Terms Of Service

Thanks for using RLSDesigninc.com. These General Terms of Service (“General Terms”), along with any applicable Additional Terms (defined below) (collectively, the “Terms”) cover your use and access to the products, services, software, platform and websites (collectively, “Services”) provided by RLS Design Incorporated and any of our affiliates (collectively, “RLS Design”). By using our Services, you agree to be bound by these General Terms as well as our Privacy Policy. If you are using our Services as the employee or agent of an organization, you are agreeing to these Terms on behalf of that organization. Please note that the statements set forth under the headings “In Other Words” are provided as a courtesy solely for your convenience and are not legally binding or otherwise intended to modify these Terms in any way.

You must be the legal age of majority in your state of residence or otherwise able to form a binding contract with RLS Design in order to use the Services. In no event is use of the Services permitted by those under the age of 13.

In addition to these General Terms, your use of specific Services may be governed by additional terms and conditions (“Additional Terms”) such as:

If there is any conflict between the terms in the General Terms and the Additional Terms, then the Additional Terms govern in relation to that Service. Certain of our Services are offered by subsidiaries, where noted in the applicable Additional Terms.

In Other Words,

By using RLS Design, you agree to our Terms of Service. You also need to be an adult, as defined by the state where you live (usually that means 18 years of age).

  1. Consent to Receive Emails

By creating an account, you agree that you may receive communications from RLS Design, such as newsletters, special offers, and account reminders and updates. You also understand that you can remove yourself from promotional communications by clicking the “Unsubscribe” link in the footer of the actual email. You cannot opt out of essential communications regarding your account, such as renewal notices.

In Other Words,

RLS Design may send you emails, but you can unsubscribe from promotional emails at any time.

  1. Acceptable Use of Communications Services

Our Services include a large number of what are collectively called “Communications Services.” These include services such as live chats, comment threads, blog posts, question and answer products, customer service communication forums, calendars, and other message services. You agree to use the Communications Services only to post, send, and receive messages or materials proper to and related to the particular Communication Service. When using a Communication Service, you agree that you will not do any of the following:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others.
  • Publish, post, upload, distribute or disseminate any names, materials, or information that is considered inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful.
  • Create a false identity, represent yourself as someone else, or sign an agreement as someone else or on behalf of someone else or otherwise falsify or delete in an uploaded file any significant attributions or notices.
  • Upload files that contain software or other material protected either by intellectual property laws or by the rights of privacy or publicity except when
      1. you own or control the necessary rights, or
      2. you have received all necessary consents to do so.
  • Upload corrupted files, files that contain viruses, or any other files that may damage the operation of another’s computer.
  • Advertise, offer to sell, or offer to buy anything for business purposes except to the limited extent any particular Communication Service expressly allows such activity.
  • Restrict or inhibit any other user from using and enjoying the Communications Services.
  • Harvest or otherwise collect any information about other users, either individually or in the aggregate, or about the Services generally.
  • Violate any code of conduct or other guidelines, which may be applicable for any particular Communication Service.
  • Violate any applicable laws or regulations.

Although RLS Design has no obligation to monitor the Communications Services, we reserve the right, in our own discretion, to review and remove materials posted to a Communication Service (in whole or in part), terminate or limit any user’s access to the Communications Services, or take other steps that we believe are appropriate to prevent abusive or unreasonably burdensome use of the Communications Services. RLS Design reserves the right to disclose any materials posted, information or activity as necessary to satisfy any applicable law, regulation, legal process, or governmental request.

In Other Words,

We offer a lot of ways to communicate through our Service, like message boards, live chats, blog comments, and more. You agree to use those Services as intended, and not to post anything illegal or abusive.

  1. No Unlawful or Prohibited Use

You can only use our Services if doing so complies with the laws of your jurisdiction(s). The availability of our Services in your jurisdiction(s) is not an invitation or authorization by RLS Design to access or use our website or Services in a manner that violates your local laws and regulations. By using our Services, you accept sole responsibility to ensure that you or anyone else who accesses your account to use our Services does not violate any applicable laws in your jurisdiction(s). To enforce this provision, RLS Design reserves the right to refuse membership, or suspend or terminate your account immediately and without prior notice at our sole discretion. 

