Terms and Conditions of Use
Last Revised: October 2019
RDM Corporation (“RDM”) maintains the www.rdmcorp.com website. As used herein, “RDM”, “we”, “us”, “our” or “ours” refers to RDM Corporation and its affiliates. “Customer”, “Account Holder”, “you”, “your” or “yours” refers to the customer accessing this Site and purchasing and using the Products or Services together with any company or other business entity you are representing, if any.
RDM provides you access and use of our websites, including www.rdmcorp.com and other Internet sites and mobile apps operated by or for RDM (collectively, the “Sites”), subject to your compliance with these terms and conditions of use (the “Site Terms”). By accessing, browsing and using the Sites, you agree to be bound by the Site Terms and all applicable law. If you do not agree to be bound by the Site Terms and applicable law each time you use the Sites or you do not have the authority to agree to or accept these Site Terms, you may not use the Sites.
You are granted permission to access and use this Site and its Content (as defined below) for the sole purpose of preparing, evaluating, and purchasing RDM’s Products and Services through the Site. No other download, retention, use, publication, or distribution of any portion of the Content is allowed.
By accessing, using and placing orders on the Site, using any of our Products or Services and/or electronically accepting any of our Agreements, you represent and warrant that you are at least 18 years of age and/or are otherwise recognized as being able to form legally binding contracts under applicable law, If you are agreeing to these Site Terms or any of our other Service Agreements on behalf of a corporate entity, you represent and warrant that you have the legal authority to similarly bind such corporate entity.
Related Policies and Terms
The Site Terms apply exclusively to your access to, and use of, the Sites and do not alter in any way the terms or conditions of any other agreement you may have with RDM for products, services, or otherwise.
Modification of Site Terms
RDM reserves the right to modify these Site Terms in our sole discretion from time to time. If the Site Terms are changed, we will post the new terms on the Sites and note the month and year they were last updated. Any changes or modification will be effective upon posting of the Site Terms as revised, and your use of the Sites following the posting will constitute your acceptance of the new Site Terms.
If you access the Sites from outside Canada or the U.S.A., you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
License and Site Access
RDM grants you a limited license to view the Sites, to print individual pages from the Sites, and electronically copy pages from the Sites for the sole purpose of using materials it contains for informational and non-commercial, personal use only. This license is conditional on your strict compliance and acceptance without modification of the Site Terms.
This license does not include, without limitation: (a) any resale or commercial use of the Sites or any Site Materials (defined below); (b) modification, adaptation, translation, reverse engineering, decompilation, disassembly or conversion into human readable form any of the Site Materials not intended to be so read, including use of or directly viewing the underlying HTML or other code from the Sites except as interpreted and displayed in a Web browser; (c) copying, imitating, mirroring, reproducing, distributing, publishing, making available, downloading, displaying, performing, posting or transmitting any Site Materials (including any RDM trademarks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or other means; (d) the collection, use or disclosure of any product listings, prices or descriptions; (e) making derivative uses of the Sites and any Site Materials; or (f) use of any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the Site Materials or to scrape or collect any information from the Sites or any other user of the Sites.
Except as noted above, you are not conveyed any right or license by implication, waiver, estoppel, or otherwise in or under a patent, trademark, copyright, or proprietary right of RDM or any third party. You may not use any meta tags or any other “hidden text” utilizing RDM’s corporate names, trade names, trademarks, product names or service names without our express written consent. “Site Materials” means all information, software and materials on the Sites, including, without limitation, trademarks (as specifically defined in these Site Terms) design, product names, prices and descriptions, HTML text, graphics, other files, photographs, codes, layout, designs, forms and the selection and arrangement thereof.
We may terminate this license and your use of or access to the Sites if you make or permit any unauthorized use of the Sites. Such actions by you may violate applicable law including, without limitation, copyright laws, trademark laws (including trade dress), patent laws, and communications regulations and statutes. We reserve the right to initiate civil or criminal proceedings, or both, against all violators to the fullest extent of the law.
Changes, Misprints and Errors
Subject to applicable law, we: (a) reserve the right to change the goods and services advertised or offered for sale through the Sites, the prices or specifications of such goods and services, and any promotional offers and any other Site Materials at any time and from time to time without any notice or liability to you or any other person; (b) cannot guarantee that goods or services advertised or offered for sale on the Sites will be available when ordered or thereafter; (c) reserve the right to limit quantities sold or made available for sale; (d) do not warrant that the Site Materials (including without limitation product descriptions or photographs) are accurate, complete, reliable, current or error-free; and (e) reserve the right to cancel, to terminate or not to process orders (including accepted orders) where the price or other material information on the Sites is inaccurate or when we recognize abuse of our policies. If we do not process an order for such reason, we will advise you that the order has been cancelled and will either not charge you or will apply credit to the payment type used in the order. Some jurisdictions may not allow the exclusions and disclaimers of certain implied warranties, so some of the provisions of this section may not apply to you.
