Effective date: 08/19/2023
PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BECAUSE THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES AND, TOGETHER WITH ALL THE OTHER TERMS AND CONDITIONS REFERRED TO BELOW, FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND RDCARTECH.COM REGARDING YOUR USE OF THE RDCARTECH.COM WEBSITE(S) AND OTHER SERVICES.
THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER.
SECTION 17 CONTAINS AN IMPORTANT NOTE FOR NEW JERSEY CONSUMERS.
IF FOR ANY REASON, YOU ARE UNABLE OR UNWILLING TO AGREE TO ALL OUR TERMS OF USE, PLEASE IMMEDIATELY STOP USING OR ATTEMPTING TO USE OUR WEBSITE AND OTHER SERVICES, BECAUSE IF YOU CONTINUE, YOU WILL BE AGREEING TO EVERYTHING IN OUR TERMS OF USE.
1. General
These Terms govern your utilization of the interactive websites, mobile and connected applications, software, and all other online interactive features and services, including but not limited to emails, newsletters, forums, communities, sweepstakes, and contests (collectively referred to as the “Services”) operated by RDCARTECH.COM and its subsidiaries (collectively referred to as “RDCARTECH.COM”, “we,” “us,” or “our”).
Specific terms and conditions applicable to certain sections of the Services may also be posted in those sections and, along with these Terms, govern your interaction with those sections, collectively forming the “Agreement.”
We retain the right, at our discretion, to modify or amend all or any part of the Agreement at any time, with immediate effect upon notice published on this page. Your utilization of the Services signifies your binding acceptance of these terms and conditions, including any alterations or revisions made by RDCARTECH.COM as allowed above.
It is advisable to periodically review the Agreement to ensure you are acquainted with the latest version. Should the terms and conditions of the Agreement become unacceptable to you, you are advised to cease all use of the Services.
You are responsible for checking the Agreement upon accessing the Services.
COPPA:
The Services are designed for teenagers and adults and are not directed at children under the age of 13. If you are outside the European Union and European Economic Area, you must be 13 years old or older to use the Services.
If you are within the European Union and European Economic Area, you must be 16 years old or older.
RDCARTECH.COM adheres to the Children’s Online Privacy Protection Act and does not allow registration by or knowingly collecting personally identifiable information from anyone under 13. By registering for any Services, you affirm that you are either 13 years old or older or, if you reside in the European Union or European Economic Area, 16 years old or older.
Additionally, when registering, you must provide accurate and complete registration information to become a member of the Services (“Member”).
Creating a Member account if you are under 13 outside of the European Union and European Economic Area or under 16 in the European Union and European Economic Area, through automated means or false means, constitutes unauthorized use of the Services, and such accounts will be deleted by RDCARTECH.COM.
Access to the Site and Services:
RDCARTECH.COM strives to maintain 24/7 access to the Site, except for necessary maintenance operations and potential breakdowns. RDCARTECH.COM does not guarantee uninterrupted access to the Site, its permanence, or compatibility with your operating system or browser. You acknowledge your responsibility for the proper functioning of your equipment
Participation; Adding and Using Vouchers and Discount Codes:
Coupons, Refund Offers, and Opinions concerning online shopping experiences are subject to compliance with the Agreement. RDCARTECH.COM reserves the right to modify or delete vouchers at any time. You agree to add detailed coupons or discount codes and not to add personalized codes for single use. You grant RDCARTECH.COM the right to modify and delete vouchers. You also agree to the terms and conditions of using vouchers and discount codes.
2. Your Use of Content
The Services include copyrighted and proprietary Content protected by law. You may use the Content only for personal, non-commercial purposes. You may not modify, reproduce, distribute, or exploit any Content without authorization. Users are prohibited from collecting usernames or email addresses for unsolicited purposes.
3. Conduct Guidelines
RDCARTECH.COM reserves the right, though it’s not obligatory, to examine any potentially illegal or unauthorized utilization of the Services and suitable legal action might be initiated, including but not restricted to legal and injunctive remedies. While engaging with the Services, you must refrain from the following actions:
- Employing the Services for commercial objectives, disseminating advertisements, requesting funds, goods, or services, or enticing users to join competing online platforms.
- Posting hyperlinks on the Services to external websites that exhibit explicit or sexually explicit content as determined by RDCARTECH.COM.
- Transmitting or uploading any Material that breaches another individual’s intellectual property rights (such as third-party music, videos, images, or other content without proper authorization).
