Terms & Conditions

Effective on: 1/17/2014

RHODE NYC, LLC knows that you care how information about you is used and shared. This notice describes RHODE’s terms & conditions for our web site (the "Web Site") including all online services and functions.

Your use of this web site confirms your acceptance of the following terms and conditions. If you do not accept these terms and conditions then do not use this web site. Please also read our Privacy Policy, which also governs your use of this Web Site. We reserve the right to make changes to our terms & conditions and our Privacy Policy at any time.

1. Order Acceptance and Cancellation

   Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason, whether or not your credit card has been charged. If your credit card has been charged and your order is canceled, you will receive a prompt refund credit to your account.

2. Payment Terms, Shipping Fees, and Taxes / Duties

   Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, shall be as follows: At the time you place your order, you will be required to pay 100% amount due plus shipping fees and taxes.  If you are shipping within the United States of America, sales tax will be charged on orders. This tax will be charged at such time as the Product is ready for shipment. No other tax or import duty will be applied to orders shipped within the United States. If you are shipping outside the United States, no taxes or duties will be charged by us. As the recipient, you will be liable for all import duties, customs and local sales taxes levied by the country you are shipping to; payment of these amounts will be necessary to release your order from customs on arrival. We accept payment for all purchases through third-party payment processors. You agree to be bound by and accept the terms and conditions of those processors. Further, you represent and warrant that: (i) the credit card information you supply to us, our vendors, and our affiliates is true, correct, and complete; (ii) charges incurred by you will be honored by your credit card company; and (iii) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any. All payments must be in United States dollars. Charges for shipping and handling will be made in accordance with our then-current shipping policies.

3. Products, Content and Specifications

   All features, content, specifications, products and prices of products and services described or depicted on this Web Site are subject to change at any time without notice. All weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Web Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.

4. Shipping

   When an order is placed, it will be shipping to an address designated by the purchaser. All purchases from this Web Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Web Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. These shipping terms, including the terms set forth in our Shipping Guidelines, are accepted by you by placing an order with us.

5. Accuracy of Information

   We attempt to ensure that information on this Web Site is complete, accurate and current. We make no representation as to the completeness or accuracy of any information on this Web Site. For example, products included on the Web Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Web Site. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.

6. Limitation of Liability

   We assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Web Site or your downloading of any materials, from this Web Site.

7. Return Policy

   For any returns you must email care@rhoderesort.com in regards to your claim. After a legitimate claim is filed, there will be a processing period of 10 to 15 business days. During this period, Rhode Resort will do everything possible to promptly and accurately determine the cause of damage or repair whatever damage might exist. If it becomes necessary to issue a reimbursement to one of our customers we reserve up to 30 days for processing. For all orders placed by credit card, reimbursement will always be in the form of a credit to the card used for payment. Please Note: We only process returns and exchanges that were purchased through the online store. Garments acquired from department stores or specialty stores must be returned to the store in which it was bought.

8. Contests and Promotions

   On occasion RHODE issues promotional codes, site credits, and similar “gift certificates” to customers in the form of alphanumeric codes which will provide a credit towards a rhoderesort.com purchase when redeemed at check out. These codes are non-transferrable, and are to be used only by the intended recipient. In particular, RHODE reserves the right to cancel a promotion and/or to reject redemption of a promotional code when the total value of the promotional code exceeds a certain financial value, generally the price of the item for which the promotional code is used. Multiple promotional codes may not be used for one order transaction. Where a promotion has been communicated via email the promotional code is non-transferable and the email address provided during checkout must be the same as the email address to which the promotion was sent. RHODE shall not be liable to any customer for any financial loss arising out of the refusal, cancellation or withdrawal of a Promotion or any failure or inability of a customer to use a promotional Code for any reason.

9. Miscellaneous

   These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter hereof. These terms and conditions may not be altered, supplemented, or amended by the use of any other documents. The laws of the State of New York, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of this Web Site and the purchase of Products. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the state and federal courts of New York with respect to such matters. Any cause of action brought by you against us must be instituted within 1 year after the cause of action arises or be deemed forever waived and barred.

