Terms and Conditions
Please read these terms and conditions ("terms", "terms and conditions") carefully before using www.jodyflurie.com Website (the "Website") operated by Red Dirt Recollective, LLC ("Us", 'We", "Our").
Conditions of Use
We will provide services to you, which are subject to the conditions stated below in this document. Every time you visit this Website, use its services or make a purchase, you accept the following conditions. Please review these carefully.
Privacy Policy
Before you continue using Our Website we advise you to read Our privacy policy which is on the bottom of this page regarding Our user data collection. It will help you better understand Our practices.
Personal Information
While We never intend to collect detailed personal information solely from your access to Our Website, We recognize that in some states, the information we receive may be considered that of a personal nature. We will not sell, or otherwise transfer or use any information we receive.
Intellectual Property
Content published on this Website, including digital downloads, images, texts, blogs, graphics, logos is the property of The Red Dirt Recollective, LLC and/or its content creators and protected by copyright laws, both internationally and nationally in the United States of America. The entire compilation of the content found on this Website is the exclusive property of The Red Dirt Recollective, LLC.
We also reserve the right to Trademark all content included on our Website in the event that a Trademark is applicable. Use of our information on this Website shall serve as a notice of our intent to trademark as applicable to the marks on our Website.
Communications
The entire communication with Us is electronic. Every time you send Us an email or visit Our Website, you are going to be communicating with Us. You hereby consent to receive communications from Us. If you subscribe to any newsletter either on Our Website, or elsewhere, you are going to receive regular emails from us. We will continue to communicate with you by posting news and notices on Our Website and by sending you emails. You also agree that all notices, disclosures, agreements and other communications we provide to you electronically meet the legal requirements that such communications be in writing.
Comments, Reviews, and Emails
Visitors may have the ability to post content as long as it is not obscene, illegal, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or injurious in any other way to third parties. Content has to be free of software viruses, political campaign, and commercial solicitation. Such determination of what is appropriate is at the sole discretion of The Red Dirt Recollective, LLC. By posting any content on our Website, you warrant and represent that your content complies with these Terms, and that you own the right to post such content.
We reserve all rights (but not the obligation) to remove and/or edit such content. When you post your content, you grant Us a non-exclusive, royalty-free and irrevocable right to use, reproduce, publish, modify such content throughout the world in any media. Such reproduction, publication and modification of content may include comments made by you, and attributes of your information, including your picture, name or other relevant information that We determine is important for our process.
License and Site Access
We grant you a limited license to access and make personal use of this Website. You are not allowed to download, modify, reproduce or copy this Website or any content from it, including blogs and images. This may be done only with written consent from us. Consent may be withheld or granted by us in our sole discretion. Further, you must not hack or otherwise tamper with our website, scan or test any part of our Website, circumvent any security system or do anything that interferes with the normal use of our Website.
User Account
If you are an owner of an account on this Website, you are solely responsible for maintaining the confidentiality of your private user details (username and password). You are responsible for all activities that occur under your account or password.
We reserve all rights to terminate accounts, edit or remove content and cancel orders in their sole discretion.
Limited Warranties
We do not warrant or represent the completeness or accuracy of the information published on our website, including that that material is up to date, that the Website will operate without fault or that the Website or any service on the Website is available.
We reserve the right to alter any or all of our services, our content or this Website without notice or explanation. In no way will you be entitled to any compensation or payment upon these changes or for any other reason under these Terms. We expressly disclaim all other warranties, either implied or expressed, as related to our Website and services provided therein.
Payment and Services provided
Payment is made to the Red Dirt Recollective, LLC either online, or as otherwise requested by Us. Typically, a non-refundable deposit is required for all services and remainder of payment is due 30 days after delivery. Such details about this deposit and applicable payment will be provided to you when you purchase a service.
Remedies
The Red Dirt Collective, LLC shall have all remedies available to Us by law for the breach of any terms herein. Such remedies may include, but is not limited to, the use of a collection agency, attorney, damages, injunctions, cease and desist actions as well as court proceedings.
Indemnity
You will indemnify and defend Us against all claims, liability, damages, costs and expenses, including legal fees, arising out of a breach of these Terms and Conditions or any use of the Website.
Applicable Law
By visiting this Website, you agree that the laws of the state of Pennsylvania without regard to principles of conflict laws, will govern these terms and conditions, or any dispute of any sort that might come between The Red Dirt Recollective, LLC and you, your heirs, assignees, estate, business partner or other person bringing a claim by you or on your behalf.
Disputes
Any dispute related in any way to your visit to this Website or to products you purchase from us shall be arbitrated by state courts in York County, Pennsylvania. You consent to such jurisdiction and venue, and waive any claim to venue, personal jurisdiction, or other claim to civil procedure available to you.
Attorney Fees
In the event that We must pursue action against you under these Terms, We reserve the right to be compensated for all Attorney Fees, and collection fees, associated with the enforcement of these Terms.
Assignment
You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Third party rights
A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
Entire agreement
These Terms and Conditions, together with our privacy policy, and any other website policy we draft, shall constitute the entire agreement between you and us in relation to your use of our Website and shall supersede all previous agreements between you and Us.