- Distributing or conveying through the Services any Material that contains advertisements, promotional content, spam, chain letters, pyramid schemes, or other forms of solicitation at the discretion of RDCARTECH.COM.
- Altering the format, framing, or replication of any part of a web page belonging to the Service.
- Publishing Material containing pages with restricted access, hidden pages, or images that lack links to accessible pages.
- Submitting Material that impersonates an individual or entity, misleadingly suggests sponsorship or approval of such Material by the Services, RDCARTECH.COM, or any third party, altering or erasing author attributions in Material, or promoting false or misleading information.
- Transmitting viruses, worms, flaws, Trojan horses, or other destructive items, or attempting to interfere with the proper functioning of the Service or the enjoyment of the Services by other users.
- Advocating the unauthorized distribution of copyrighted works, such as sharing pirated software, videos, or links to them, revealing information to bypass manufacturer-installed copy protection mechanisms, or providing pirated music or links to unauthorized music files.
- Sharing Material, or participating in any activity, that is defamatory, libelous, obscene, pornographic, abusive, harassing, threatening, illegal, that violates the rights of any third party (including privacy or publicity rights), or that promotes illegal activities, racism, hatred, bigotry, discrimination, physical harm, or discrimination against any individual or group.
- Gathering email addresses or other contact information of other users through electronic or alternative methods.
The list provided is not exhaustive and encompasses neither all illegal nor prohibited uses of the Service.
Usage of the Services is subject to prevailing laws and legal procedures. The terms of the Agreement shall not restrict our obligation to comply with governmental, court, or law enforcement appeals or mandates regarding your utilization of the Services.
4. Content Management
In spite of the rights delineated herein, the responsibility for all Material you publish remains exclusively yours. RDCARTECH.COM is not obligated to assess, pre-screen, or monitor the Material you post; nonetheless, RDCARTECH.COM retains the authority to modify or eliminate any Content or Material present on the Services, either wholly or partially. Furthermore, RDCARTECH.COM reserves the prerogative to divulge any information or undertake any measures necessary to fulfill pertinent laws, regulations, legal procedures, and government appeals, or to safeguard the rights, assets, or well-being of RDCARTECH.COM, its users, and the general public. You acknowledge and accept that exposure to such content is possible and you further renounce your entitlement to damages (from any party) related to such exposure.
RDCARTECH.COM possesses the right, although not the obligation, to execute any of the ensuing actions at our sole discretion, at any time, and for any rationale, without furnishing prior notice:
- Limit, suspend, or terminate your access to the entirety or specific sections of our Services.
- Modify, suspend, or discontinue all or particular parts of our Services.
- Decline, relocate, alter, or eliminate any Material for any cause.
- Refuse, relocate, modify, or erase any Content accessible through the Services.
- Deactivate or erase your account(s) along with all linked data and files within.
- Disclose your identity or other particulars about you to any third party asserting that Material posted by you infringes upon their legal rights, including but not confined to intellectual property rights or privacy and publicity rights.
- Reveal your identity or other relevant information to law enforcement authorities upon request, if RDCARTECH.COM concludes at its sole discretion that such revelation is necessary to safeguard its users or the public.
- Institute general practices and restrictions concerning the utilization of our websites and Services.
You consent that RDCARTECH.COM will not be held liable to you or any third party for implementing any of these measures. Furthermore, you comprehend and agree that our Services may involve communications like advertisements, service notifications, and administrative messages from us or our partners, which are deemed integral components of the Services.
5. Approval
RDCARTECH.COM MAY RECEIVE COMPENSATION, FEES, OR OTHER FORMS OF REMUNERATION BASED ON SELECT CLICKS OR PURCHASES MADE ON, THROUGH, OR CONNECTED TO THE SERVICES.
THIS SIGNIFIES THAT RDCARTECH.COM COULD OBTAIN CERTAIN FORMS OF COMPENSATION THROUGH AN AGREEMENT WITH THIRD PARTIES IF YOU (i) CLICK ON SPECIFIC ADS OR LINKS ON OUR WEBSITES, EMAILS, OR NEWSLETTERS, OR (ii) MAKE A PURCHASE OF A PRODUCT OR SERVICE AFTER CLICKING A LINK.
