These terms and conditions govern your use of the Ridder’s Custom Woodwork, LLC, Website (“Ridder’s Site”), and constitute a legally binding agreement (the “Agreement”) between you and Ridder’s Custom Woodwork, LLC, as well as its successors and assigns (“Ridder’s Custom Woodwork” or “us”). Throughout this Agreement, you will be referred to as “you” or as a “Visitor,” or as applicable, as a “User” or Purchaser.” These Terms apply to you if you use the Ridder’s Custom Woodwork website.
These terms and conditions are divided into four sections, any or all of which may apply to you:
In exchange for the Ridder’s Custom Woodwork allowing you to use or visit Ridder’s Site, for giving you the opportunity to create a profile with information about yourself within Ridder’s Site (“Profile”), and/or for allowing you to purchase or use Ridder’s Custom Woodwork’s services or products, you are agreeing to this Agreement. You are acknowledging that your decision to use Ridder’s Site and agree to this Agreement is completely voluntary and for adequate consideration.
PLEASE BE ADVISED THAT PROVISIONS IN THIS AGREEMENT GOVERN HOW CLAIMS YOU AND Ridder’s Custom Woodwork HAVE AGAINST EACH OTHER CAN BE BROUGHT, INCLUDING PROVISIONS REQUIRING YOU TO SUBMIT CLAIMS YOU HAVE AGAINST THE Ridder’s Custom Woodwork TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING. THIS AGREEMENT ALSO CONTAINS PROVISIONS BY WHICH YOU WAIVE SUBSTANTIAL RIGHTS TO POTENTIAL REMEDIES AND BY WHICH YOU AGREE TO HOLD Ridder’s Custom Woodwork HARMLESS AGAINST CERTAIN CLAIMS. IF YOU DO NOT WISH TO AGREE TO THESE PROVISIONS AND THIS AGREEMENT IN ITS ENTIRETY, DO NOT INDICATE THAT YOU AGREE TO THESE TERMS AND DO NOT USE Ridder’s Site OR MAKE A PURCHASE FROM Ridder’s Custom Woodwork.
Ridder’s Custom Woodwork may update these terms and conditions of this Agreement (the “Terms”), at its discretion, from time to time. Ridder’s Custom Woodwork will post the most recent Terms on Ridder’s Site at https://ridderworks.com/terms-and-conditions/, and the most recent Terms posted shall govern and constitute your Agreement with Ridder’s Custom Woodwork. Each time you use or open Ridder’s Site or Purchase a Ridder’s Custom Woodwork Craft, you are agreeing to the most recent version of these Terms. Please be advised that you have the responsibility to continue to check Ridder’s Site to read and understand the Terms of this Agreement. Ridder’s Custom Woodwork may, but does not need to, notify you that it has updated and revised these Terms. You may also obtain the most recent Terms of this Agreement on request by email to firstname.lastname@example.org; the Subject Line of such email must read “Request for Ridder’s Custom Woodwork Terms and Conditions.”
These Purchase Terms and Conditions set forth the terms and conditions pursuant to which you may buy, purchase or use (“Purchase”) any products or services offered or sold by Ridder’s Custom Woodwork (including but not limited to custom woodwork, artwork, antiques, objects, décor, design and other crafts and artisan goods, regardless of their source or manufacture) (collectively, the “Ridder’s Custom Woodwork Crafts”).
PLEASE KEEP IN MIND THESE IMPORTANT MATTERS:
(The foregoing includes a summary of certain provisions in these Purchase Terms and Conditions; please also see the full text of these Terms and Conditions.)
You acknowledge that Ridder’s Custom Woodwork has no obligation to enter into this Agreement, that Ridder’s Custom Woodwork reserves the right to restrict any Purchaser’s Purchase and any person’s ability to obtain Ridder’s Custom Woodwork Crafts, at its sole discretion, and that Ridder’s Custom Woodwork may terminate or revise this Agreement without prior notice.