RDM may provide communications and notices to you by means of a general notice on the Site or by email to the address on record in Your Account (as defined below) or by written communication sent by first class mail or prepaid post to your address on record. Such notice shall be deemed effective within forty-eight hours of transmission by mail or within twelve hours of transmission by email or by notice on the Site. You may withdraw your consent to receive electronic communications, however doing so may also require that you discontinue your use of the Site. You may provide notice to RDM by sending an email to HWCustomerService@deluxe.com by sending a written notice by first class mail or prepaid post to:
Attention: Hardware Customer Service
619A Kumpf Drive
Waterloo, ON N2V 1K8
Such notice shall be deemed effective when received by us.
Passwords and Security
In order to transact a purchase on the Site you must first complete the registration process where you will provide RDM with your billing and contact information (“Your Account”). You agree to provide and maintain accurate, current and complete Your Account information about you, and any entity on whose behalf you order Products or Services.
You are responsible for maintaining the confidentiality of the password and for restricting access to the device you use to access the Sites, and you agree to accept responsibility for all activities that occur on your account or with your password. In the event that the confidentiality of your account or password is compromised in any manner, you will notify RDM immediately. RDM reserves the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Sites and your account, including without limitation, terminating your account, changing your password or requesting information to authorize transactions on your account. Notwithstanding the above, RDM may rely on the authority of anyone accessing your account or using your password and in no event will RDM be held liable to you for any costs, liabilities or damages resulting from or arising out of (i) any action or inaction of RDM under this provision, (ii) any compromise of the confidentiality of your account or password, and (iii) any unauthorized access to your account or use of your password.
All Site Materials are owned by us and others and are protected by Canadian and international copyright, trademark and other applicable laws.
Restrictions on Use
Except as stated in the Site Terms, none of the materials and intellectual property described in these Site Terms (including Site Materials) may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of RDM or the respective intellectual property owner. You may electronically copy and print to hard copy portions of the Sites for the sole purpose of using materials it contains for informational and non-commercial, personal use only. Any other use of the materials in the Sites (including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance without the prior written permission of RDM) is strictly prohibited.
Any software, including any files, code, images incorporated in or generated by the software, and data accompanying the software (collectively “Software”), that may be made available on the Sites is licensed to you for use on a non-exclusive and limited basis. RDM shall retain full and complete title and all intellectual property rights to Software. You shall not copy, communicate to the public, make available, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works from any Software.
Third Party Links
RDM makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Sites, or third-party websites linking to the Sites. Any such hyperlinks provided by RDM are for your reference only and are used at your own risk.
Use of the Site
If you register on the Sites or otherwise provide information to us via the Sites or through other electronic or non-electronic forms of communication, you agree that any such information will be current, accurate and complete.
You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of email or submissions to RDM, or postings on the Sites (“Submissions”) are non-confidential and that you remain solely responsible and liable for your Submissions. You further hereby grant (or warrant that the owner of the Submissions has granted) to us and our assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on our part or that of our assigns, and you hereby waive all moral rights, or agree, represent and warrant that all moral rights in the Submissions (including without limitation the rights of paternity, attribution and integrity) are irrevocably waived, in favor of us and our assigns.
Restrictions for Submissions
By using the Sites, you agree not to do any of the following:
- Upload to, distribute, create through or otherwise publish through the Sites any message, information, text, file, hyperlink, or other material (“Content”) that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, false or misleading, abusive, inflammatory, contains nudity or is otherwise objectionable;
- Upload or transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law, including without limitation, the regulations of any provincial securities commission or other securities commission such as the U.S. Securities and Exchange Commission, or any rules of any securities exchange such as the Toronto Stock Exchange, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ Stock Market;
- Upload or transmit any Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual, industrial or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to communicate, make available, display, distribute and reproduce such Content;
- Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
- Upload to, distribute or otherwise publish through the Sites any Content such as charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes, advertising or solicitations for funds, political campaigning, mass mailings, any form of unsolicited commercial email or “spam,” (regardless of whether the email itself complies with the requirements of applicable law for sending commercial electronic messages) or offering or disseminating fraudulent goods, services, schemes or promotions;
- Upload any Content that contains any private or personal information of a third party without such third party’s consent; and
- Disseminate any harmful content of any kind, including without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancel bots, spyware, malware, malicious code or scripts, or any other items that may damage, interfere with, provide unauthorized access to, surreptitiously intercept, or expropriate any system, program, data or personal information.