RDCARTECH.COM does not assert or endorse the precision or dependability of any Content or other materials posted on any interactive segment or other locations within the Services. You acknowledge that placing reliance on such Content or materials is solely at your personal risk. Content or materials contributed to any interactive area by users reflect the views of the user who posted them and do not mirror the views of RDCARTECH.COM.
The Services might comprise links to websites on the Internet owned and managed by third parties (referred to as “External Sites”). You admit that RDCARTECH.COM holds no accountability for the availability of or content found on or via, any External Site. Your utilization of such External Sites could be subject to terms, conditions, and privacy policies of third parties. Any third-party content or link to a third-party site is not an endorsement of that content or site. For concerns about such links or the content on External Sites, contact the respective site administrator or webmaster.
Ordinarily, we do not directly vend, resell, or license the products or services that we assess, list, or advertise on our sites, and we disclaim any responsibility or liability related to them. Interactions or transactions with third parties, including payments and product deliveries, are exclusively between you and that third party.
Information like discounts, prices, and availability of products and deals is believed to be accurate at the time of publishing and is subject to change. Verify these specifics with the merchant’s site and review their terms and conditions before making a purchase. You consent that we will not be accountable for any loss or damage resulting from your dealings with third parties.
Queries, grievances, or demands related to products or services should be directed to the pertinent vendor. However, if we do sell, resell, or license products or services, relevant terms, and conditions regarding your purchase or licensing will be accessible on the relevant site page.
Please be aware that we might allow specific manufacturers to license, employ, or reprint an RDCARTECH.COM trademark, logo, or review partially or entirely in their marketing materials and advertisements, in exchange for a licensing fee
6. Compensation for Loss
You consent to compensate, safeguard, and absolve RDCARTECH.COM and its affiliated entities, along with their respective executives, directors, proprietors, representatives, information providers, and licensors (collectively referred to as RDCARTECH.COM, from and against any and all allegations, liability, damages, losses, expenses, and costs (including legal fees) sustained by any RDCARTECH.COM in connection with:
- Your utilization of, or association with, our Services;
- Any use or purported use of your accounts or passwords by any individual, whether or not sanctioned by you;
- The substance, quality, or performance of the Material you submit;
- Your contravention of the Agreement or the RDCARTECH.COM Privacy Policy;
- Your breach of the rights of any other individual or entity; or
- Your contravention of any applicable laws, norms, or regulations.
RDCARTECH.COM reserves the right, at its own cost, to undertake the exclusive defense and oversight of any matter otherwise requiring indemnification from you. In such a scenario, you consent to support RDCARTECH.COM in its defense against such claims.
7. Service Termination.
RDCARTECH.COM holds the authority, at its exclusive discretion, to curtail, suspend, or terminate your entry to the Services, encompassing discussion zones, at any given point, for any rationale, without former notification or legal responsibility.
Conversely, you retain the option to conclude your access to the Services whenever you desire by immediately discontinuing your usage of the Services. Should you wish to erase a specific account on the Services, please consult the “What Can I Do to Control My Information?” segment of the Privacy Policy and adhere to the contact guidelines pertinent to the specific platform from which you seek to delete your account. Upon the cessation of your access, you shall possess no entitlement to employ the Services.
The stipulations outlined in the Agreement shall persist beyond the discontinuation of your access.
RDCARTECH.COM might modify, halt, or discontinue any or all aspects of the Services, including the accessibility of any features, databases, or Content (inclusive of discussion zones), at any point, without prior notification or legal responsibility.
8. Copyright Policy.
You are prohibited from posting, distributing, displaying, transmitting, performing, or reproducing copyrighted material, trademarks, or other proprietary information in any manner without obtaining prior written consent from the rightful owner of such proprietary rights.
A notification of claimed infringement must encompass the following elements:
(a) An electronic or physical signature of the authorized individual representing the copyright or trademark interest owner;
(b) A description of the copyrighted work(s) or trademark(s) that you allege has been infringed;
(c) Information detailing where the material you claim to be infringing is located on the Services, including any additional identification such as URLs and post numbers to aid in identifying the allegedly infringing content;
(d) Your address, phone number, and email address;
(e) A written statement from you affirming that you genuinely believe the disputed use is not sanctioned by the copyright or trademark owner, its agent, or the law;
(f) A statement made by you, under the risk of perjury, that the above information in your notice is accurate and that you are either the copyright or trademark owner or have been authorized to act on their behalf.
