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Terms of Service
Last Updated January 23, 2025
THE SECTION BELOW ENTITLED “DISPUTE RESOLUTION” HAS A MANDATORY ARBITRATION PROVISION. IT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT.
Welcome to our website, which is owned and operated by Renfro LLC d/b/a Renfro Brands (“Renfro,” “we,” “us,” or “our”). These Terms of Use (“Terms”) govern the websites owned and administered by us, namely LoopsandWales.com and Renfro.com (collectively, the “Sites”), and all content, information features, functionality, and offers made available through the Sites (the “Online Services”).
PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING AND USING THE SITES AND ONLINE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU SHOULD NOT VISIT THE SITES OR USE THE ONLINE SERVICES.
We use Shopify’s online e-commerce platform to sell our products to you on our Sites. Accordingly, Shopify is a third-party service provider of our Sites and Online Services.
1. MODIFICATIONS
We may update, change, modify, or revise these Terms at any time and for any reason. Any changes will become effective upon posting to the Sites, as indicated by the “Last Updated” heading at the top of these Terms. Your continued access to and/or use of the Sites and Online Services after any such modifications constitutes your acceptance of the Terms as modified. It is your responsibility to review the Terms regularly for updates. Please contact us as provided in the Contact Us section below if you would like information regarding any modifications. If any modifications to these Terms are held to be invalid, void, or unenforceable for any reason, such modifications shall be deemed severable and shall not affect the validity and enforceability of these Terms and the remaining provision.
2. PERMISSION TO USE THE SITE
A. The Sites are intended for use by customers residing in the United States. To place an order for products from our Sites, you must be at least 18 years of age or older. We will not ship merchandise outside the United States or to anyone who we know or reasonably believe to be under the age of 18. Subject to these restrictions, you are granted a non-exclusive, non-transferable, revocable, limited right and license to access and use the Sites and Online Services solely for the limited purpose of viewing our products, making purchases, and taking advantage of the other services offered on the Sites such as signing up for our newsletter.
B. Except as permitted herein, you may not distribute, modify, copy, transmit, display, reuse, reproduce, publish, license, create derivative works from, transfer, sell or otherwise use any contents of these Sites without Renfro’s prior written permission.
C. You are prohibited from using the Sites to post or transmit any virus, work, Trojan Horse, spy ware, or other computer code, file, program, or “malware” that is harmful or invasive or may or is intended to damage, inhibit, or hijack the operation of, or monitor the use of, any hardware, software, or other equipment.
D. You are prohibited from using the Sites to violate the legal rights of others or collect personally identifiable information about users of the site. You are prohibited from restricting or inhibiting any other person from use of the Sites, and from interfering with or disrupting the operation or performance of the Sites or the servers or networks used to make the Sites available.
3. SITE CONTENT
A. By “Content,” we mean everything you can see on the Sites: pictures, video, audio, articles, features, stories, messages, posts, comments, and more. There are two types of Content on the Site: what we put on there, and what users like you put on there.
Our Content: Everything that we put on the Sites we either own, or have the right to use from whoever does own it. It’s all protected by the copyright laws, trademark laws, and various other laws. Using and following the Sites does not give you ownership of any of our Content in any way. We give you permission to use our Content only while you are on the Sites, and only for your personal, non-commercial use. You don’t get any rights to use any of the Content outside the Site, and certainly not for any commercial purpose.
User Content: All Content that is posted to the Site by a user – including you – is the sole responsibility of the user who originated it. Generally speaking we don’t own that Content, and the poster retains ownership of it unless otherwise agreed. However, by posting or contributing any Content, you give us the perpetual right to display it and use it. We don’t have to keep using or displaying it on the Site, but we can, forever. We can also do anything else with it – for example, we might edit your review and feature it on the Site, or we might develop new features on the Site or even develop commercial products for sale that are based on ideas or suggestions contained in Content posted by you or other users, and we have no obligation to compensate or notify you.
