legal & privacy

Privacy Notice for Pagoda Red and Affiliate Sites

Last modified March 17, 2016

Welcome to the Pagoda Red Family of Websites, which includes the following websites:

pagodared.com
dealers.pagodared.com; and
any other Internet properties owned or controlled by the Company (collectively, our “Website”)

  1. Introduction and Application of this Privacy Notice

    Kailas International, Inc. d/b/a Pagoda Red (the “Company,” “us,” or “we”) respects your privacy and is committed to protecting it through our compliance with this Privacy Notice (this “Privacy Notice,” or this “Notice”).

    This Notice describes the types of information we may collect from you or that you may provide when you visit pagodared.com, dealers.pagodared.com, or any other Internet properties owned or controlled by the Company (collectively, our “Website”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.

    This Notice applies to information we collect:

    • On this Website.
    • In e-mail, text and other electronic messages between you and this Website, including any content contributed by you.
    • When you interact with our advertising and applications on third-party websites and services, if those advertising or applications include links to this Website.

    This Notice does not apply to information collected by:

    • Us offline or through any other means, including on any other website operated by our affiliates or third parties; or
    • Third parties or our affiliates by any means, including through any application, content, or advertising that may link to or be accessible from the Website.

    Please read this Notice carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not use our Website. By accessing or using this Website, you agree to this Privacy Notice. This Privacy Notice may change from time to time (see Changes to our Privacy Notice). Your continued use of this Website after we make such changes is deemed to be acceptance of those changes, so please check the Notice for updates each time you visit the Website.

    NOTE TO USERS FROM SWITZERLAND AND THE EUROPEAN UNION:This Notice and the Terms of Use above are governed by United States law, and we make no representation that the Website is appropriate or available for use in locations outside of the United States. Translations of the Website into languages other than English (if any) are for your convenience only. In the event you visit our Websites from outside the United States, please know that your information may be transferred to, stored, and processed in the United States, where our servers are located and our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country, but please be assured that we take steps to ensure that your privacy is protected. By using our services, you understand that your information may be transferred to our facilities and those third parties with whom we share it as described in this Notice.

  2. Children Under the Age of 13

    The Website is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know or suspect is a child under the age of 13. If you are under the age of 13, do not use or provide any information on the Website or on or through any of its features, register on the Website, or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or username you may use.

    If we learn we have collected or received personal information from a child under the age of 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under the age of 13, please contact us by sending us an e-mail stating your request to customerservice@pagodared.com or by writing to us at the address provided below.

    By using the Website, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

  3. Information We Collect About You and How We Collect It

    We collect several types of information from and about users of our Website, including information:

    • By which you may be personally identified, such as name, postal address, e-mail address, telephone number, or any other identifier by which you may be contacted online or offline (“Personal Information”);
    • That is about you or your actions on the Website but individually does not identify you, such as how you arrived at the Website; and
    • About your Internet connection, the equipment you use to access our Website, and usage details.

    We collect this information:

    • Directly from you when you provide it to us or contribute to the Website;
    • Automatically as you navigate through the Website. Information collected automatically may include usage details, IP addresses and information collected through cookies, web beacons, and other tracking technologies; and
    • From third parties, for example, our business partners.

  4. Information You Provide to Us

    The information we collect on or through our Website may include:

    • Information that you provide by filling in forms on our Website. This includes information provided at the time of purchasing a product from us, registering to use our Website, subscribing to our newsletter, contributing to any forum, reviews or comments, or requesting further information about our products. We may also ask you for information when you report a problem with our Website.
    • Records and copies of your correspondence (including e-mail addresses), if you contact us.
    • Your responses to surveys that we might ask you to complete for research purposes.
    • Details of transactions you carry out through our Website and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website.
    • Your search queries on the Website.

  5. Information We Collect Through Automatic Data Collection Technologies

    As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, including:

    • Details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.
    • Information about your computer and Internet connection, including your IP address, operating system, and browser type.

    The information we collect automatically is statistical data and does not include Personal Information, but we may maintain it or associate it with Personal Information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:

    • Recognize you when you return to our Website.
    • Store information about your preferences, allowing us to customize our Website according to your individual interests.
    • Speed up your searches.
    • Estimate our audience size and usage patterns.

    The technologies we use for such automatic data collection may include:

    • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting, you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
    • Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings that are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.
    • Web Beacons. Pages of the Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) that permit the Company or our business partners, for example, to count users who have visited those pages or opened an e-mail and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

    We do not collect Personal Information automatically, but we may tie this information to personal information about you that we collect from other sources or that you provide to us.

  6. Third-Party Use of Cookies and Other Tracking Technologies

    Some content or applications, including advertisements, on the Website are served by third parties, including advertisers, ad networks and servers, content providers, and application providers, including services known as Google Analytics, Optimizely, and others (see below for additional information regarding the Google Analytics and Optimizely services). These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Website. The information they collect may be associated with your Personal Information or they may collect information, including Personal Information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

    We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

  7. Advertisements and Opting Out

    We support the right of our visitors to choose. We strive to provide you with choices regarding the personal information you provide to us. We have created the following mechanisms to provide you with the control over your information:

    Tracking Technologies and Advertising.