If the content you have posted on the Services is removed due to alleged infringement of a third party’s intellectual property rights, RDCARTECH.COM will notify you. If you believe your content was unjustly removed, you have the option to file a counter-notification including:
(a) An electronic or physical signature of the authorized person acting on your behalf;
(b) A description of the material that was removed or disabled, along with its online location prior to removal or disabling;
(c) A written statement asserting, under the risk of perjury, that you genuinely believe the material was removed or disabled due to an error or misidentification;
(d) Your address, phone number, and email address;
(e) A statement expressing your consent to the jurisdiction of a federal district court in the judicial district where the address is located, or alternatively, if your address is outside of the United States, in any judicial district where the service provider can be located.
Upon receiving such a counter-notice, RDCARTECH.COM will provide the complainant with your contact details so that resolution of the matter can be pursued. Note that when the counter-notification is forwarded, it may include your personal information.
Should anonymity protection be a concern, consider consulting with a legal professional for alternative options.
If the matter is resolved or the complainant doesn’t seek a court order within the specified statutory timeframe, the content is generally reinstated.
RDCARTECH.COM retains the right to remove materials or content believed to be infringing without prior notice, at its sole discretion, and without incurring liability to you. In appropriate instances, RDCARTECH.COM may also terminate your account if you are identified as a repeat infringer.
Anyone knowingly making false claims about material infringement or the mistaken removal or disabling of material may be subject to legal consequences.
9. Disclaimer of Warranties; Restriction of Liability.
The Services and the Content are disseminated on an “as is, as available” basis. None of RDCARTECH.COM, third-party vendors, or content providers, along with their respective agents, provide any type of warranties, whether explicit or implicit, including but not confined to warranties of title or implied fitness for a specific purpose, in connection with the Services, Content, or products or services sold via the Services.
Neither RDCARTECH.COM nor any third-party content provider guarantees that files accessible for download through the Services will be devoid of viruses or similar contaminations or destructive attributes. Furthermore, neither RDCARTECH.COM nor any third-party content provider asserts that the goods or services linked to or advertised in the Services adhere to data protection regulations or other pertinent legislations, and RDCARTECH.COM assumes no liability for any claims emerging from such goods or services.
You overtly agree that the entire risk concerning the quality, performance, accuracy, or completeness of the Services and Content rests solely on you, and RDCARTECH.COM cannot ensure the uninterrupted availability of any specific component of the Services. Specifically, you acknowledge that RDCARTECH.COM is not accountable for any unauthorized access or alteration of your materials, data, or other transmissions facilitated through the Services, nor for any offensive, obscene, defamatory, illegal, or threatening Content, or the actions of other parties, or infringements of others’ rights.
RDCARTECH.COM DISTINCTLY DISAVOWS ANY RESPONSIBILITY, WHETHER ARISING FROM CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE. NEITHER RDCARTECH.COM, ANY THIRD-PARTY CONTENT PROVIDER, NOR THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING, BUT NOT LIMITED TO, INFORMATION OR DATA LOSS, BUSINESS LOSS, LOST PROFITS, OR DAMAGES TO REPUTATION OR GOODWILL, ARISING FROM OR RELATING TO THIS AGREEMENT OR THE SERVICES, REGARDLESS OF WHETHER SUCH PARTY HAS BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES. IF, DESPITE THE OTHER PROVISIONS OF THIS AGREEMENT, RDCARTECH.COM IS FOUND LIABLE FOR ANY DAMAGES OR LOSSES ARISING FROM OR CONNECTED TO YOUR USE OF THE SERVICES, THE LIABILITY OF “RD” SHALL NOT EXCEED THE GREATER OF EITHER (I) THE TOTAL SUBSCRIPTION OR SIMILAR FEES PAID FOR ANY SERVICE OR FEATURE OF THE SERVICES IN THE SIX MONTHS PRECEDING THE INITIAL CLAIM MADE AGAINST RDCARTECH.COM, OR (II) ONE HUNDRED U.S. DOLLARS ($100.00).
IN CASE OF A DISPUTE WITH ANOTHER USER ARISING FROM, RELATED TO, OR IN ANY WAY ASSOCIATED WITH YOUR USE OF THE SERVICES, YOU RELEASE RDCARTECH.COM FROM ALL CLAIMS, DEMANDS, AND DAMAGES OF ANY NATURE ARISING FROM SUCH A DISPUTE AND AGREE TO HOLD RDCARTECH.COM HARMLESS WITH REGARD TO SUCH DISPUTE.