You may not hack, “scrape” or “crawl” our Services, whether directly or through intermediaries such as spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds without express written permission from RLS Design. You may not access or attempt to access any information RLS Design has not intentionally made available to you on its Services via purchased subscription. Your use of the RLS Design Services does not entitle you to resell any RLS Design content without prior express written consent from RLS Design.

In Other Words,

If for any reason it would be illegal for you to use RLS Design Services, you agree not to do so.

  1. Intellectual Property Rights; License Grant

RLS Design retains all right, title and interest in and to its products and Services, including without limitation, engineering reports, engineering drawings, simulations, analysis, data, software, firmware, software code, CAD/CAM drawings, fabrication code, images, text, graphics, illustrations, logos, service marks, copyrights, photographs, videos, music, articles, document templates and all related intellectual property rights. Except as otherwise provided in the Terms, you may not, and may not permit others to:

    1. reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of any of our products and Services;
    2. sell, license, sublicense, rent, lease, distribute, copy, publicly display, publish, adapt or edit any of our products and Services; or
    3. circumvent or disable any security or technological features of our products and Services. 

The design, text, graphics and selection and arrangement of our Services and the legal forms, documents, guidance and all other content found on our Service (“Service Content”) are copyright © RLS Design Incorporated. All rights reserved.

RLS Design is a trademark of RLS Design, Inc. These and any other RLS Design product or Service names, logos or slogans displayed on our Service are trademarks of RLS Design Incorporated. You may not copy, imitate or use them, in whole or in part, without our prior written consent. In addition, the look and feel of RLS Design is the service mark, trademark and/or trade dress of RLS Design Incorporated and you may not copy, imitate or use it, in whole or in part, without our prior written consent. The names of actual companies and products you might encounter through us may be the trademarks of their respective owners. Nothing in these Terms or the Services should be understood as granting any license or right to use any of RLS Design’s or any third party’s trademarks displayed on our Services. All goodwill generated from the use of RLS Design’s trademarks is reserved for the use of RLS Design, exclusively.

Subject to your compliance with these Terms, you are hereby granted a non-exclusive, limited, non-transferable, revocable license to use the Services as we intend for them to be used.

When you transmit public-facing user content on RLS Design, you hereby grant RLS Design and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any such content, including throughout the world in any media. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation or compensation to you. You acknowledge and agree that RLS Design is authorized to collect and use aggregated or anonymized information from or about you and other users and user-created documents for the purposes of researching, developing, improving and marketing its Services.

Resale or unauthorized copying, use, storage, display or distribution of forms, articles, documents or other materials copied or downloaded from our Service is strictly prohibited. Use of these materials is for your personal or business use. Any resale or redistribution of our materials requires the express written consent of RLS Design. Any rights not expressly granted in these Terms are reserved by RLS Design.

In Other Words,

The RLS Design logo, software, trademarks, products, and Services belong to us. You agree not to copy or sell any of our intellectual property. As long as you follow these Terms, you’re welcome to use all RLS Design Services in the manner intended.

  1. Copyright and DMCA

If you believe that any material on our Service infringes upon any copyright which you own or control, you may file a U.S. Digital Millennium Copyright Act (DMCA) Notice of Alleged Infringement with RLS Design’s Designated Copyright Agent:

RLS Design Inc.

Attn: Legal Department

P.O. Box 155, 24001 Calle De La Magdalena, Laguna Hills, CA 92654

and email us via the contact page at rlsdesigninc.com

In Other Words,

We comply with the U.S. Digital Millennium Copyright Act, and expect our users to, as well.

  1. Links to Third Party Sites

RLS Design’s Service may contain links to third party resources and businesses on the Internet, called here “links” or “Linked Site(s).” Those links are provided for your convenience to help you identify and locate other Internet resources that may be of interest to you. 