In these Purchase Terms and Conditions, unless otherwise stated explicitly and in addition to other terms defined throughout this Agreement, the following definitions shall apply:
“Force Majeure” means circumstances beyond the relevant party’s control, including acts of God, war, civil unrest, terrorist attack, strike, governmentally declared pandemic, lock-out or other industrial action, and transport, supply-chain or computer failure including any failure or breakdown of related systems upon which the Purchase or the production of Ridder’s Custom Woodwork Crafts is dependent;
“IPR” means any and all intellectual property rights including copyright, moral rights, database rights, know-how, and all other intellectual property and proprietary information rights as may exist now or hereafter come into existence; all modifications, continuations, renewals and extension of any of the foregoing arising under the laws of any country, state or jurisdiction in the world;
“Purchase Period” means the period specified as such in the Purchase Form, if any;
“Password” means the unique characters used, if any, to obtain access to portions of Ridder’s Site;
“Delivery Date” means the estimated date of delivery for the Ridder’s Custom Woodwork Craft being Purchased, as stated in the Purchase Form;
“Purchaser” means the party detailed as such in the Purchase Form; and
“Purchase Fee” means the price of each Ridder’s Custom Woodwork Craft specified in the Purchase Form, as amended from time to time in accordance with this Agreement.
Ridder’s Custom Woodwork shall send Purchaser an invoice for the Purchase Fee as soon as reasonably practicable after execution of the Purchase Form. Ridder’s Custom Woodwork reserves the right to also invoice Purchaser pursuant to Ridder’s Custom Woodwork’s usual pricing, with advance notice, to correct errors or account for additional purchases or costs. Any invoice shall become payable immediately and shall be due and paid in full by Purchaser within 14 days of receipt by Purchaser.
If and when Ridder’s Custom Woodwork sells custom woodwork for future delivery, Ridder’s Custom Woodwork will in all respects comply with NJ Admin. Code Section 13:45A-5.1 et seq. For example, among other obligations:
Purchasers are advised to learn more about their rights under New Jersey law at https://www.njconsumeraffairs.gov/News/Consumer%20Briefs/refund-policy-disclosures.pdf
Otherwise, and to the greatest extent permitted by New Jersey law, all sales of Ridder’s Custom Woodwork Crafts are final and “as is”; and all Purchase Fees are non-refundable, in whole or in part, regardless of whether or when this Agreement is terminated.
The amounts payable by Purchaser under this Agreement are exclusive of all sales tax or other similar tax which (if applicable) shall also be paid by Purchaser. Purchaser shall pay all amounts payable by it under this Agreement free and clear of all deductions or withholdings unless the law requires a deduction or withholding. If a deduction or withholding is required by law, Purchaser shall pay such additional amount as will ensure that the net amount Ridder’s Custom Woodwork receives (after account is taken of any such deduction or withholding in respect of the additional amount) equals the full amount which it would have received had the deduction or withholding not been required. Ridder’s Custom Woodwork shall comply with all reasonable requests from Purchaser to file, or to provide Purchaser with, such forms, statements or certificates as shall enable Ridder’s Custom Woodwork or Purchaser to claim a reduced rate of tax or exemption.
Purchaser’s account shall be deemed delinquent if any invoiced amounts that are not disputed in writing and in good faith remain unpaid 25 days after the invoice date. Ridder’s Custom Woodwork shall be entitled to charge a fee to cover additional administrative costs in an amount equal to one and one-half percent (1-1/2%) of the outstanding delinquent amount per month, and to recover, from Purchaser, Ridder’s Custom Woodwork’s costs and attorney’s fees incurred to collect such delinquent amounts. In addition, Ridder’s Custom Woodwork reserves the right to deactivate or suspend Purchaser’s Purchase if Purchaser’s account remains delinquent more than thirty (30) days after payment is due.
Ridder’s Custom Woodwork grants to Purchaser a limited, revocable, transferable, non-assignable, non-sublicense-able and non-exclusive license to access and use the IPR contained in, represented by or associated with the Ridder’s Custom Woodwork Craft being Purchased (including but not limited to the appearance, design and other attributes of the Ridder’s Custom Woodwork Craft being Purchased) (collectively, “the Craft IPR”) for Purchaser’s personal use only on the terms of and for the duration of this Agreement.
All Craft IPR subsisting in or used in connection with the Purchase are and shall remain the sole property of Ridder’s Custom Woodwork and its licensors. Purchaser is not authorized or licensed to, and shall not, produce, manufacture, sell or design similar goods, services or crafts or any other derivative works based on Ridder’s Custom Woodwork’s IPR. All present and future rights in and title to such Craft IPR are solely and exclusively reserved to Ridder’s Custom Woodwork.
