Terms of Use

Welcome to the Railing Dynamics, Inc. website (this “Site”).  By using this Site, you accept these Terms of Use.  Please read them carefully.  You should review these Terms of Use regularly as they may change at any time in the sole discretion of Railing Dynamics, Inc.  If you do not agree to any portion of these Terms of Use, you should not access or otherwise use this Site.

COPYRIGHT

All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property of Railing Dynamics, Inc. or its content suppliers and is protected by United States and international copyright laws.  All software used on this Site is the property of Railing Dynamics, Inc. or its software suppliers and is protected by United States and international copyright laws. 

CONVENIENCE AND INFORMATION ONLY 

This Site is provided to you without charge as a convenience and for your information only.  By merely providing access to this Site, Railing Dynamics, Inc. does not warrant or represent that:  (a) the content is accurate or complete; (b) the content is up-to-date or current; (c) Railing Dynamics, Inc. has any obligation to update any content; (d) the content is free from technical inaccuracies or typographical errors; (e) the content is free from changes caused by a third party; (f) your access to this Site will be free from any interruption, error, computer virus or other harmful component; or (g) any information obtained in response to questions asked through this Site is accurate or complete. 

LICENSE AND SITE ACCESS

Railing Dynamics, Inc. grants you a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Railing Dynamics, Inc. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robot or similar data-gathering or extraction tool.  Neither this Site nor any portion of this Site may be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without express written consent of Railing Dynamics, Inc.  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 Railing Dynamics, Inc. or any of our affiliates without express written consent.  You may not use any meta tags or any other “hidden text” utilizing any name or trademark of the Railing Dynamics, Inc. without the express written consent of Railing Dynamics, Inc.  Any unauthorized use terminates the permission or license granted by Railing Dynamics, Inc.  You are granted a limited, revocable and nonexclusive right to create a hyperlink to the home page of Railing Dynamics, Inc. so long as the link does not portray Railing Dynamics, Inc., its affiliates or any of their respective products or services in a false, misleading, derogatory or otherwise offensive manner.  You may not use any Railing Dynamics, Inc. logo or other proprietary graphic or trademark as part of the link without express written permission.

REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT

Visitors may post reviews, comments and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to any third party or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity or otherwise mislead anyone as to the origin of a card or other content.  Railing Dynamics, Inc. reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Railing Dynamics, Inc. and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully transferable and sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content throughout the world in any media. You also grant Railing Dynamics, Inc. and its affiliates and their transferees and sublicensees the right to use the name that you submit in connection with such content, if they choose.  You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content that you supply does not violate these Terms of Use and will not cause injury to any person or entity; and that you will indemnify, defend and hold harmless Railing Dynamics, Inc., its affiliates and their respective transferees and sublicensees from and against all losses, liabilities, costs, expenses (including but not limited to attorneys’ fees and costs), damages of any kind, suits, actions, proceedings, judgments, demands and claims whatsoever resulting directly or indirectly from or relating to any content that you supply or any use thereof described above.  Railing Dynamics, Inc. has the right (but not the obligation) to monitor and edit or remove any activity or content.  Railing Dynamics, Inc. does not assume any—and hereby expressly disclaims all—responsibility and liability for any content posted by you or any third party.

ELECTRONIC COMMUNICATIONS

When you visit this Site or send any e-mail to us, you are communicating with us electronically. You consent to receive communications from us electronically.  We will communicate with you by e-mail or by posting notices on this Site.  You acknowledge and agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

PRODUCT DESCRIPTIONS

Railing Dynamics, Inc. and its affiliates attempt to be as accurate as possible in product descriptions and other content contained on this Site.  However, Railing Dynamics, Inc. does not warrant that product descriptions or other content on this Site is accurate, complete, reliable, current or error-free.  If a product offered by Railing Dynamics, Inc. itself is not as described, your sole remedy is to return it in unused condition for a full refund to the seller, subject to the terms and conditions of sale.