Policies and Enforcement
Responsibility for Your Conduct
You represent and warrant that you have and will retain all rights necessary to grant the licenses to RDM under these Terms. You remain solely liable for the Content of any messages or other information you upload or transmit to interactive areas of the Sites. You agree to indemnify and hold harmless RDM and its parents, subsidiaries, affiliates, employees, agents and representatives from any claim, action, demand, loss, or damages (including legal fees) made or incurred by any third party arising out of or relating to your conduct, your violation of these terms and conditions or any applicable law, or your Submissions (including Content), your violation of any rights of a third party. Indirect or attempted violations of these Site Terms or any policy, and actual or attempted violations by a third party on behalf of a user of the Sites will be considered violations of these Site Terms by such user.
Purchases of Products or Services; Transfer of Title
Prices are F.O.B. shipping point. This means that the risk of loss and title for Products you order from RDM passes to you upon our delivery to the carrier. For any Product or Service that is to be provided to you in an electronic format, delivery shall be deemed to have occurred either (a) at the time we transmit the Product via email or other electronic communication addressed to you, or (b) at the time we transmit a notification to you that the Product is available for downloading from the Site. Provincial Sales Tax (PST), Quebec Sales Tax (QST), Goods & Services Tax (GST), Harmonized Sales Tax (HST), and/or U.S. State Sales Tax will be added to your order when and where applicable. If you are exempt from sales tax, please provide us with a copy of your resale exemption certificate.
Submission of an online order and/or your signature on our Order Acknowledgment is a conditional acceptance by RDM of your offer to purchase our goods and your acceptance of our terms and conditions. It may contain terms that differ from or add to those contained in your purchase order, should you have one, and to the extent that this is the case, RDM hereby expressly conditions its acceptance of your offer on RDM’s agreement of the additional or different terms. Your receipt and retention of the goods covered by this invoice shall constitute acceptance of any such additional or different terms.
Some of our Products and Services may be offered on a free or limited trial basis. Unless otherwise stated, these offers are limited to one free or limited trial offer per person or entity during any 12-month period. If you do not cancel your trial subscription during the offer period, RDM will charge the credit card you provided during the registration process any applicable monthly fees.
Fees and Payments
You agree to pay any and all fees and payments due for Products or Service purchased at this Site at the time they are ordered or per an existing contract with RDM. All fees and payments due are in U.S. dollars and are non-refundable unless otherwise expressly noted, even if your Services are suspended, terminated, or transferred prior to the end of the Services term.
Unless otherwise stated, you may pay for Products and Services via ACH, check, or credit card. You acknowledge and agree that it is your sole responsibility to modify and maintain your account settings, including ensuring a valid payment option is available. You must notify RDM of any billing problems or discrepancies within fifteen days after they first appear on your bank account or credit card statement, by not doing so, you waive any right to dispute any such discrepancy.
If RDM is unable to charge your bank account or credit card for the full amount owed for the Products and Services ordered, or if we incur a chargeback for any fee we previously charged to your credit card, you acknowledge that RDM may pursue all available lawful remedies in order to obtain payment including immediate cancellation without notice to you of any Services registered or renewed on your behalf.
RDM reserves the right to charge you reasonable additional fees for, e.g. (i) service upgrades (one-time non-recurring charges) to be invoiced to you in the following billing cycle, (ii) tasks we may perform for you that are outside the normal scope of our Services, (iii) additional time and/or costs we may incur in providing our Product and Service to you, and/or (iv) your noncompliance with these Site Terms as determined by us in our sole discretion. These additional fees will be billed to the credit card or other payment method you have on file with RDM.
RDM expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications will be posted online at this Site or otherwise communicated to you using the information on file with us and as required by law, and effective immediately without further notice to you. If you have purchased Products or Services for a fixed time period, changes or modifications in prices and fees will be effective when the Product or Service in question comes up for renewal. If you find any pricing change unacceptable, you may cancel your Service subscription(s) and terminate your Customer Account, however RDM Canada will not be obligated to refund any remaining portion of your pre-paid fees.
Shipping and Delivery
RDM is committed to estimating shipping charges as accurately as possible. However, on rare occasions, we may underestimate or overestimate the shipping charges on your order. In such an event we may make reasonable authorized adjustments to your shipping charges. You will always be contacted about additional charges. Refusal of charges may delay delivery of your order.
The following applies to all Shipping and Delivery:
- RDM is not liable for incorrect shipping addresses, undeliverable packages/3rd delivery attempts or other errors created by you.
- RDM is not liable to damages to the products arising after delivery to you.
- RDM is not able to ship to APO, FPO, or PO boxes.
- RDM makes every attempt to have your merchandise ship from our distribution facility on or before the date specified in your order confirmation or desired due date, in the event that there is a delay you will be notified immediately. RDM typically provides tracking information upon request.