Certain jurisdictions may not permit the exclusion of implied warranties or specific limitations of liability, including incidental or consequential damages, punitive or exemplary damages, bodily or moral (reputational) damages, gross negligence, death or personal injury resulting from negligence, personal injury, or loss of or damage to property caused by defective products, fraud, fraudulent misrepresentation, or recklessness.
Consequently, the above restrictions or exclusions might not apply to you in such jurisdictions, and the liability of RDCARTECH.COM, third-party content providers, and their respective agents will be restricted to the maximum extent permissible by applicable law.
10. Member Disputes.
Your interactions with other Members of the Services are entirely your responsibility. While RDCARTECH.COM retains the right, it is not obligated, to oversee disputes between you and other Members. If RDCARTECH.COM concludes that a violation of the Agreement has occurred or if such action is deemed necessary or advantageous in its sole discretion, it may take action such as deleting accounts or removing content posted by a user.
11. International Usage.
We do not assert that any Material, Services, or Content are suitable or legally downloadable beyond the borders of the United States or the country where such Material, Services, or Content originated. Accessing the Material, Services, or Content from certain countries or by specific individuals may not be compliant with the law. If you choose to access any Material, Services, or Content from outside the United States, you assume the associated risks and bear the responsibility of adhering to the laws in your jurisdiction. You agree to conform to (i) all local regulations pertaining to online user behavior and acceptable content, and (ii) all relevant laws regarding the transfer and receipt of technical data and other material between the United States and your location.
12. Privacy Policy
The RDCARTECH.COM Privacy Policy is incorporated by reference into these Terms.
Please enjoy our community and thank you for reading!
13. Binding Arbitration.
In the unlikely scenario that you are dissatisfied with the resolution provided by customer service, and efforts to resolve a dispute through the Informal Dispute Resolution Procedures outlined below are unsuccessful, both you and RDCARTECH.COM agree to settle the dispute through binding arbitration or small claims court instead of general jurisdiction courts.
Arbitration is a less formal process compared to a court lawsuit. It employs an impartial arbitrator instead of a judge or jury, allows for more restricted discovery compared to court proceedings, and is subject to limited court review. Unless specifically restricted by this arbitration clause, arbitrators can grant the same damages and remedies as a court. Any arbitration based on this Agreement will be conducted individually; collective arbitrations and class actions are prohibited. In arbitration, you may be entitled to recover legal fees from us to the same extent as in a court.
ARBITRATION AGREEMENT
(1) Claims Subject to Arbitration: To the fullest extent permissible by law, RDCARTECH.COM and you agree to arbitrate all disputes and claims between us, except for claims related to bodily injury or concerning the enforcement, protection, or validity of intellectual property rights for you, us, or any of our licensors, affiliates, and partners. This Arbitration Agreement aims to be interpreted broadly. It includes, but is not limited to:
- Claims relating to any aspect of our relationship, whether rooted in contract, tort, fraud, misrepresentation, or other legal theory.
- Claims arising before this or any prior Agreement even claims related to advertising.
- Claims for non-physical distress or injury not stemming from bodily harm.
- Claims that are subjects of purported class action lawsuits in which you’re not part of a certified class.
- Claims that may arise after termination of this Agreement.
Terms such as “RDCARTECH.COM”, “RD,” “you,” “we,” and “us” in this Arbitration Agreement include our respective predecessors, successors, assigns, parents, subsidiaries, affiliates, agents, employees, licensees, licensors, and content providers as of the time the claim arises; and all authorized or unauthorized users or beneficiaries of Services under this or previous Agreements. Either party may opt for claims to be heard in small claims court, provided the action isn’t moved to a court of general jurisdiction. This Arbitration Agreement doesn’t prevent you from reporting issues to federal, state, or local agencies. By entering into this Agreement, you and we waive the right to participate in class actions and jury trials, as permitted by applicable law. This Agreement signifies an interstate commerce transaction, thus the Federal Arbitration Act (9 U.S.C. §§ 1-16) governs its interpretation and enforcement. This Arbitration Agreement remains valid after the termination of this Agreement.
(2) Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures: You and we recognize that good-faith, informal attempts to settle disputes can often lead to swift, cost-efficient, and mutually favorable resolutions. Therefore, the party intending to initiate arbitration or file a claim in small claims court must first send a written Notice of Dispute (“Notice”) to the other party. The Notice should include specific details:
- Claimant’s name, address, and email address.
- Description of the claim’s nature and basis.