PRICING

Although Railing Dynamics, Inc. may provide price quotes when requested through this Site, all prices are subject to change, due to material price increases, etc.  Railing Dynamics, Inc. will use commercially reasonable efforts to inform you that pricing has changed from the time of your request for a quote to the time that you place an order.  In accordance with industry standards, Railing Dynamics, Inc. may ship +/- 10% of the amount of an order placed unless specified at time of order.

RISK OF LOSS

All items purchased from Railing Dynamics, Inc. are made pursuant to a shipment contract.  This means that the risk of loss and title for such items passes to you upon our delivery to the carrier, unless otherwise agreed in writing by Railing Dynamics, Inc.

PRODUCT RETURNS

All items purchased from Railing Dynamics, Inc. are subject to a product warranty provided by Railing Dynamics, Inc.  It is your responsibility to receive and understand the warranty terms and conditions before you commit to purchase any product.  If a product does not meet the applicable specifications upon arrival or is not exactly what you ordered, you must inform your sales contact immediately and comply fully and timely with Railing Dynamics, Inc. procedures for warranty claims in order to invoke your rights under the Railing Dynamics, Inc. warranty.  Railing Dynamics, Inc. need not accept returned merchandise or provide any warranty coverage if the Railing Dynamics, Inc. warranty claims procedures are not followed fully and timely.  Railing Dynamics, Inc. may impose additional charges if returned products are not damaged or defective.  All products returned to Railing Dynamics, Inc. become the property of Railing Dynamics, Inc.

FRAUD

Railing Dynamics, Inc. reserves the right to refuse any order and may flag an order if fraud is suspected.  Further, Railing Dynamics, Inc. reserves the right to prosecute any fraudulent order to the fullest extent of the law.

OTHER BUSINESSES

From time to time Railing Dynamics, Inc. may permit third parties to operate stores, provide services or sell products on this Site.  In addition, Railing Dynamics, Inc. may provide links to the sites of affiliated companies and other businesses. Railing Dynamics, Inc. is responsible for examining or evaluating, and does not warrant the offerings of, any of these businesses or individuals or the content of their websites.  Railing Dynamics, Inc. does not assume any—and hereby expressly disclaims all—responsibility and liability for the actions, products and/or content of any or all of these or any other third parties.  Railing Dynamics, Inc. encourages you to review carefully the privacy policies and statements and the terms and conditions of use of those sites.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE IS PROVIDED BY RAILING DYNAMICS, INC. ON AN “AS IS” AND “AS AVAILABLE” BASIS.  RAILING DYNAMICS, INC. MAKES NO REPRESENTATIONS OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR ANY OF THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE.  YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, RAILING DYNAMICS, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  RAILING DYNAMICS, INC. DOES NOT WARRANT THAT THIS SITE, ITS SERVERS OR E-MAIL SENT FROM RAILING DYNAMICS, INC. ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

UNDER NO CIRCUMSTANCES SHALL RAILING DYNAMICS, INC. BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOST DATA, LOST SAVINGS OR LOST OPPORTUNITY, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, MISREPRESENTATION, TORT, PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER RAILING DYNAMICS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

UNDER NO CIRCUMSTANCES SHALL RAILING DYNAMICS, INC. BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL AND/OR CONSEQUENTIAL DAMAGES OR ANY DEATH, BODILY HARM, PROPERTY DAMAGE OR OTHER INJURY, REGARDLESS OF WHETHER RAILING DYNAMICS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CERTAIN STATE LAWS 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.

INDEMNIFICATION 

You agree to indemnify, defend and hold harmless Railing Dynamics, Inc. and its affiliates and all of their respective directors, managers, officers, employees and agents from and against any and all losses, liabilities, costs, expenses (including but not limited to attorneys’ fees and costs), damages of any kind, suits, actions, proceedings, judgments, demands and claims whatsoever resulting directly or indirectly from or relating to:  (a) your failure to comply with these Terms of Use; (b) your breach of your obligations under these Terms of Use; and/or (c) your use of the rights granted hereunder, including, but not limited to, any claims made by any third parties. 