Except as expressly permitted by this Agreement, Purchaser and its users shall not copy, duplicate, distribute, reverse-engineer, reverse-compile, disassemble, record, modify or otherwise reproduce any part of the Purchase or Craft IPR, nor attempt to do any of the foregoing, without obtaining prior written approval of Ridder’s Custom Woodwork. Purchaser acknowledges that (1) the Craft IPR and any modifications, compilations or derivative works, whether in tangible or intangible form and (2) any embodiments of the Craft IPR that may be generated by Purchaser or others whether pursuant to or in violation of this Agreement are deemed to be the sole and exclusive property of Ridder’s Custom Woodwork. Subject to the limited license granted to Purchaser by Ridder’s Custom Woodwork under this Agreement, Ridder’s Custom Woodwork reserves all of its right, title and interest in the Craft IPR and any and all patent rights, copyrights, trademarks, trade secrets and all other IPR inherent in or in connection with Ridder’s Custom Woodwork Crafts and Ridder’s Site. This Agreement is non-exclusive and Ridder’s Custom Woodwork may enter into similar agreements with other individuals or entities at its sole discretion.
Ridder’s Custom Woodwork retains exclusive editorial control over Ridder’s Site and Ridder’s Custom Woodwork Crafts and may make administrative, editorial, artistic or operational decisions it deems necessary or helpful in the normal course of business.
Ridder’s Custom Woodwork represents and warrants only that it will produce Ridder’s Custom Woodwork Crafts in a good and workmanlike manner. If an error, mistake, or defect appears in the Ridder’s Custom Woodwork Crafts or on Ridder’s Site, regardless of its origin or the extent of Ridder’s Custom Woodwork’s culpability or negligence therefore, your sole remedy and Ridder’s Custom Woodwork’s sole liability will be for Ridder’s Custom Woodwork, when reasonably practicable, to use reasonable efforts to repair or replace the Purchased Ridder’s Custom Woodwork Craft in a manner that corrects the defect or error in Ridder’s Custom Woodwork’s reasonable discretion.
You agree that Ridder’s Custom Woodwork is not a home improvement contractor. Ridder’s Custom Woodwork does not: perform or provide home improvements or home repairs or install or attach Ridder’s Custom Woodwork crafts to residential or noncommercial property. Therefore, you agree that neither N.J.S.A. Sections 56:8-136 through 56:8-151, nor Subchapters 16 and 17 of N.J.A.C Chapter 45A, apply to Ridder’s Custom Woodwork or its work for you, notwithstanding any incidental activities in which Ridder’s Custom Woodwork may engage within your residential property (including but not limited to measuring, inspecting, creating specifications, or monitoring others’ work).
Purchaser is responsible for obtaining, procuring, and maintaining all hardware, software, intranets and or networks necessary for accessing Ridder’s Site. Purchaser also agrees to employ computer anti-virus software of a type comparable to current industry standards on all computer systems that access Ridder’s Site.
Purchaser represents and warrants to us (i) that if you are a corporate entity, you are a duly incorporated entity in good standing under the laws of your jurisdiction of incorporation; (ii) all information provided by you in the Purchase Form is in all respects complete, truthful, and accurate; and (iii) that you are responsible for all your acts and omissions.
Purchaser represents and warrants that it shall at all times:
Purchaser shall immediately notify Ridder’s Custom Woodwork of any attempt of which Purchaser has knowledge by any person or entity: (1) to use, distribute, sell, sublicense or disclose any part of the Purchase or Craft IPR without authorization of Ridder’s Custom Woodwork or (2) to make an unauthorized copy or modification of, reverse assemble, reverse compile or to otherwise reverse engineer any part of the Purchase or Craft IPR.
Purchaser shall immediately notify Ridder’s Custom Woodwork upon learning of any potential infringement or misappropriation by third parties of any of Confidential Information or IPR of Ridder’s Custom Woodwork. Ridder’s Custom Woodwork shall have the sole right and discretion to institute and conduct any legal action against, and/or settlement with, any and all actual or potential third party infringers or misappropriators of Confidential Information or IPR of Ridder’s Custom Woodwork and Purchaser will cooperate with Ridder’s Custom Woodwork, at Ridder’s Custom Woodwork’s expense, in connection with any action taken by Ridder’s Custom Woodwork against such actual or potential infringers or misappropriators. Ridder’s Custom Woodwork shall have no obligation to Purchaser to institute suit against any particular infringer or misappropriator. Purchaser agrees that any infringement or misappropriation of IPR or Confidential Information of Ridder’s Custom Woodwork will cause Ridder’s Custom Woodwork irreparable injury and Purchaser will not contest preliminary or permanent injunctive relief in this case. Any recovery of damages or attorney fees will belong to Ridder’s Custom Woodwork.