Specifically with regard to Customer Ratings and Reviews you may post on the Sites, see also Section 10, below.
B. We have no obligation to preserve or maintain any Content posted by us, you or any other user. In fact, we can remove it from the Site at any time, for any or no reason, and without notifying the user who posted it. We reserve the right to monitor all Content posted to the Site, and to take down anything we think should come down, but we don’t have to. We aren’t responsible for anything another user may post to the Site. If you see something posted that you find improper or offensive, feel free to let us know, but your main remedy is to stop looking at it.
C. We are not responsible for the accuracy of any Content, nor are we responsible for any actions or lack of actions you may choose to take or not take as a result of your exposure to the Content. The appearance of Content on the Site does not constitute an endorsement by us, and you view and rely upon it at your own risk.
4. ORDERS AND PURCHASES
A. By purchasing products made available through the Sites, you represent that you have reached the age of majority (which in most states in the United States is 18 years old) and have the legal capacity to enter into a contract. If you are under the age of majority or cannot lawfully enter into a contract, you must have your parent or guardian review these Terms and the Privacy Policy, and register or place an order on your behalf. You further represent that you are buying products or services from the Site for your own personal or household use only, and not for resale.
B. We have made every effort to display the products featured on our Sites as accurately as possible. However, the display and color capabilities of your particular computer monitor may affect the colors you actually see on the screen. Renfro is not responsible for the limitations of your monitor and cannot guarantee that your monitor's display of any color, texture, or detail of merchandise will be accurate. If you are unhappy with your purchase for any reason, you may simply return the item. Click here for our Return Policy.
C. The display of products on the Sites does not guarantee that those products will be available for purchase. All product descriptions and product prices are subject to change without notice. We strive to display accurate product and price information, however we may on occasion make inadvertent typographical errors, inaccuracies or omissions related to product details, pricing and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice, including after you have submitted your order, and to cancel any orders arising from such occurrences.
D. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation, and regardless of whether the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will promptly issue a credit to your credit card account. We reserve the right, at our sole discretion, to limit the quantity of items purchased and to prohibit sales to dealers.
E. We may use a third party payment processor to process credit card transactions made through the Sites. You are responsible for paying any governmental taxes such as sales, use, and excise taxes imposed in connection with the purchase of any products made available through the Sites. To the extent that we are obligated to collect such taxes, the applicable tax will be added to your billing account. All sales are subject to our Shipping and Delivery and Returns Policies, which are available to you on the Sites. We monitor return activity for abuse and reserve the right to limit returns or exchanges in all instances. All refunds are at our sole discretion.
F. Communications or interactions with the Sites may be transferred unencrypted and involve transmissions over various networks and exchanges to conform and adapt to technical requirements of connecting networks or devices. We do not guarantee that any information sent to or from our Site will be secure during transmission, nor can we guarantee the confidentiality of any communication or material transmitted to us via the Sites or the internet, including, for example, personal information such as your name or address. We assume no responsibility for: (a) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, unauthorized access to, or alteration of any communication; or (b) any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure due to technical problems or traffic congestion on the internet or on the Sites, including any injury or damage to you or to any person’s computer or mobile device related to or resulting from use of the Site.
5. CREATING AN ACCOUNT
When you buy products from or otherwise use the Sites you have the option to create a user account. If you do, you agree to provide and maintain true, accurate, current, and complete information about yourself. You are responsible for maintaining the confidentiality of your account login, including your password, and you are responsible for all orders made from your account. You agree to notify us immediately of any unauthorized use of your login. Renfro shall not be liable for any loss or damage arising from your failure to comply with these obligations. Please note that you do not need to create a user account in order to order products from the Sites, however, doing so has certain advantages including the ability to recall your order history, track the status of a yet undelivered order, and to avoid having to type in certain information when you make an order. Renfro does not, however, maintain a record of your credit card number and you will have to reenter your desired form of payment each time you place on order.
