to opt-out of this Provision (as explained below), which means you would retain your right to litigate your disputes in a court, either before a judge or jury.
Please read this Provision carefully. It provides that all Disputes between you and ROGUE REFINED shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into these Terms constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow these Terms and can award the same damages and relief as a court (including attorney’s fees).
For the purpose of this Provision, “ROGUE REFINED” means ROGUE REFINED and its parents, subsidiary, and affiliate companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and ROGUE REFINED regarding, arising out of or relating to any aspect of your relationship with ROGUE REFINED, 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 cause of action or claim for relief, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced, and shall include any claims against other parties relating to services or products provided or billed to you (such as ROGUE REFINED’s licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.
WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
Pre-Arbitration Claim Resolution
For all Disputes, whether pursued in court or arbitration, you must first give ROGUE REFINED an opportunity to resolve the Dispute. You must commence this process by mailing written notification to ROGUE REFINED, [Answer #10]. That written notification must include (1) your name, (2) your address, (3) a written description of your Claim, and (4) a description of the specific relief you seek. If ROGUE REFINED does not resolve the Dispute within 45 days after it receives your written notification, 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, you or ROGUE REFINED may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be initiated in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THESE TERMS (the “Opt-Out Deadline”). You may opt out of this Provision by mailing written notification to ROGUE REFINED, [Answer #10]. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with ROGUE REFINED through arbitration. Your decision to opt-out of this Arbitration Provision will have no adverse effect on your relationship with ROGUE REFINED. 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.
Arbitration Procedures
If this Provision applies and the Dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or ROGUE REFINED may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration only, and shall in no event be commenced as a class arbitration or a consolidated or representative action or 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. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action or representative action procedures or rules apply to the arbitration.
Because the Platform and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
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 or if required by applicable law. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA or other applicable law, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration – The arbitration will take place in Phoenix, AZ in English language.
Payment of Arbitration Fees and Costs – ROGUE REFINED will not arbitration filing fees and/or AAA or JAMS hearing fees or any arbitrator's hearing fees, costs or expenses. You are responsible for all fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with ROGUE REFINED 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, representative action, or private attorney general action) unless both you and ROGUE REFINED specifically agree to do so in writing 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 Platform 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.
Jury Waiver
You understand and agree that by entering into these Terms you and ROGUE REFINED are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and ROGUE REFINED might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.
Severability
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, and the remainder of this Provision 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.
Continuation
This Provision shall survive the termination of your service with ROGUE REFINED or its affiliates. Notwithstanding any provision in these Terms to the contrary, we agree that if ROGUE REFINED makes any change to this Provision (other than a change to the Notice Address), you may reject any such change and require ROGUE REFINED to adhere to the present language in this Provision if a dispute between us arises.
Language.
The Parties hereto have expressly required that these Terms and all documents and notices relating thereto be drafted in the English language.
General.
ROGUE REFINED prefers to advise you if we feel you are not complying with these Terms and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by ROGUE REFINED, may result in immediate termination of your access to this Platform without prior notice to you. The Federal Arbitration Act, the laws of the State of Arizona, and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. The United Nations on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to these Terms. Except for Disputes subject to arbitration as described above, any disputes relating to these Terms or this Platform will be heard in the courts located in Maricopa County in the State of Arizona. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. ROGUE REFINED’s failure to enforce any of these Terms is not a waiver of such term. Except as expressly stated otherwise, these Terms are the entire agreement between you and ROGUE REFINED and supersede all prior or contemporaneous negotiations, discussions or agreements between you and ROGUE REFINED about this Platform. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
Changes.
ROGUE REFINED may make changes to the content and Services offered on the Platform at any time. ROGUE REFINED can change, update, or add or remove provisions of these Terms, at any time by posting the updated Terms on this Platform. By using this Platform after ROGUE REFINED has updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using the Platform.
Contact Us.
If you have any questions about these Terms or otherwise need to contact ROGUE REFINED for any reason, you can reach us at roguerefined@gmail.com.