Purchaser agrees to indemnify, defend and hold harmless Ridder’s Custom Woodwork, Ridder’s Custom Woodwork’s licensors, and its or their respective officers, directors, employees, reporters, contributors, researchers, affiliates, subsidiaries, agents, successors and assigns, from and against any and all claims, suits, actions, demands, or proceedings and all damages, losses, costs, expenses or settlement fees incurred in connection with any of the foregoing (including reasonable attorneys’ fees and costs), arising out of or relating to (i) the breach of or default by Purchaser under any representations or warranties contained in this Agreement; (ii) non-compliance by with laws, statutes, rules, regulations, directives, or guidance of governmental or self-regulatory bodies anywhere in the world, or (iii) the infringement, misappropriation or other violation of copyrights, trademarks, trade secrets, rights of privacy or publicity or other Craft IPR that may arise from or relate to the Purchase.
Purchaser acknowledges and accepts as reasonable that the undertakings given in the Purchase Terms and Conditions are of material importance to Ridder’s Custom Woodwork and that Ridder’s Custom Woodwork has entered into this Agreement in reliance on these undertakings. Purchaser acknowledges that Ridder’s Custom Woodwork Craft has been developed by Ridder’s Custom Woodwork through substantial amounts of work, time, and expense. Accordingly, Purchaser acknowledges that without affecting any rights or remedies that Ridder’s Custom Woodwork may have, damages would not be an adequate remedy for any breach by Purchaser of the Purchase Terms and Conditions and that Ridder’s Custom Woodwork shall be entitled to the remedies of injunction, specific performance and other equitable relief for any threatened or actual breach of Purchase Terms and Conditions, and that no proof of special damages shall be necessary for the enforcement of this clause.
Ridder’s Custom Woodwork may terminate the License if Purchaser becomes insolvent; or enters into any kind of composition, scheme of arrangement, compromise, or arrangement with its respective creditors generally (or any class of them) save for the purposes of a bona fide Ridder’s Custom Woodwork reorganization; or is unable to pay its debts; or is the subject of an order for the seizure of the assets or a substantial part thereof of that party made by any court having jurisdiction.
Without limitation to provisions limiting Ridder’s Custom Woodwork’s liability within the Website Terms and Conditions:
Notwithstanding any other provision of this Agreement, neither party excludes or limits liability to the extent that the same may not be excluded or limited under governing law.
Purchaser and Users shall not remove, obscure, or deface any proprietary legend relating to Ridder’s Custom Woodwork’s rights on or from any tangible embodiment of the Purchase. If Purchaser is permitted to make any copies of the Purchase in whole or in part, Purchaser shall mark all such copies with Ridder’s Custom Woodwork’s proprietary legends.
Ridder’s Custom Woodwork shall not be under any liability to any other party for any breach of this Agreement that arises by reason of Force Majeure.
Purchaser acknowledges that it is liable for the acts of Purchaser and representations made by Purchaser upon which Ridder’s Custom Woodwork relies in providing goods or services under this Agreement. Purchaser is wholly responsible for the accuracy and quality of any specification or measurements that Purchaser, or Purchaser’s agents and contractors, provide to Ridder’s Custom Woodwork. Purchaser is further responsible and wholly liable for Purchaser’s compliance with all applicable law.
This Agreement is binding upon and shall inure to the benefit of the respective permitted successors and/or assigns of the parties hereto.
Purchaser agrees that during the term of this Agreement and for a period of one (1) year after termination of this Agreement, Purchaser shall not solicit or hire, discuss employment or consultancy, or hire any employee of or contributor to of Ridder’s Custom Woodwork, either directly or indirectly, without written authorization of Ridder’s Custom Woodwork.
Purchaser shall not participate in the creation or sale of any other commercially available crafts or other goods and services similar to Ridder’s Custom Woodwork Crafts for a period of four (4) years after the Purchase. For the purpose of this sub-section, “creation and sale” includes the preparations for operating a business competing with Ridder’s Custom Woodwork including but not limited to formulation of a business plan, soliciting, interviewing or hiring employees, soliciting or obtaining financing, equipment or facilities. Ridder’s Custom Woodwork and Purchaser agree that violation of this covenant shall cause irreparable injury to Ridder’s Custom Woodwork and Purchaser will not oppose injunctive relief as recourse to such violation. Ridder’s Custom Woodwork shall be entitled to seek immediate injunctive relief in a court or agency of competent jurisdiction for breach of this provision without waiver of or regard for the dispute resolution procedures or the notice and cure provisions of this Agreement.