- Relevant facts about your use of the Sites.
- Detailed calculation of damages sought.
- A personally signed statement verifying the Notice’s accuracy.
The Notice must be personalized to your dispute only. After receiving a complete Notice, the parties shall try to resolve the dispute amicably for 60 days (extendable by agreement). Afterward, a video settlement conference may be held upon request, and both parties shall attend. If an agreement isn’t reached within 60 days, you or we may initiate arbitration or a small claims court proceeding.
Compliance with these procedures is a prerequisite for starting arbitration. Any applicable limitations period and filing fee deadlines will be paused during this informal dispute resolution period. These steps are vital to ensure a meaningful opportunity for informal dispute resolution. Failure to meet these requirements might result in court intervention or halt arbitration proceedings. Additionally, the arbitration administrator may not accept or assess fees for improperly initiated arbitrations. If arbitration is already underway, it will be administratively closed. This paragraph doesn’t curtail the right to seek damages for non-compliance with these procedures in arbitration.
(3) Arbitration Procedure: Arbitration will be governed by the National Arbitration & Mediation (NAM) Rules (including Comprehensive Dispute Resolution Rules and Procedures), or other chosen arbitration provider’s rules, as adjusted by this Arbitration Agreement. NAM shall administer the arbitration, or another provider if NAM is unavailable. You can access the NAM Rules online, and request them in writing, or by phone.
The initiating party must certify compliance with Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures, and that they are party to this Arbitration Agreement. The arbitrator may consider but isn’t bound by rulings in other arbitrations. Unless agreed, arbitration hearings will occur at the county of your billing address, and you and an RDCARTECH.COM representative must attend in person. After arbitration, the arbitrator will provide a reasoned decision. The arbitrator’s decision is binding only between you and RDCARTECH.COM An arbitrator’s fully satisfied award won’t be entered in court.
As in court, counsel representing parties in arbitration must comply with Federal Rule of Civil Procedure 11(b), including that the claim isn’t frivolous.
(4) Arbitration Fees: Arbitration fees, including filing, arbitrator, and hearing fees, will follow the NAM Rules unless you qualify for a fee waiver. If arbitration fees are considered prohibitive, we will pay as much of the fees as necessary to prevent cost-prohibitive arbitration, regardless of the outcome, unless the claim was frivolous or brought in bad faith. This ensures cost-effective arbitration for all parties.
(5) Confidentiality: The arbitrator can issue an order that disclosed confidential information during arbitration can’t be used or disclosed, except in arbitration enforcement or other proceedings. If disclosed in court, it must be under seal.
(6) Offer of Settlement: In arbitration between you and RDCARTECH.COM, the defending party may offer settlement in writing before the hearing or dispositive motion. If the award is lower than the offer or if the defending party prevails, the other party covers the defending party’s post-offer costs, including attorney fees. If any statute or law prohibits fee shifting, the offer shall end cost accumulation.
(7) Necessity of Individual Relief: The arbitrator can grant declaratory or injunctive remedies solely in favor of the individual seeking relief and only to the extent necessary to address the individual’s specific claim.
SUBJECT TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, YOU AND WE AGREE THAT BOTH PARTIES CAN PURSUE CLAIMS AGAINST EACH OTHER ONLY IN THEIR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR MEMBER OF A CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING.
Additionally, unless both parties consent otherwise, the arbitrator cannot combine multiple individuals’ claims or oversee any representative, class, or private attorney general proceedings. If, after all, appeals are exhausted, any restrictions on non-individualized declaratory or injunctive relief, class, representative, and private attorney general claims, and consolidation are found unenforceable with regard to a particular claim or request for relief (such as a request for injunctive relief for a specific claim), then the parties agree that such a claim or request shall be resolved by a competent court, following arbitration of all other arbitrable claims and requests for relief. You acknowledge that any arbitrations between you and RDCARTECH.COM will be governed by this Section 13 and not by any prior arbitration agreement with RDCARTECH.COM. Despite any conflicting provision in this Agreement, you consent that this Section 13 modifies any prior arbitration agreement with RDCARTECH.COM, including claims that arose before this or any prior arbitration agreement.
