Terms

1. General

We at Rathbun Sargent (“Rathbun Sargent” or “we”) welcome you to the rathbunsargent.com website. Please review the following Terms of Use (“Terms”) governing your use of our website. Please note that your use of our website constitutes your agreement to follow and be bound by these Terms. We may modify these Terms or other policies set forth on the website from time to time. When we modify these Terms, we will update the “Last Updated Date” at the bottom. It is your responsibility to regularly review these Terms. Your use of the Site following the posting of an updated Terms constitutes your acceptance of such updated Terms. The information provided by our website is intended solely for informational purposes and is not intended to be used for purposes of medical or nutritional advice. Information on our website should not be used in place of consultation with an attorney.

2. License to use site

We grant you a personal, limited, non-exclusive and revocable license to access and make personal use of our website. You may not download (other than page caching) or modify any content from our website without the express written permission of Rathbun Sargent. This license does not include the right to any resale or commercial use of any content on this website; any derivative use of the website or its contents; any downloading or copying of information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. No portion of our website may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information of Rathbun Sargent (including images, text, page layout, or form) without our express written consent. You may not use any meta tags, meta names or any other “hidden text” that uses our name or trademarks without our express written consent. Any unauthorized use of our website will terminate the license.

3. Emails

When you visit rathbunsargent.com or send emails to us, you are communicating with us electronically, and you consent to receive communications from us electronically. We will communicate with you by email, a general notice posted on the Site, or by courier or US mail sent to the mailing address we have for you in our records. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that those communications be in writing.

4. Copyright protection

All content included on our website, such as text, graphics, logos, button icons, images, video clips, audio clips, digital downloads, data compilations, and software, belongs to us or our content suppliers and is protected by United States and international copyright laws. The compilation (meaning the selection, coordination and arrangement) of all content on our website is also our exclusive property and is protected by United States and international copyright laws. You may use the content on our website as an information resource. Any other use, including any reproduction, modification, distribution, transmission, republication, display or performance of our website content for commercial purposes, is strictly prohibited. We maintain a copyright piracy surveillance program and we vigorously enforce our ownership rights in our website content. Our website as a whole is protected by copyright.

5. User reviews and testimonials

We are free to use and disclose all reviews or testimonials you send to us or post directly online. Except for information subject to our Privacy Policy that identifies you personally, no communications you send us or post online concerning our services, products or the content of our website will be treated as confidential. We may reproduce, use, disclose and distribute such communications freely, and without limitation or obligation. While we generally will display reviews in their original form, we retain the right, in our sole discretion, to edit those reviews by shortening them.

6. Links to other websites and services

For your convenience, our website may provide links to third party websites. We do not assume any responsibility for the (a) content of, (b) technology implemented by, or (c) privacy practices of these sites. You use those third party sites at your own risk. You should review each site’s privacy policy and terms of use before you use or register on the site. Just because a link to a third-party site is available on our website does not mean we endorse that site. Because we do not control the availability or content of third-party sites any concerns regarding any such website, service or resource; any link to that site; or the treatment of your personal information should be directed to the particular site.

SEE SECTION 13 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 6.

7. Disclaimer of warranties and limitation of liability

OUR WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR WEBSITE OR ITS INFORMATION, CONTENT, MATERIALS, OR PRODUCTS. YOU EXPRESSLY AGREE THAT YOU USE THIS SITE AT YOUR OWN RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO OUR WEBSITE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THIS SITE, ITS SERVERS, OR THE EMAIL WE SEND ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF OUR WEBSITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH OUR WEBSITE, OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH OUR WEBSITE. IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR WEBSITE, THE INFORMATION ON OUR WEBSITE, THE DELAY OR INABILITY TO USE OUR WEBSITE OR OTHERWISE ARISING IN CONNECTION WITH OUR WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY (INCLUDING THE LIABILITY OF OUR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, SUPPLIERS AND SERVICE PROVIDERS) FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED $100.

SEE SECTION 13 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 7.

8. Governing law; disputes

These terms shall be governed by and construed in accordance with the laws of the state of California, United States of America, without giving effect to any principles of conflicts of law. Subject to the Arbitration provision set forth in Section 13, you hereby consent and submit to the personal jurisdiction in the state courts located in California and the federal courts located in California. If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. Any waiver of any provision of these terms must be in writing signed by an authorized representative of Rathbun Sargent to be valid. A waiver of any provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of the same provision in the future. This is the entire agreement between us relating to the subject matter herein and shall not be modified except as noted herein.

IF YOU ARE A CONSUMER, HOWEVER, THIS PROVISION SHALL NOT BE CONSTRUED TO LIMIT YOUR RIGHTS UNDER CONSUMER PROTECTION LAWS OF YOUR STATE OF RESIDENCE AS SET FORTH IN SECTION 13.

9. Termination

This Agreement is effective unless and until terminated by either you or us. You may terminate this Agreement at any time provided that you discontinue any further use of our website. We also may terminate this Agreement at any time, and may deny you access to our website if in our sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or us, you must promptly destroy all materials downloaded or otherwise obtained from our website, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.

10. Privacy

We respect the privacy of our customers. Please read our Privacy Policy which is designed to help you understand the ways in which we collect, use, disclose and otherwise manage the personal information you provide to us.