6. SHIPPING AND RETURNS
If you have any questions about the shipping and return of products that you have purchased from the Sites, click here.
7. INTELLECTUAL PROPERTY RIGHTS
A. The Sites, Online Services, and all Renfro software, systems, technology, and know-how (“Renfro Technology”) are owned by or licensed to Renfro and are protected by copyright, trademark, trade dress, patent, and/or other intellectual property rights and proprietary rights. All trademarks, trade names, graphics, logos, and trade dress for the products and those included in or made available through the Sites and Online Services (collectively, the “Marks”) are owned by or licensed to Renfro and protected by U.S. and international trademark laws. You agree that Renfro or its licensors own and retain all right, title and interest (including all intellectual property rights) in and to the Sites, Online Services, Marks, and Renfro Technology (collectively, the “Renfro Intellectual Property”), and that no interest therein is transferred to you except for a limited, personal right to use it solely in connection with the Sites and Online Services.
B. The trademarks RENFRO, LOOPS & WALES, HOTSOX, K.BELL and COPPER DEFENSE are registered trademarks owned by Renfro in the United States and certain other countries throughout the world.
C. The trademark CHAPS is a registered trademark owned by PRL USA Holdings, Inc., and is used by Renfro under license.
D. The trademark DR. SCHOLL'S is a registered trademark owned by Scholl’s Wellness Company LLC and is used by Renfro under license.
E. The trademark JEEP is a registered trademark owned by FCA US LLC, and is used by Renfro under license.
F. The trademark MERRELL is a registered trademark owned by Wolverine Outdoors, Inc., and is used by Renfro under license.
G. The trademark SPERRY is a registered trademark owned by SR Holdings LLC, and is used by Renfro under license.
H. Except as expressly set forth, nothing in these Terms shall be construed to confer any grant or license of any Renfro Intellectual Property Rights, whether by estoppel, by implication, or otherwise. You are strictly prohibited from using any Renfro Intellectual Property except as expressly provided in these Terms. You are also advised that Renfro and its licensors will aggressively enforce its intellectual property rights to the fullest extent of the law, including seeking criminal prosecution.
8. RESTRICTIONS ON USE
You agree to use the Sites and Online Services only for purposes that are permitted by these Terms and in compliance with all applicable laws, regulations, and generally accepted practices or guidelines in the relevant jurisdictions. You may only use the Sites and Online Services for your non-commercial, non-exclusive, non-assignable, non-transferable and limited personal use, and for no other purposes. You agree not to:
- copy, reproduce, distribute, publicly display, or otherwise transfer the Sites or Online Services or any components of them;
- adapt, alter, modify, reverse engineer, disassemble, or decompile the Sites, Online Services, or any Renfro Technology;
- prepare derivative works based on the Sites, Online Services, or any Renfro Technology;
- remove, obscure, or modify any copyright, trademark or other proprietary rights notices, marks or labels contained on or within the Sites, the Online Services, our products, or any Renfro Technology;
- frame, mirror, or in-line link the Sites or Online Services, or incorporate into another website, application, or other service any Renfro Intellectual Property;
- use the Sites, the Online Services, or any Renfro Technology for any unlawful, fraudulent, or malicious purposes, or to solicit any such activity;
- attempt to gain unauthorized access to any accounts, features, systems, or networks through hacking, password mining, or any other means;
- interfere with any access control measures or attempt to disable or circumvent such security features; • post, transmit, submit, or include any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable content, material, or information of any kind, or any content, material, or information that may give rise to criminal or civil liability;
- submit or post any false or misleading information; and/or
- violate, infringe, or misappropriate the intellectual property, publicity, privacy, or other proprietary rights of Renfro, its licensors, or any other person or entity.
We reserve the right to prohibit or remove any accessibility, use, conduct, communications, or content that we, in our sole discretion, deem to be harmful to the Sites, the Online Services, users, us, our brand, our business partners and licensors, or any other person or entity, or that violates these Terms or applicable law.