(8) Opting Out of Future Changes: Notwithstanding any contrary stipulation, if RDCARTECH.COM makes any future changes to this Arbitration Agreement (except changes to the Notice Address), you can reject such changes by sending an email to RDCARTECH.COM within 30 days of the updated arbitration agreement being posted. The email should include: (i) your full legal name, (ii) complete mailing address, (iii) phone number, (iv) if applicable, the username or email address linked to any potential account or newsletter, (v) the relevant Site, and (vi) the approximate date of your initial use of the relevant Site. You must personally send this opt-out email, not through an agent, attorney, or any other representative. The email must contain a personally signed statement expressing your desire to reject the modification to the Arbitration Agreement. This does not constitute a complete opt-out of arbitration.
(9) Mass Submission: If, at any time, 25 or more claimants (including you) submit Notices or seek to file arbitration demands raising similar claims against the other party or related parties, by the same counsel or coordinated entities, according to the definition and criteria of Mass Filings (“Mass Filing”) in NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures (“NAM’s Mass Filing Rules,” accessible at https://www.namadr.com/resources/rules-fees-forms/), both parties agree to the following additional procedures. During this process, their counsel should collaborate to modify these procedures as needed for the Mass Filing.
By choosing to participate in a Mass Filing, parties acknowledge that the resolution of their dispute might be delayed. Time limits (including statute of limitations) and filing fee deadlines will be paused when the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures start, as long as the pre-arbitration Notice follows the criteria in Section 13(2), until your claim is selected for a staged process, settled, withdrawn, otherwise resolved, or opted out of arbitration. Phase One: The claimants and RDCARTECH.COM counsel each select 25 claims per side (50 claims total) to proceed in individual arbitrations as a staged process. A separate arbitrator is assigned to each of these individual arbitrations unless the parties mutually agree otherwise in writing. Any remaining claims are not filed or considered filed in arbitration, and arbitration fees are not assessed until they are chosen for individual arbitration proceedings as part of the staged process.
After the initial staged proceedings conclude, a global mediation session is arranged for all remaining claims, involving a retired federal or state court judge, with RDCARTECH.COM covering the mediator’s fee.
Phase Two: If the remaining claims are unresolved, the claimants and RDCARTECH.COM counsel each select 50 claims per side (100 claims total) for individual arbitrations in a second staged process, following any mutually agreed-upon procedural changes. Separate arbitrators are assigned to each of these individual arbitrations unless the parties mutually agree otherwise in writing. Any remaining claims are not filed or considered filed in arbitration, and arbitration fees are not assessed until they are chosen for individual arbitration proceedings as part of the staged process.
After the second staged proceedings conclude, a global mediation session is arranged for all remaining claims, involving a retired federal or state court judge, with RDCARTECH.COM covering the mediator’s fee.
Phase Three: If the remaining claims are unresolved, the claimants’ and RDCARTECH.COM counsel each selects 100 claims per side (200 claims total) for individual arbitrations in a third staged process, following any mutually agreed-upon procedural changes. Any remaining claims are not filed or considered filed in arbitration, and arbitration fees are not assessed until they are chosen for individual arbitration proceedings as part of the staged process. After the third staged proceedings conclude, claimants’ counsel can opt for a global mediation session involving a retired federal or state court judge for all remaining claims.
Phase Four: If your claim remains unresolved, it will be resolved through ongoing, staged individual arbitration proceedings. If the remaining claims exceed 100, 100 claims are randomly selected (or selected based on counsel’s agreement) for individual arbitrations as part of a staged process. If the remaining claims are fewer than 100, they proceed to individual arbitrations. Any remaining claims are not filed or considered filed in arbitration, and arbitration fees are not assessed until they are chosen for individual arbitration proceedings as part of the staged process.
After each set of 100 claims is resolved, this process is repeated according to the stated parameters. Parties’ counsel is encouraged to collaborate, participate in mediation, and engage with each other and NAM (including a Procedural Arbitrator) to find ways to streamline the claims process, increase the number of claims resolved concurrently, enhance efficiencies, conserve resources, and resolve the remaining claims. A court of competent jurisdiction can enforce these Mass Filing provisions and, if necessary, halt mass filing, litigation, or arbitration administration and arbitration fee assessment. If these extra procedures apply to your claim and a court determines they cannot be enforced for your claim, your claim will proceed in a competent court, consistent with this Agreement. You and RDCARTECH.COM affirm your commitment to the integrity and effectiveness of arbitration, aiming to utilize the process for equitable resolution of genuine and sincere disputes between both parties. You and RDCARTECH.COM acknowledge and commit to acting in good faith to ensure compliance with the processes outlined here. Both parties also agree that the application of these Mass Filing procedures has been reasonably designed to yield an efficient and just resolution of such cases.