- Orders of excessive size or weight may be shipped via common carrier (freight); you will be notified if this is necessary.
- RDM ships from various manufacturing facilities throughout the U.S. and Canada. If your order contains multiple items, these items may arrive in separate shipments.
- All products become your property at the time they are accepted by the shipping service.
- Shipping transit times vary, and RDM assumes no responsibility for delays caused by acts of god, shipping carriers, weather, circumstances beyond our direct control, or any damages resulting from the failure to receive an order on time. Your order may arrive late due to unforeseen delays in delivery service, the breakdown of equipment, illness, etc.
- Target arrival dates are calculated by adding the project turnaround time to the shipping transit time. Both production and shipping times are based on business days only and do not include weekends or U.S. or Canadian holidays. Shipment and delivery dates are the best estimates and RDM is not liable for any consequential or special damages arising from any delay or delivery.
Claims and Returns
If problems arise, please reach out to us within 15 days of receiving your package. A good way to meet this time frame is to open your order immediately. When reaching out to RDM, have your order number available. Unauthorized returns are not accepted. Our customer service team is here to help, and, if needed, may provide you with a Return Material Authorization number (RMA) and a special shipping address to send your package back to RDM.
This website is designed for and intended for use by adults. If you are under 18, you may use the Sites only with involvement of a parent or guardian. If you are a parent or legal guardian, you must monitor and supervise the use of the Sites by children, minors and others under your care. You agree to be responsible for their use of the Sites.
THIS SECTION DOES NOT AFFECT THE LEGAL WARRANTY PROVIDED FOR UNDER QUÉBEC LAW. THE SITES AND THE MATERIALS PROVIDED HEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. RDM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT WITH RESPECT TO THE SITES AND MATERIALS, CONTENT, SERVICES AND PRODUCT ON THE SITES. RDM DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. RDM DOES NOT REPRESENT OR WARRANT THAT THE SITES IS FREE FROM TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. RDM DOES NOT REPRESENT OR WARRANT THAT THE SITES OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, EVEN IF RDM OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE THAT USE OF THE SITES, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITES IS AT YOUR SOLE RISK.
Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by RDM.
Limitation of Liability
IN NO EVENT SHALL RDM BE LIABLE FOR ANY DIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH RDM’S OPERATION OF THE SITES OR WITH THE USE OR INABILITY TO USE THE SITES OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THE SITES, EVEN IF RDM OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF RDM (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF THE SITES EXCEED $5 OR THE COMPENSATION YOU PAID RDM, WHICHEVER IS LESS.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.
You shall indemnify, defend, and hold RDM, its officers, directors, employees, shareholders, agents, affiliates, licensors and subcontractors harmless from any claim, cost, loss, damage, liability, judgment, and expense (including reasonable attorneys’ fees), arising out of or related to any act or omission by you in using the Site or any Product or Service ordered via the Site, including but not limited to your violation of these Site Terms or policies found on the Site or infringement of any third party proprietary rights by you.
Applicable Law, Venue and Limitation of Actions
This section does not apply in the Province of Québec. These Site Terms shall be governed by and construed in accordance with the laws of the Province of Ontario applicable to agreements made and entirely to be performed within the Province of Ontario, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. Regardless of where you access the Sites, you agree that any action at law or in equity arising out of or relating to these Site Terms shall be filed and adjudicated only in the federal or provincial courts located in Ontario (Judicial District of Ottawa), and you hereby irrevocably and unconditionally consent and attorn to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding arising out of these Site Terms.
Notwithstanding any of these terms and conditions, RDM reserves the right, without notice and in its sole discretion, to terminate your license to use the Sites, and to block or prevent future access to and use of the Sites if you violate any of these Site Terms. Upon termination, these Site Terms shall still apply.
This electronic document and any other electronic documents, policies and guidelines incorporated herein will be: (i) deemed for all purposes to be a “writing” or “in writing,” and to comply with all statutory, contractual, and other legal requirements for a writing; (ii) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (iii) deemed an “original” when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or administer of proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.
If any provision of the Site Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of these Site Terms and shall not affect the validity and enforceability of any remaining provisions.
No waiver, express or implied, by RDM of any breach of or default under these Site Terms will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
The parties hereto acknowledge having expressly required that the Site Terms and all related policies and terms are to be drawn up in the English language. Les parties aux présentes reconnaissent avoir expressément exigé que les Conditions et règlements du site ainsi que toutes les politiques et règles s’y rapportant soient rédigées en anglais.
If you are experience difficulties in using the Site, please send an email to: HWCustomerService@deluxe.com.
All sections of this Agreement which, by their nature, should, shall survive termination including payment, indemnity and the disclaimers of warranty and limitations of liability.