Any use by you that violates these restrictions automatically terminates the license granted to you by these Terms.
9. LINKS TO OTHER WEBSITES AND SERVICES
A. The Sites may contain links to other websites and social media pages that are not under the control of Renfro (“Linked Sites”). Renfro has no responsibility for the Linked Sites. Links do not imply that we sponsor, endorse, are affiliated with or associated with, or are legally authorized to use any trademark, trade name, service mark, design, logo, symbol, or other copyrighted materials displayed on or accessible through any Linked Site. Renfro provides the links solely for convenience, but is not responsible for, and expressly disclaims all liability for, damages of any kind that may arise should you choose to use any Linked Site.
B. The Sites also offer you the opportunity to share certain information about our products on certain Linked Sites such as Facebook, Instagram, and other social media platforms. Your posting of content from the Sites to any Linked Site is governed by the terms of use of that Linked Site. It is possible that certain content may be licensed to Renfro for limited use, which may not include use on other web sites. We make no warranties or representations that any content made available on the Sites can properly be posted on any Linked Site, and you acknowledge that you are responsible for any legal liability that may result should you choose to do so.
10. CUSTOMER RATINGS & REVIEWS AND STORIES
A. This Section 10 contains the terms which govern your use of the Customer Ratings and Review service offered by Renfro in association with Yotpo Ltd. on the Sites (the “CRR Service”). Because this service is managed by Yotpo, all data and information submitted by you or collected about you through the CRR Service is governed by Yotpo’s privacy policy, which you may review at https://www.yotpo.com/privacy-policy. Yotpo also shares with us certain information about you that is derived from your participation in the CRR Service. The Renfro Privacy Policy explains how we use that information, which you may review at https://www.loopsandwales.com/pages/privacy-policy. To the extent there is any conflict between the Renfro Privacy Policy and this Section 10, this Section 10 shall control with respect to the CRR Service.
B. When you register for the CRR Service with Yotpo you will select a user name. You may only have one active user name with Yotpo at one time. Your user name will be visible by any visitor to the Sites who views a review written by you that has been posted via the CRR Service. You represent and warrant that you will not select or use a user name that infringes any trademark rights, copyrights, privacy rights, publicity rights, or other rights of any third party; that impersonates someone else; that misleadingly implies an association with another person or entity; that is associated with illegal activity; or that is vulgar or otherwise offensive. Renfro and/or Yotpo may refuse to grant or may revoke any user name at any time for any reason. When selecting a user name for the CRR Service, remember that your reviews may be posted on social media sites such as Facebook and therefore you should not use any user name that might make it easier for you to be a victim of identity theft.
C. By submitting any content to the Sites, you represent and warrant that:
- you are the sole author and owner of all intellectual property rights thereto;
- you are a resident of the United States and over the age of 18;
- your content does not violate these Terms;
- your content will not cause injury to any other party; • your content is not false, inaccurate or misleading;
- your content does not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- your content does not violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
- your content will not be defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening, or unlawfully harassing to any person or entity;
- you were not compensated or granted any consideration by any third party for submitting your content;
- your content does not include any information that references other websites, addresses, email addresses, contact information or phone numbers;
- your content is not subject to any confidentiality obligations, nor will Renfro be subject to any confidentiality obligations on account of your content;
- your content does not contain any computer viruses, worms or other potentially damaging computer programs or files.
D. You agree to indemnify and hold Renfro and Yotpo and their respective officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, including reasonable attorneys’ fees, arising out of a breach of your representations and warranties set forth above, your use of these Sites, or your violation of any law or the rights of a third party.