Ridder’s Site is intended to allow Visitors to obtain information about Ridder’s Custom Woodwork and its work, obtain goods or services from Ridder’s Custom Woodwork, and/or complete a Profile and submit that Profile to Ridder’s Custom Woodwork. Ridder’s Custom Woodwork may, in its complete discretion, use the information in each Visitor’s Profile for the purposes contemplated herein, and Ridder’s Custom Woodwork and its permitted third parties may also to communicate with you for promotional and marketing purposes.
Ridder’s Custom Woodwork may (or may not), in Ridder’s Custom Woodwork’s complete discretion, use Visitors’ Profiles and the information therein to determine which Visitors to invite to participate in events; however, you agree that Ridder’s Custom Woodwork is not responsible in any way for any event, attempted event, or the conduct, participants or location thereof. Ridder’s Custom Woodwork does not guarantee that you will be invited to any event, or that any event to which you are invited will actually take place.
Visitor acknowledges and agrees that he/she is primarily responsible for his/her own safety and shares responsibility for the safety of other Visitors. In consideration for Ridder’s Custom Woodwork allowing Visitor to use Ridder’s Site, Visitor to the greatest extent permitted under law assumes all risk of such participation and hereby releases Ridder’s Custom Woodwork and all its directors, officers, employees and agents from any and all claims for any injury of any kind to Visitor or other damages that may occur as a result of the Visitor’s use of Ridder’s Site, participation in an event, or use or consumption of any Ridder’s Custom Woodwork Craft, including without limitation any personal injuries or other damages that may be caused by the negligence of Ridder’s Custom Woodwork or negligence of any Ridder’s Custom Woodwork director, officer, employee, or agent (including without limitation negligently failing to adequately investigate or screen personnel), and agrees not to file any lawsuit or otherwise make any claim against Ridder’s Custom Woodwork or any Ridder’s Custom Woodwork director, officer, employee or agent for any such injury or other damages.
It is the inherent and intended nature of Ridder’s Custom Woodwork and this Ridder’s Site to provide information and opinion, any of which may be and likely are based on incomplete information, developing or changing information or circumstances, third-party sources who may or may not be acting in good faith. You acknowledge this nature; indeed, you acknowledge that part of the value you receive from Ridder’s Custom Woodwork and Ridder’s Site is that we may provide such information.
THEREFORE, YOU EXPRESSLY AGREE THAT YOUR PARTICIPATION AS A VISITOR AND YOUR USE OF RIDDER’S SITE IS AT YOUR OWN RISK. RIDDER’S SITE IS PROVIDED ON AN “AS IS” BASIS AND WITHOUT ANY WARRANTY, PROMISE OR CONDITION OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. WE DO NOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF RIDDER’S SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AS WELL AS ANY WARRANTY OR REPRESENTATION WHATSOEVER REGARDING THE OPERATION OF RIDDER’S SITE, THE AVAILABILITY, ACCURACY OR CONTENT OF ANY INFORMATION, SERVICES, PURCHASE OR SUBSCRIPTIONS PROVIDED OR AVAILABLE THROUGH OR IN CONNECTION WITH RIDDER’S SITE, AND/OR ANY RESULTS OBTAINED THROUGH THE USE THEREOF. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
Neither Ridder’s Custom Woodwork nor Ridder’s Site provide legal, financial, accounting, professional, investment or other expert advice. You expressly agree that Ridder’s Custom Woodwork is not your fiduciary and owes you no fiduciary, expert, professional or heightened duty.
We do not warrant that your use of Ridder’s Site will be accurate, reliable, secure, uninterrupted, always available, or error- free, that any defects in Ridder’s Site will be corrected, or that Ridder’s Site is free of viruses or other harmful components. Ridder’s Custom Woodwork is not responsible for the conduct, whether online or offline, of any Visitor or other user of Ridder’s Site. You are solely responsible for your interactions with other Visitors and users of Ridder’s Site. By using Ridder’s Site, you agree to assume such risks.