11. Dispute resolution; informal resolution and formal resolution by arbitration/class action waiver

In order to expedite and control the cost of disputes, you and Rathbun Sargent agree that any legal or equitable claim relating to use of this Site or the purchase of any Rathbun Sargent product from this Site (referred to as a “Claim”) will be resolved as follows:

INFORMAL RESOLUTION:

You and Rathbun Sargent will first attempt to resolve any Claim informally. In the event that any dispute between Rathbun Sargent and you arises out of or relates to these Terms, the applicability of these Terms to the use of any Rathbun Sargent Site, or purchase of any Rathbun Sargent products from this Site, or to breach or enforcement, interpretation or validity of these Terms, you and we agree to try to promptly resolve any such dispute informally. Please send a written notice describing the dispute to info@rathbunsargent.com

FORMAL RESOLUTION BY ARBITRATION/CLASS ACTION WAIVER:

READ THE FOLLOWING ARBITRATION PROVISION CAREFULLY, IT LIMITS YOUR RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION. You agree that any dispute, controversy or Claim arising out of or relating to these Terms, the applicability of these Terms as to the use of any Rathbun Sargent Site, or the purchase of any Rathbun Sargent products from this Site, or to breach or enforcement, interpretation or validity of these Terms, or the determination of the scope or applicability of Arbitration shall be governed solely by the Federal Arbitration Act.

If you and Rathbun Sargent cannot resolve a Claim informally, any Claim asserted by either party will be resolved only by binding Arbitration. By agreeing to Arbitration, both you and Rathbun Sargent understand and agree that all disputes shall be decided by an arbitrator and that you are waiving your rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle disputes. Instead of suing in court, both you and Rathbun Sargent each agree to settle disputes (except certain small claims) only by Arbitration. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL. The rules in Arbitration are different. There is no judge or jury, and review is limited, but an arbitrator can award the same damages and relief, and must honor the same limitations stated in these Terms as a court would.

The Arbitration will be conducted under the JAMS Streamlined Arbitration Rules & Procedures (referred to as the “JAMS Rules”) and under the rules set forth in these Terms. If there is a conflict between JAMS Rules and the rules set forth in these Terms, the rules set forth in these Terms will govern. You may, in Arbitration, seek any and all remedies otherwise available to you pursuant to the law of the governing state. If you decide to initiate Arbitration, Rathbun Sargent agrees to pay the Arbitration initiation fee and any additional required deposit required by JAMS to initiate your Arbitration. You and Rathbun Sargent agree to pay the costs of the Arbitration proceeding provided however that if you are a consumer you shall not be required to pay more than $250.00 of the fees or such amount as the JAMS Rules may later prescribe. All other fees, such as attorneys’ fees and expenses of travel to the Arbitration, will be paid in accordance with JAMS Rules. The Arbitration will be held at a location in your home town area if possible, unless you and Rathbun Sargent both agree to another location or telephonic Arbitration. To initiate Arbitration, you or Rathbun Sargent must do the following things:

(1) Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.

(2) Send three copies of the Demand for Arbitration, plus the appropriate filing fee to: JAMS, 555 West Fifth Street, Gas Company Tower, 32nd Floor,Los Angeles, CA 90013.

(3) Send one copy of the Demand for Arbitration to the other party.

Special Rules in the Arbitration Proceeding. (i) The arbitrator has no authority to make errors of law and any award may be challenged if the arbitrator does so. Otherwise, the arbitrator’s decision is final and binding on all parties and may be enforced in any Federal or State court that has jurisdiction. (ii) Neither you nor Rathbun Sargent shall be entitled to join or consolidate claims in Arbitration by or against other individuals or entities, or arbitrate any claim as a representative member of a class or in a private attorney general capacity. THIS MEANS THAT YOU WAIVE YOUR RIGHT TO INITIATE OR PARTICIPATE IN ANY CLASS OR CONSOLIDATED ACTION WHATSOEVER. Accordingly, you and Rathbun Sargent agree that the JAMS Class Action Procedures do not apply to our Arbitration. A court may sever any portion of this dispute resolution provision if it finds such unenforceable, except for the prohibition on class, representative and private attorney general arbitrations. Notwithstanding the obligation to arbitrate all Claims under these Terms, you may assert an individual Claim in small claims court in lieu of Arbitration.

12. Limited time to file claims

You agree that you will assert any Claim arising out of your use of any Rathbun Sargent Site or the purchase of any Rathbun Sargent product from this Site within one (1) year after the Claim arises, or such Claim will be barred.

SEE SECTION 13 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 12.

13. Exclusions and limitations; consumer protection notice

If you are a consumer, the provisions in these Terms are intended to be only as broad and inclusive as is permitted by the laws of your State of residence. If you are a New Jersey consumer, the terms of Sections 6, 7, 8, and 12 do not limit or waive your rights as a consumer under New Jersey law and the provisions in these Terms are intended to be only as broad and inclusive as is permitted by the laws of the State of New Jersey. In any event, Rathbun Sargent reserves all rights, defenses and permissible limitations under the law of your State of residence. Notwithstanding the foregoing, nothing in this Section shall modify Subsection 16(B) (“Formal Resolution by Arbitration/Class Action Waiver”).

14. Contact information

Rathbun Sargent
5757 W. Century Blvd., Suite 557
Los Angeles, CA 90045
310.342.0111