E. For any content that you submit, you grant to Renfro and Yotpo a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, sell or distribute such content and to incorporate such content into any form, medium or technology throughout the world without notice or compensation to you. You also agree that Renfro and Yotpo may use your user name in connection with any content you post on the Sites that we decide to use in our promotional and advertising materials. For the avoidance of doubt, you understand that we may use your review in promotional and advertising materials such as online media, print media, or on television or radio. You understand and agree that under no circumstances will you receive any compensation no matter how extensive our use of your content is in our advertising and promotion.
F. For any content that you submit, you grant to all users of the Sites the perpetual, irrevocable, royalty-free right to repost such content and your user name on social media sites such as Facebook and Twitter. You also grant all such rights necessary for these social media sites to post your content on their site including all rights that such social media sites explain in their respective terms of use with respect to content posted on those sites.
G. All content that you submit may be reviewed, revised, posted, or otherwise used by Renfro and/or Yotpo in their sole discretion. For instance, we endeavor to review all postings for spelling errors, grammar, to remove material that is patently offensive, or to condense it. All such changes are final and not subject to review by you. We do not guarantee that you will have any recourse to edit or delete any content you have submitted.
H. We endeavor to post ratings and written comments within two to four business days. We reserve the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not Renfro and not Yotpo, are responsible for the contents of your submission.
I. By submitting your email address in connection with your rating and review, you agree that Renfro and Yotpo and their third-party service providers may use your email address to contact you about the status of your review and other administrative purposes.
J. Sections 11 and 12 are incorporated into this Section 9 by reference.
K. If you have questions about the CRR Service you should contact http://www.Yotpo.com.
11. DISCLAIMERS; LIMITATIONS OF LIABILITY
RENFRO AND ITS THIRD-PARTY SERVICE PROVIDERS PROVIDE THE SITES AND ONLINE SERVICES “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. Renfro expressly disclaims any duty to update or revise the Sites or Online Services. Renfro may modify the Sites and Online Services at any time without notice. You assume all risk for your use of the Sites and Online Services and full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of the Sites.
IN NO EVENT SHALL RENFRO OR ANY OF ITS AFFILIATED ENTITIES, THIRD-PARTY SERVICE PROVIDERS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, whether in an action under contract, negligence, or any other theory, arising out of or in connection with the use, inability to use or performance of the information, services, products and materials available from the Sites and/or Online Services, even if Renfro has been previously advised of the possibility of such damages.
IN NO EVENT SHALL RENFRO’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, LIABILITIES, COSTS OR EXPENSE (INCLUDING ATTORNEYS’ FEES AND COSTS) ARISING FROM THE SITES OR ONLINE SERVICES AND/OR THESE TERMS, EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCTS.
The limitations in this Section 11 shall apply notwithstanding any failure of essential purpose or the existence of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.
12. GOVERNING LAW
These Terms shall be construed in accordance with the laws of the State of North Carolina without regard to any conflict of law provisions. Any dispute arising under these Terms or in connection with your use of the Sites shall be resolved exclusively by the state and/or federal courts of the State of North Carolina, Surry County and/or the Middle District of North Carolina. The United Nations Convention of Contracts for International Sale of Goods, Uniform Commercial Code, and the Uniform Computer Information Transaction Act shall not apply to these Terms or the Online Services.
13. USER COMMENTS AND SUBMISSIONS
As noted above, we offer you the opportunity to participate in the CRR Service and to review and comment on our products. In addition, you are welcome to submit comments and input about the Sites and our products. However, any comments, ideas, questions, feedback, notes, messages, suggestions or other communications (collectively "Comments") sent to our Sites shall be and remain the exclusive property of Renfro. If you submit any Comments to us, such submission shall constitute an assignment to Renfro of all worldwide rights, titles and interests in all copyrights, patent rights, and other intellectual property rights in the Comments. Renfro will be entitled, without any consideration or acknowledgement of you in any way, to use, modify, reproduce, disclose, publish and distribute any Comments you submit for any purpose whatsoever, without restriction. For the avoidance of doubt you should understand that under no circumstances will you receive any compensation in any way based on submitting any Comments. For this reason, you should not send us any Comments that you do not wish to assign to us, including without limitation any confidential information or any original creative materials such as product ideas, designs, inventions, computer code, stories or original artwork.