Ridder’s Custom Woodwork, the name “Ridder’s Custom Woodwork,” and all of Ridder’s Custom Woodwork’s related content, tangible expressions, trade names, trademarks, moral rights, inventions, discovery, Craft IPR and any other form of intellectual property of any kind, generated by Ridder’s Custom Woodwork or by your use of Ridder’s Site, in the past or future and in any medium, are the property of Ridder’s Custom Woodwork. By this Agreement, Ridder’s Custom Woodwork grants you only a limited license within the United States to use Ridder’s Site only as a Visitor consistent with and limited by the Terms of this Agreement. You may not assign, sublicense, or hypothecate this license.
Such license, and your right to use Ridder’s Site, may be terminated by Ridder’s Custom Woodwork in its complete discretion at any time; and shall automatically and immediately terminate upon your breach of this Agreement or upon the termination of this Agreement for any reason. Upon the termination of this license, you shall retain no rights of any kind to use Ridder’s Site or any Ridder’s Custom Woodwork intellectual property.
By using Ridder’s Site and by being a Visitor, you agree that any feedback, comments or information, anywhere, about your experience on Ridder’s Site or your use and enjoyment of Ridder’s Custom Woodwork Crafts (“Feedback”) that you provide will become the property of Ridder’s Custom Woodwork and you agree that Ridder’s Custom Woodwork may use or otherwise exploit all or part of your Feedback or any derivative thereof in any manner or media now known without any further remuneration, compensation or credit to you. You represent and warrant that you have right to assign and grant the rights set forth herein, and that any Feedback which is provided by you hereunder is original work made solely by you and does not infringe any third-party intellectual property rights.
Opinions, advice, reviews, statements, offers, or other information or content concerning Ridder’s Custom Woodwork, events, Ridder’s Site, Visitors or made available through Ridder’s Site, but not directly by Ridder’s Custom Woodwork, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Under no circumstances will we be responsible for any loss or damage resulting from, or from your reliance on, information or other content posted on Ridder’s Site or otherwise. We reserve the right, but we have no obligation, to monitor the materials posted on Ridder’s Site and to remove any such material that in our sole opinion violates, or is alleged to violate, the law or this Agreement or which might be offensive, illegal, or harassing, or that might violate the rights, harm, or threaten the safety of Visitors or others.
You represent, warrant and agree that, regarding your use of Ridder’s Site and your participation in any event, that:
With respect to your use of Ridder’s Site, your use and license of a Purchase or your participation in events, you agree, represent and warrant that you will not:
To the extent permitted by applicable law, you must give Notice of any dispute or Claim against Ridder’s Custom Woodwork at least 90 days before pursuing or filing any other remedy in law or equity. “Notice” by you, for purposes of this Agreement, means a writing delivered to Ridder’s Custom Woodwork by certified mail, including the claimant’s name, address, daytime telephone number, email address, and a reasonably complete statement of the nature of and grounds for the Claim. Such complete and timely notice is a condition precedent to your right to pursue any remedy or Claim against Ridder’s Custom Woodwork. Any Notices to you shall be provided to you through Ridder’s Site or given to you via the email address or by regular mail to the physical address you provide to Ridder’s Custom Woodwork during the registration process.
YOU AND RIDDER’S CUSTOM WOODWORK MUTUALLY AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTE BY ARBITRATION, as set forth below. This agreement to arbitrate (“Arbitration Agreement”) is governed by the Federal Arbitration Act and survives after this Agreement terminates or your relationship with Ridder’s Custom Woodwork ends. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. Except as expressly provided below, this Arbitration Agreement applies to all Claims (defined below) between you and Ridder’s Custom Woodwork, including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders.