10. Use of this Web Site


    The Web Site design and all text, graphics, information, designs, logos, content, and other material displayed on or that can be downloaded from this Web Site are property of, or used with permission by, RHODE and are protected by U.S. and International copyright, trademark and other laws. You may not modify the information or materials located on this Web Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose. All software used on this site is the property of RHODE or our software suppliers and is protected by U.S. and International copyright laws. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.

11. Electronic Communications


    When you visit this site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that we may send email to you for the purpose of advising you of changes or additions to this site, about any of our products or services, or for such other purposes as we deem appropriate.

12. International Access


    This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.

13. Trademarks

    
Certain trademarks, trade names, service marks and logos used or displayed on this Web Site are registered and unregistered trademarks, trade names and service marks in the U.S. and other countries of us and our affiliates. Nothing contained on this Web Site grants, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Web Site without our written permission.

14. Linking to this Web Site


    Creating or maintaining any link from another Web Site to any page on this Web Site without our prior written permission is prohibited. Running or displaying this Web Site or any material displayed on this Web Site in frames or through similar means on another Web site without our prior written permission is prohibited. Any permitted links to this Web Site must comply with the terms and conditions of our permission as well as all applicable laws, rule and regulations.

15. Third Party Links


    From time to time, this Web Site may contain links to Web sites that are not owned, operated or controlled by us or our affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Web Site. Neither we nor any of our affiliates are responsible for any content, materials or other information located on or accessible from any other Web site. Neither we nor any of our affiliates endorse, guarantee, or make any representations or warranties regarding any other Web site, or any content, materials or other information located or accessible from such Web sites, or the results that you may obtain from using such Web sites. If you decide to access any other Web site linked to or from this Web Site, you do so entirely at your own risk.

16. Inappropriate Material


    You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we reasonably determine that you have violated or are likely to violate the foregoing prohibitions, we may take any action we reasonably deem necessary to cure or prevent the violation. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.

17. User Information


    Other than personally identifiable information, which is subject to this Web Site's Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to this Web Site in any manner is and will be considered non-confidential and non-proprietary. We, each of our affiliates and/or our designees may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes, without payment of any consideration to you.

18. Revisions to these Terms and Conditions


    We may revise these Terms and Conditions at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages at this Web Site.

19. Choice of Law; Jurisdiction


    These Terms and Conditions supersede any other agreement between you and us to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms and Conditions will be governed by and construed in accordance with the State and Federal laws of the State of New York, without giving effect to any principles of conflicts of laws. A printed version of these Terms and Conditions shall be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

20. Termination


    Rhode Resort reserves the right to terminate service and refund customers at any time for any reason. We reserve the right to change, suspend, or discontinue all or any aspect of this Web Site at any time without notice.

21. Additional Assistance

    
If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact us at care@rhoderesort.com

Mobile Message Services Terms and Conditions

The RHODE Alerts service (the "Service") is operated by RHODE ("RHODE", "we", or "us"). Your use of the Service constitutes your agreement to these terms and conditions ("Mobile Terms"). We may modify or cancel the Service or any of its features without notice. We may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and Data Rates May Apply.

Text messages may be sent using an automatic telephone dialing system or other technology. Your consent to receive autodialed marketing text messages is not required as a condition of purchasing any goods or services. If you have opted-in, the Service provides updates, alerts, information, promotions, specials, and other marketing offers from RHODE via text messages through your wireless provider to the mobile number you provided. Message frequency is recurring. Text the single keyword command STOP to +1 833-859-1907 to cancel at any time. You'll receive a one-time opt-out confirmation text message. If you have subscribed to other RHODE mobile message programs and wish to cancel, you will need to opt-out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP to +1 833-859-1907 or email care@shoprhode.com.

We may change any short code or telephone number we use to operate the Service at any time. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you change your mobile phone number, you agree to opt out of the Service prior to changing your mobile number.

You agree to indemnify, defend, and hold us harmless from any third party claims, liability, damages or costs arising from your use of the Service or from you providing us with a phone number that is not your own.

You agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.