14. PRIVACY POLICY
We respect your privacy and share your concern about its protection. The Renfro Privacy Policy is a part of these Terms and is incorporated in these Terms by reference. Please review it at https://www.loopsandwales.com/pages/privacy-policy to understand how we may collect, use and protect information that we learn about you as a result of what you do on the Sites. By agreeing to these Terms, you also agree to the Renfro Privacy Policy.
15. INDEMNIFICATION
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Renfro, its affiliates, licensors, and third-party service providers from and against any and all formal or informal claims, causes of action, damages, losses, liabilities, costs and expenses (including, without limitation, attorneys’ fees and costs) asserted by any third party arising out of or relating to (a) your use of and access to the Sites and/or the Online Services; (b) any actual or alleged violation of these Terms by you; (c) the use by any other persons accessing the Site using your account or account login or (d) any allegation that any materials you submit to us or transmit to the Site infringe or otherwise violate the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third party. You will cooperate as fully as reasonably required in the defense of any such claim or action; however, we reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you (in which case, you agree to cooperate with our defense).
16. ELECTRONIC COMMUNICATION
When you visit or use the Sites or Online Services, or send e-mails 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 the Sites. You 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 and are deemed to be given and received on the date we transmit any such electronic communication or post any such notice.
17. DISPUTE RESOLUTION AND ARBITRATION
YOU AND RENFRO ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
A. Any claim, dispute, or controversy (regardless of the cause of action or nature of the claim) between you and Renfro, its agents, employees, successors, assigns, direct and indirect subsidiaries, and any third party providing any products or services to you or Renfro in connection with the Sites or Online Services, or arising from or relating in any way to your use of the Sites or Online Services, these Terms, or the interpretation, breach, termination, or validity thereof, shall be resolved exclusively and finally by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Terms or your use of the Sites and Online Services, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms.
B. Notwithstanding the language above, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (1) bring an individual action in small claims court; (2) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (3) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (4) file suit in a court of law to address an intellectual property infringement claim.
C. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by e-mail (“Notice”). Our e-mail address for Notice is: legal@renfro.com. We will send any Notice to the mailing address associated with the applicable Account, if any, or by e-mail to the e-mail address associated with the Account or activity. The Notice must: (A) describe the nature and basis of the claim or dispute; and (B) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or we may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or us must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor with a monetary award that exceeds the last written settlement amount offered by us prior to selection of an arbitrator, we will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by us in settlement of the dispute prior to the arbitrator’s award; or (iii) $15,000.
D. If you commence arbitration in accordance with these Terms, we will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Winston-Salem, NC, but if the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (A) solely on the basis of documents submitted to the arbitrator; (B) through a non-appearance based telephone hearing; or (C) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse us for all monies previously disbursed by us that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. Each party agrees that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
E. Arbitration will be conducted in Winston-Salem, North Carolina, under the Commercial Arbitration Rules then in effect of the American Arbitration Association, by a single arbitrator selected under such rules. The arbitrator will have full power to subpoena and to fashion appropriate remedies, including to grant equitable, injunctive and/or declaratory relief. Neither punitive damages nor trebled or otherwise escalated damages shall be awarded. North Carolina law shall govern without regard to its conflicts of laws rules. Judgment upon the award rendered in any arbitration may be entered in any court having jurisdiction thereof, or application may be made to such court for a judicial acceptance of the award and enforcement thereof as the law of such jurisdiction may require or allow. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting us. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
F. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this subsection is found to be unenforceable or if the entirety of this Dispute Resolution and Arbitration section is found to be unenforceable, then the entirety of this Dispute Resolution and Arbitration section will be null and void.