Except as expressly provided below, ALL DISPUTES AND CLAIMS BETWEEN US (EACH A “CLAIM” AND COLLECTIVELY, “CLAIMS”) SHALL BE EXCLUSIVELY RESOLVED BY BINDING ARBITRATION SOLELY BETWEEN YOU AND RIDDER’S CUSTOM WOODWORK. These Claims include, but are not limited to, any dispute, claim or controversy, whether based on past, present, or future events, arising out of or relating to: this Agreement and prior versions thereof (including the breach, termination, enforcement, interpretation or validity thereof), Ridder’s Site, Ridder’s Custom Woodwork Crafts, any other goods or services made available through Ridder’s Site, a Purchase, your relationship with Ridder’s Custom Woodwork, the threatened or actual suspension, deactivation or termination of your User Account or this Agreement, payments made by you or any payments made or allegedly owed to you, any promotions or offers made by Ridder’s Custom Woodwork, any city, county, state or federal wage-hour law, trade secrets, unfair competition, compensation, breaks and rest periods, expense reimbursement, wrongful termination, discrimination, harassment, retaliation, fraud, defamation, emotional distress, breach of any express or implied contract or covenant, claims arising under federal or state consumer protection laws; claims arising under antitrust laws, claims arising under the Telephone Consumer Protection Act and Fair Credit Reporting Act; and claims arising under the Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, Age Discrimination in Employment Act, Older Workers Benefit Protection Act, Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act (except for individual claims for employee benefits under any benefit plan sponsored by Ridder’s Custom Woodwork and covered by the Employee Retirement Income Security Act of 1974 or funded by insurance), and state statutes, if any, addressing the same or similar subject matters, and all other federal and state statutory and common law claims. All disputes concerning the arbitrability of a Claim (including disputes about the scope, applicability, enforceability, revocability or validity of the Arbitration Agreement) shall be decided by the arbitrator, except as expressly provided below.
BY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT YOU AND RIDDER’S CUSTOM WOODWORK ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS, EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT. This Arbitration Agreement is intended to require arbitration of every claim or dispute that can lawfully be arbitrated, except for those claims and disputes which by the terms of this Arbitration Agreement are expressly excluded from the requirement to arbitrate.
Arbitrations shall be administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Claims shall be heard by a single arbitrator. The place of arbitration shall be Princeton, New Jersey. The arbitration shall be governed by the laws of the State of New Jersey. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
YOU UNDERSTAND AND AGREE THAT YOU AND RIDDER’S CUSTOM WOODWORK MAY EACH BRING CLAIMS IN ARBITRATION AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT ON A CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE BASIS (“CLASS ACTION WAIVER”). YOU UNDERSTAND AND AGREE THAT YOU AND RIDDER’S CUSTOM WOODWORK BOTH ARE WAIVING THE RIGHT TO PURSUE OR HAVE A DISPUTE RESOLVED AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. NOTWITHSTANDING THE FOREGOING, THIS SUBSECTION (B) SHALL NOT APPLY TO REPRESENTATIVE PRIVATE ATTORNEYS GENERAL ACT CLAIMS BROUGHT AGAINST RIDDER’S CUSTOM WOODWORK, WHICH ARE ADDRESSED SEPARATELY IN SECTION 17(C).
The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on any basis other than an individual basis. The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on a class, collective, or representative basis. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claims.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RIDDER’S CUSTOM WOODWORK, ITS EMPLOYEES, AGENTS, ATTORNEYS, CONSULTANTS, CONTRIBUTORS, OR CONTRACTORS BE LIABLE UNDER THIS AGREEMENT FOR ANY CONSEQUENTIAL, SPECIAL, LOST PROFITS, INDIRECT OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, DAMAGE FOR EXPOSURE OF PERSONAL OR IDENTIFYING INFORMATION, LOSS OF BUSINESS, COST OF COVER WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF RIDDER’S CUSTOM WOODWORK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN ANY EVENT, RIDDER’S CUSTOM WOODWORK’S, ITS EMPLOYEES’, AGENTS’, ATTORNEYS’, CONSULTANTS’, CONTRIBUTORS’ OR CONTRACTORS’ AGGREGATE LIABILITY UNDER THIS AGREEMENT FOR ANY CLAIM SHALL BE STRICTLY LIMITED TO $100.00. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. You acknowledge that Ridder’s Custom Woodwork has entered into this Agreement in reliance upon the limitations of liability set forth herein and that the same is an essential basis of the bargain between the parties.
We agree and deem that all performance by Ridder’s Custom Woodwork under this Agreement occurs in the United States. If you are not located in the United States, or transfer your data through another country, you are not permitted to use Ridder’s Site.
This Agreement shall be governed by the laws of the State of New Jersey without regard to choice of law principles. If any provision of this Agreement is or becomes invalid or non- binding, the parties shall remain bound by all other provisions of this Agreement. In that event, the parties shall replace the invalid or non-binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of this Agreement. Ridder’s Custom Woodwork may assign this Agreement, in whole or in part, in its discretion. Visitor shall not assign any of its rights, obligations or benefits under this Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. The words “include”, “includes” and “including” are deemed to be followed by the words “without limitation”. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between you and Ridder’s Custom Woodwork with respect to the subject matter hereof and supersedes all previous understandings and agreements between the parties, whether oral or written.