PRIVACY

Personal data that you provide will be handled in accordance with Railing Dynamics, Inc.’s Privacy Policy [http://www.rdirail.com/privacy-policy], as the Privacy Policy may be changed from time to time by Railing Dynamics, Inc. without any notice other than posting the revised Privacy Policy on this Site.  Children under the age of thirteen (13) are prohibited from submitting any personally identifiable information. 

LOCAL LAWS

Railing Dynamics, Inc. makes no representation that content or materials on this Site are appropriate or available for use in jurisdictions outside the United States.  Access to this Site from jurisdictions where such access is illegal is prohibited.  If you choose to access this Site from other jurisdictions, you do so on your own initiative and are responsible for compliance with all applicable local laws.  Railing Dynamics, Inc. is not responsible for any violation of law. You may not use or export the content or materials on this Site in violation of U.S. export laws and regulations.  These Terms of Use shall be governed by and construed and enforced in accordance with the laws of the State of New Jersey, United States of America, without reference to conflict of laws principles. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States). 

TERMINATION OF SERVICE 

Railing Dynamics, Inc. may terminate your right to access secured portions of this Site at any time, without notice, for conduct that it believes violates these Terms of Use and/or is harmful to other users of this Site, to Railing Dynamics, Inc., to the business of this Site’s Internet service provider or to other information providers.

APPLICABLE LAW

By visiting this Site, you agree that the laws of the State of New Jersey, United States of America, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Railing Dynamics, Inc. or its affiliates.

DISPUTES

Any dispute or controversy relating in any way to your visit to or use of this Site, to any products you purchase through this Site or to the applicability or enforceability of any of these Terms of Use shall be submitted to confidential arbitration in Egg Harbor Township, New Jersey, United States of America.  Arbitration under these Terms of Use shall be conducted under the commercial rules then prevailing of the American Arbitration Association.  The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.  Any appeal of the arbitrator’s award, to the extent permitted despite the preceding sentence, must be filed in the federal or state courts of competent subject matter jurisdiction in the State of New Jersey, United States, and you hereby consent to personal jurisdiction and the venue of any such court.  To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.  Notwithstanding the foregoing, nothing shall limit or otherwise affect the right of Railing Dynamics, Inc. to assert any claim or pursue any remedy in any court, jurisdiction or other forum whatsoever.

NO OTHER AGREEMENT OR UNDERSTANDING

You acknowledge and agree that there is no prior or contemporaneous agreement, commitment, representation, warranty, guaranty or understanding of any kind, oral or written, express or implied, relating in any way to this Site, its contents or your use of this Site, other than as expressly set forth in these Terms of Use.  In the event of a conflict between these Terms of Use and any other agreement, commitment, representation, warranty, guaranty or understanding of any kind, these Terms of Use shall control.

MODIFICATION AND SEVERABILITY

Railing Dynamics, Inc. reserves the right to make changes to its policies, this Site and these Terms of Use at any time.  If any provision of these Terms of Use shall be deemed invalid, void or for any reason unenforceable, such provision shall be deemed severable and shall not affect the validity and enforceability of any of the remaining Terms of Use, and such provision shall be modified to the minimum extent necessary to render such provision valid, binding and enforceable as so modified to the fullest extent permitted by applicable law. 

Your Consent To These Terms of Use

By accessing and using this Site, you consent to and agree to be bound by the foregoing Terms of Use. If Railing Dynamics, Inc. decides to change these Terms of Use, we will make an effort to post those changes on this web page so that you will always be able to understand the Terms of Use that apply to your use of this Site.

If you have additional questions or comments of any kind, please let us know by e-mail [info@rdirail.com] or by sending your comments to:

Railing Dynamics, Inc.
135 Steelmanville Road
Egg Harbor Township, NJ 08234
Attn: Customer Care – Website Issues
(877) 420-7245
info@rdirail.com

Copyright © 2010 Railing Dynamics, Inc. All Rights Reserved.

EFFECTIVE AS OF: APRIL 1, 2010
LAST UPDATED: APRIL 1, 2010