G. You can choose to reject this agreement to arbitrate by e-mailing us a written opt-out notice (“Opt-Out Notice”) to legal@renfro.com. The Opt-Out Notice must be received by 11:59:59 p.m. Eastern Time no later than thirty days after the date you accept these Terms for the first time. You must provide your name, address (including street number and address, city, state, and zip code), phone number, and the email address associated with the registration account to which the opt-out applies. You must expressly state that you reject the agreement to arbitrate in these Terms and must include a typed signature for the Opt-Out Notice to be effective. This procedure is the only way you can opt out of the agreement to arbitrate. If you opt out of the agreement to arbitrate, all other parts of these Terms will continue to apply. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
H. Regardless of any law to the contrary, any claim against Renfro must be filed within one year of the time such claim arose, otherwise such claim will be barred forever.
18. VIOLATION OF THESE TERMS AND REMEDIES
Renfro may, in its sole discretion and without prior notice, block and/or terminate your access to the Sites and Online Services if we determine that you have violated these Terms or other terms or agreements or that may be associated therewith. You hereby agree that any violation, or threatened violation, by you of these Terms will cause irreparable harm to Renfro, and therefore you agree that Renfro shall be entitled to injunctive or equitable relief without the necessity of posting a bond, in addition to any other available remedies
19. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
The Digital Millennium Copyright Act, 17 U.S.C. § 512 (DMCA) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. It is our policy to respond to notices and counter-notices that properly conform with the DMCA’s requirements. Accordingly, notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see the U.S. Copyright Office’s web page at www.copyright.gov for details of the current DMCA requirements.
If you believe in good faith that materials hosted on the Sites infringe your copyright, you (or your agent) may send us a written notification pursuant to the DMCA, by providing our DMCA Agent with the information listed below (and as further set forth in 17 U.S.C. § 512(c)(3)) and requesting that the material be removed or access to it blocked:
- 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 work claimed to have been infringed, or, if multiple copyrighted 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, and information reasonably sufficient to permit us to locate the material.
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and/or electronic mail address.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Claims of infringement which include the above required information must be submitted via e-mail to the Designated Agent as follows:
Upon receiving a proper notification of copyright infringement as described above, we will remove or disable access to the allegedly-infringing material and promptly notify the alleged infringer of your claim. We also will advise the alleged infringer of the counter-notification procedure, as described in, and required by, the DMCA. If we receive a valid counter-notification, we will restore the removed or disabled material after ten (10), but no later than fourteen (14), business days from the date on which we receive the counter-notification, unless our Copyright Agent first receives notice from you, as the party filing the original notification of copyright infringement, informing us that you have filed a court action to restrain infringement of the material in question.
20. GENERAL PROVISIONS
A. If, for any reason, a court of competent jurisdiction finally determines any provision of these Terms or any portion thereof to be unenforceable, such provision shall be enforced to the maximum extent permissible so as to give the intended effect, and the remainder of these Terms shall continue in full force and effect.
B. Renfro’s failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent or similar breaches. No consent or waiver by Renfro hereof will be deemed effective unless in writing.
C. These Terms, together with our Privacy Policy, Return Policy, and Shipping and Delivery Policy, as each is currently posted on the Sites, constitute the entire agreement between Renfro and you with respect to your use of the Sites and the Online Services and supersede all previous written or oral agreements relating to the subject matter hereof.
D. The Sites controlled and operated from, and are intended to be accessed from, within the United States. Renfro makes no representation that the Sites, the Content, the Online Services, or other materials available on, in, or through the Sites are appropriate or available for use in locations outside the United States, and access to them from territories where they are illegal is prohibited. Those who choose to access the Site from other locations do so on their own volition and are responsible for compliance with applicable laws.
CONTACT US
If you have any comments or questions about these Terms or the Renfro Privacy Policy, you may contact us at:
Director of System Support
Renfro LLC
661 Linville Road
Post Office Box 908
Mount Airy, NC 27030-0908
Or email us at: web@renfro.com