Version date: January 20, 2023
Ridder’s Custom Woodwork, LLC (“us”, “we”, “Ridder’s Custom Woodwork” or “our”) operates the Ridder’s Custom Woodwork website at https://ridderworks.com (the “Ridder’s Site”).
We limit the amount of information we gather and store about Visitors, but we do collect several different types of information for various purposes to provide and improve Ridder’s Site to you. We may also use that information for Ridder’s Custom Woodwork’s marketing and promotional purposes, to deliver advertising, marketing, and promotional information to you about Ridder’s Custom Woodwork or third parties, and from time to time, otherwise, for the marketing and promotional purposes of those third parties we permit, in our complete discretion.
While using Ridder’s Site, we may ask you to provide us with certain Personal Data which may include, but is not limited to:
Among other uses, Ridder’s Custom Woodwork may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by contacting us.
We may also collect information on how Ridder’s Site is accessed and used (“Usage Data”). This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of Ridder’s Site that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
We may use and store information about your location (“Location Data”). We use this data to provide features of Ridder’s Site, and to improve and customize Ridder’s Site.
You can enable or disable location services when you use Ridder’s Site at any time by way of your device settings.
Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags, and scripts to collect and track information and to improve and analyze Ridder’s Site.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions or features of Ridder’s Site.
Examples of Cookies we use:
Ridder’s Custom Woodwork and Ridder’s Site use the collected data for various purposes:
Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.
If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to United States and process it there. Therefore, if you are not located in the United States, or transfer your data through another country, you are not permitted to use Ridder’s Site.
You are responsible for the use of your User account and Ridder’s Custom Woodwork expressly disclaims any liability arising from the unauthorized use of your User account. Should you suspect that any unauthorized party may be using your User account or you suspect any other breach of security, you agree to notify us immediately.
It is possible for others to obtain information about you that you provide, publish or post to or through Ridder’s Site (including any Profile information you provide), send to other Users, or share during events, and to use such information to harass or harm you. We are not responsible for the use of any Personal Data that you disclose to other Visitors or users on Ridder’s Site or at events. Please carefully select the type of information that you post on Ridder’s Site or offer through or related to events, or otherwise release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Visitors or users (including unauthorized users, or “hackers”).
Ridder’s Custom Woodwork may disclose your Personal Data, in whole or in part, to our personnel in the ordinary course of the operation of Ridder’s Site, and to facilitate the potential participation of you and other Visitors. From time to time, Ridder’s Custom Woodwork may sell or share the Personal Data of groups of individual Visitors to third parties for marketing, promotional and other informational purposes. Ridder’s Custom Woodwork may also use, sell, transfer, and share aggregated data about you and Visitors, without restriction.
Under certain circumstances, the Ridder’s Custom Woodwork may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Ridder’s Custom Woodwork may disclose your Personal Data in the good faith belief that such action is necessary to:
The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
We may use or retain third party companies and individuals (“Service Providers”) to facilitate Ridder’s Site, provide Ridder’s Site on our behalf, perform related services or assist us in analyzing how Ridder’s Site is used.
These third parties have access to your Personal Data only to perform these tasks on our behalf and have agreed not to disclose or use it for any other purpose; however, Ridder’s Custom Woodwork does not control or supervise them and Ridder’s Custom Woodwork accepts no responsibility for how they may use or handle your Personal Data.
Facebook remarketing service is provided by Facebook Inc.
You can learn more about interest-based advertising from Facebook by visiting this page: https://www.facebook.com/business/ads/ad-targeting
To opt-out from Facebook’s interest-based ads, follow these instructions from Facebook: https://www.facebook.com/help/568137493302217
Facebook adheres to the Self-Regulatory Principles for Online Behavioral Advertising established by the Digital Advertising Alliance. You can also opt-out from Facebook and other participating companies through the Digital Advertising Alliance in the USA http://www.aboutads.info/choices/, the Digital Advertising Alliance of Canada in Canada http://youradchoices.ca/ or the European Interactive Digital Advertising Alliance in Europe http://www.youronlinechoices.eu/, or opt-out using your mobile device settings.
For more information on the privacy practices of Facebook, please visit Facebook’s Data Policy: https://www.facebook.com/privacy/explanation
We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.
Our Service does not address anyone under the age of 18 (“Children”). By using Ridder’s Site, you represent and warrant that you are 18 years old or older.
We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.