RLS Design does not control, endorse or monitor the contents of any Linked Site. That includes, without limitation, any further link contained in a Linked Site, and any changes or updates to a Linked Site. RLS Design is not responsible for webcasting or for any other form of transmission received from any Linked Site. These Terms do not cover your interaction with Linked Sites. You should carefully review the terms and conditions and privacy policies of any Linked Sites.

If you use any service provided on a Linked Site, (a) RLS Design will not be responsible for any act or omission of the third party, including the third party’s access to or use of your customer data and (b) RLS Design does not warrant or support any service provided by the third party.

In Other Words,

The links we provide to other websites are for your information only. We don’t endorse and are not responsible for the content on those sites.

  1. Disclaimer of Representations and Liability

The information, software, products, and Services made available through RLS Design may include inaccuracies or typographical errors. RLS Design reserves the right at any time to modify, improve, suspend or deprecate certain features of our Services. Engineering and technical Information received via RLS Design should not be relied upon exclusively for personal, medical, engineering, product, business, or financial decisions; rather, we recommend you use information from our Service in conjunction with the advice of a qualified 3rd party engineering professional you engage and who has tailored expertise required for your situation. In other words, your use of our Services is at your own risk.

TO THE FULLEST EXTENT PERMITTED BY LAW, RLS DESIGN AND ITS AFFILIATES, SUBSIDIARIES, PROGRAM SPONSORS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. INFORMATION AND OPINIONS RECEIVED VIA OUR SERVICES SHOULD NOT BE RELIED UPON FOR personal, medical, engineering, product, business, or financial decisions WITHOUT CONSULTING AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL RLS DESIGN, ITS AFFILIATES, SUPPLIERS, PROGRAM SPONSORS OR DISTRIBUTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT RLS DESIGN HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

TO THE FULLEST EXTENT PERMITTED BY LAW, RLS DESIGN’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES SHALL IN NO EVENT EXCEED THE GREATER OF $500 OR THE AMOUNT PAID BY YOU TO RLS DESIGN FOR THE 3 MONTHS PRECEDING THE SERVICES IN QUESTION. 

THE PARTIES EXPRESSLY AGREE AND ACKNOWLEDGE THAT THE FOREGOING DISCLAIMERS AND LIMITATIONS OF LIABILITY FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.

Enforceability Guarantee Only Applies to Unmodified Documents

Please note that RLS Design’s guarantee of the enforceability of its engineering and product services only applies in the case that the documents are unmodified by you. If you modify the content of any service you obtain from RLS Design, RLS Design can no longer guarantee them.

In Other Words,

While we do our best to make sure everything is accurate and up to date, your use of our Services is at your own risk. Please don’t make personal, medical, engineering, product, business, or financial decisions without consulting a 3rd party professional. If you modify the content of any service obtained from RLS Design, the enforceability guarantee no longer applies.

  1. Release and Indemnity

By using our Service, you, on behalf of yourself and your heirs, executors, agents, representatives, and assigns, fully release, forever discharge, and hold RLS Design, its subsidiaries and partners (including any third-party companies engaged by RLS Design to fulfill business formation, registered agent or other business filing orders), your Program Sponsor (if applicable) and its affiliates, and its and their respective officers, employees, directors and agents, harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, and actions of any kind and injury (including death) arising out of or relating to your use of the Services. You agree that this release has been freely and voluntarily consented to and you confirm that you fully understand what you are agreeing to.

You agree to indemnify and hold RLS Design, its subsidiaries and partners (including any third-party companies engaged by RLS Design to fulfill any engineering and product development services), your Program Sponsor (if applicable) and its affiliates, and its and their respective officers, employees, directors and agent harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of any third party claims relating to your use of the Service, your violation of these Terms or your violation of any rights of another.

Program Sponsors are expressly intended third-party beneficiaries of the provisions of these Terms that expressly apply to Program Sponsors including, without limitation, this Section 8 (Release and Indemnity).

In Other Words,

RLS Design is not responsible for anything that happens as a result of you violating these Terms, violating someone else’s rights, or a third-party claim.