(10) Separability: If any part of this Arbitration Agreement is found void, invalid, or otherwise unenforceable, that part will be treated as separate and, if possible, replaced by a valid, enforceable provision, or portion thereof, that aligns with the original intent of the provision. The rest of this Arbitration Agreement will remain enforceable and valid according to its terms.
14. Waiver of Class Action and Jury Trial.
Both you and RDCARTECH.COM acknowledge that, as far as the law allows, each party can only initiate claims against the other party as individuals, whether in a court setting or through arbitration. Neither party can partake as a plaintiff, claimant, or member of a class, collective, consolidated, private attorney general, or representative legal action. This implies that you and RDCARTECH.COM cannot bring a claim representing a class or group, and you cannot bring a claim on behalf of anyone else, except in instances such as acting as a parent, guardian, or legal protector for a minor or someone who is unable to initiate their own individual claim. This also means that you and RDCARTECH.COM are not eligible to participate in any class, collective, consolidated, private attorney general, or representative proceeding initiated by a third party. Nevertheless, you or RDCARTECH.COM retain the right to participate in a settlement that involves a whole class. As permitted by law, both you and RDCARTECH.COM renounce any entitlement to a trial by jury.
15. Time Constraint for Claims
You consent that regardless of any opposing statute or legal regulation, any claim or legal cause that arises due to the use of our websites or the Agreement must be submitted within one (1) year from the point when such claim or cause of action occurred, or else it will be permanently barred.
16. Miscellaneous.
We might have an obligation based on international, state, or federal law to inform you about specific events. You acknowledge and agree that such notifications will be deemed effective once we post them on our websites or send them to you via email.
Apart from the arbitration clause mentioned earlier, and for all intents and purposes concerning this Agreement, this Agreement will be interpreted according to the laws of the State of New York, without considering the principles of choosing the governing law. Both you and RDCARTECH.COM irreversibly consent to the jurisdiction of the federal or state courts situated in New York, New York, specifically the Borough of Manhattan (“Courts”), for any legal action, lawsuit, or proceeding connected to this Agreement, the Services (including any Content), and you give up any objection to the suitability of any of the Courts for such actions, lawsuits, or proceedings (regardless of the basis, like forum non conveniens or otherwise).
Moreover, you agree not to initiate any such legal action, lawsuit, or proceeding in any court other than the Courts.
This Agreement constitutes the comprehensive agreement between the parties concerning the subject matter and overrules any prior written or verbal agreements between them related to the same subject.
In case of any inconsistency between the terms of this Agreement and any supplementary terms and conditions posted on the Services, these terms will be interpreted to remove any inconsistency, if feasible, and if not, the additional terms and conditions will take precedence.
If any part of this Agreement is found to be invalid, illegal, or unenforceable in any aspect, (i) that part will be interpreted to preserve the parties’ intention as much as possible, (ii) the validity, legality, and enforceability of the remaining provisions will remain unaffected, and (iii) this ruling will not impact the validity, legality, or enforceability of that provision under different circumstances.
RDCARTECH.COM’s failure to enforce any term in this Agreement does not mean a waiver of that provision. No waiver will be valid unless it’s in writing and signed by RDCARTECH.COM, and this waiver won’t be seen as a waiver of any other or future breach by RDCARTECH.COM.
17. Residents of New Jersey.
In case New Jersey law is applicable and pertains to New Jersey residents, certain sections such as Section 6 (to the extent that claims might emerge from consumer protection, fraud, misrepresentation, or involve attorney’s fees), 9, and 14 will not restrict any consumer rights you might possess under New Jersey law. These sections are designed to be as comprehensive and inclusive as permitted by the laws of the state you reside in. Nevertheless, RDCARTECH.COM, third-party content providers, and their agents maintain all rights, defenses, and allowable limitations as per New Jersey law, in accordance with the above. This section does not alter the enforceable arbitration clause, waiver of class action, and waiver of jury trial outlined in Section 13.
18. Residents of Australia.
The provisions within these Terms (including Sections 6, 9, and 15) do not place any restrictions, exclusions, or alterations on the rights that you might possess under any law, including the Australian Consumer Law (ACL) and the consumer guarantees stipulated by the ACL. These rights cannot be restricted, excluded, or modified through agreements, even if attempting to do so would be deemed unlawful or invalid under such laws.