  1. Dispute Resolution By Binding Arbitration and Class Action Waiver

Most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing us through our contact page at rlsdesigninc.com. However, if RLS Design is not able to resolve a dispute with you after attempting to do so informally, then as a condition to your use of the Services we mutually agree to resolve such dispute through binding arbitration under the auspices of JAMS Alternative Dispute Resolution (“JAMS”). JAMS will administer any such arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States in the City of Irvine, Orange County, California. A party seeking arbitration must first send to the other, by certified mail, a written notice of dispute.

Any notice to RLS Design should be addressed to RLS Design, Inc., P.O. Box 155, 24001 Calle De La Magdalena, Laguna Hills, CA 92654, Attention: General Counsel. Any notice to you shall be sent to your address as set forth in RLS Design’s records of account or such other legal address as RLS Design is able to identify.

You may only resolve disputes with RLS Design on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.

Notwithstanding our agreement to arbitrate our disputes as provided above, the following exceptions will apply to the resolution of disputes between us:

  • Either you or RLS Design may assert claims, if they qualify, in small claims court in Orange County, California without first engaging in arbitration or the informal dispute-resolution process described above.
  • RLS Design may bring a lawsuit against you in any court of competent jurisdiction solely for injunctive relief to stop any unauthorized use or abuse of the Services or intellectual property infringement without first engaging in arbitration or the informal dispute-resolution process described above.
  • In the event that the agreement to arbitrate provided herein is found to be inapplicable or unenforceable for any reason, then as a condition to your use of the Services we agree that any resulting judicial proceedings will be brought in the federal or state courts of Orange County, California, and by your use of the Services you expressly consent to venue and personal jurisdiction of the courts therein.

RLS Design may, in the future, make changes to these provisions regarding dispute resolution and arbitration by providing notice in accordance with the “Modifications” section below. You may reject any changes to this section made during your Membership by sending us written notice. Such notice must be given within thirty (30) calendar days of the notice of modification to the following address: RLS Design Inc., P.O. Box 155, 24001 Calle De La Magdalena, Laguna Hills, CA 92654, Attention: General Counsel.

In Other Words,

If you have a problem with RLS Design and customer service can’t help, you waive your right to sue us, either individually in court or by class action. Instead, we’ll resolve your dispute using private arbitration.

  1. Controlling Law

These Terms are governed by the law of California, U.S.A., unless preempted by U.S. federal law, without regard to conflict of law rules.

In Other Words,

These Terms are governed by California state law.

  1. Entire Agreement

These Terms constitute the entire agreement between you and RLS Design with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights other than as specifically stated in Section 6 of these Terms.

In Other Words,

These Terms are the one and only official agreement between you and RLS Design.

  1. Waiver, Severability and Assignment

RLS Design’s failure to enforce a provision is not a waiver of its right to do so later. If a provision of these Terms is found unenforceable, the remaining provisions will remain in full effect and an enforceable term will be substituted reflecting the intent of the unenforceable language as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. RLS Design may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

In Other Words,

If for some reason RLS Design can’t or doesn’t enforce part of these Terms, the rest of the terms will still be valid.

  1. Modifications

We may revise these Terms from time to time and will always post the most current version on our website. By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised Terms. We encourage users to periodically review the Terms to ensure that you understand them in their entirety.

If you have any questions or concerns, please visit the contact page on www.rlsdesigninc.com and send a message at any time.

In Other Words,

We will always post the most current terms here on our website.

  1. North Carolina Residents

If you are a North Carolina resident, the following provisions will apply to your purchases from RLS Design:

  • The disclaimers of warranties and limitations of liability herein will not apply to you.
  • These Terms will not be construed to limit your recovery of damages or other remedies.
  • These Terms will not be construed to require you to agree to jurisdiction or venue in any state other than North Carolina for resolution of disputes between you and RLS Design
  1. Missouri Residents

If you are a Missouri resident, the following disclosure will apply to your purchases from RLS Design:

The Services provided by RLS Design are not an insurance product and are not regulated by the department of insurance, financial institutions and professional registration in the State of Missouri.