    • Users can opt out of cookies at any time. You can also set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. The Network Advertising Initiative (“NAI”) provides online instructions and information on how to opt out of communications. Users can use their browser settings to decide whether to turn on and off cookies on the Website. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of the Website may then be inaccessible or not function properly.

    Research and Analytics.

    • Google Analytics. We use Google Analytics to better understand how visitors interact with the Website. This service provides Anonymous Information including but not limited to data on where visitors came from, what actions they took on the Website, and where visitors went when they left the Website. We use this information to improve your experience when visiting the Website. To learn more about this service and how to opt out of data collection by Google Analytics, you can reference Google’s online information regarding privacy and Google Analytics. We may also work with other business partners to conduct research surveys in order to improve the user experience on the Website. We encourage you read the privacy statements of these business partners to learn about their data practices.

    • Optimizely.In addition to Google Analytics, the Website uses a tool known as Optimizely, which provides a range of website analytics services for website optimization provided by Optimizely, Inc. (“Optimizely”). This service uses cookies to identify a visitor’s browser and track website usage while on the Website. The cookies do not collect Personal Information about you. For more information on how Optimizely uses your data, please visit Optimizely’s website and click on the link for “Privacy.” You can opt out at any time by following the instructions at Optimizely’s website.

  8. How We Use Your Information

    We use information that we collect about you or that you provide to us, including any Personal Information:

    • To present our Website and its contents to you.
    • To provide you with information, products or services that you request from us.
    • To fulfill any other purpose for which you provide it.
    • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
    • To notify you about changes to our Website or any products or services we offer or provide through it.
    • In any other way we may describe when you provide the information.
    • For any other purpose with your consent.

    We may also use your information to contact you about our own goods and services that may be of interest to you. If you do not want us to use your information in this way, please uncheck the relevant box at the final page of checkout before placing your order. Alternatively, you may send us an e-mail stating your request to customerservice@pagodared.com . For more information, see Choices About How We Use and Disclose Your Information.

    We may use the information we have collected from you to display advertisements to our advertisers’ target audiences. Even though we do not disclose your Personal Information for these purposes without your consent, an advertiser may assume that you meet its target criteria if you click on or otherwise interact with an advertisement.

  9. Disclosure of Your Information

    We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

    We may disclose Personal Information that we collect or you provide as described in this Privacy Notice:

    • To our affiliates.
    • To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep Personal Information confidential and use it only for the purposes for which we disclose it to them.
    • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by the Company about our Website’s users is among the assets transferred.
    • To fulfill the purpose for which you provide it.
    • For any other purpose disclosed by us when you provide the information.
    • With your consent.

    We may also disclose your Personal Information:

    • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
    • To enforce or apply our Terms of Use located above, or terms of sale and other agreements, including for billing and collection purposes.
    • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

  10. Choices About How We Use and Disclose Your Information

    We strive to provide you with choices regarding the Personal Information you provide to us. We have created mechanisms to provide you with the following control over your information:

    • Tracking Technologies and Advertising. See Section 7 above for information on how to opt out of tracking technologies and advertising.
    • Promotional Offers from the Company. If you do not wish to have your e-mail address and contact information used by the Company to promote our products or services, please uncheck the relevant box at the final page of checkout before placing your order. Thereafter, you may send us an e-mail stating your request to customerservice@pagodared.com . If we have sent you a promotional e-mail, you may forward us such email to customerservice@pagodared.com asking to be omitted from future e-mail distributions. However, this will not apply to information provided to the Company as a result of a product purchase, product service experience or other transactions.

    We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of NAI at NAI’s website.

  11. EXTERNAL LINKS

    We may provide links to various websites that we do not control. When you click on one of these links, you will be transferred out of our Website and connected to the website of the organization that you selected.

    We are not responsible for the nature, quality or accuracy of the content or opinions expressed on such websites, and such websites are not investigated, monitored or checked for quality, accuracy or completeness by us.

    Inclusion of any linked website on any of our Sites does not imply or express an approval or endorsement of the linked website by us, or of any of the content, opinions, products or services provided on these websites. Even if an affiliation exists between our Website and a third-party website, we exercise no control over linked sites.

    Each of such linked websites maintains its own independent privacy and data collection policies and procedures. While we expect our business partners and affiliates to respect the privacy of our users, we cannot be responsible for the actions of third parties. If you visit a website that is linked to or from our Website, we encourage you to consult that website’s privacy policy before providing any personal information and whenever interacting with any website.

  12. Accessing and Correcting Your Information

    You can review and change your Personal Information by logging into the Website and visiting your My account page on our Website. You may also send us an e-mail at customerservice@pagodared.com to request access to, correct or delete any Personal Information that you have provided to us. We cannot delete your Personal Information except by also deleting your user account, and even then it is possible we or our third-party processors may still have Personal Information on file related to your purchases, warranties, and other transaction related information. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

  13. Your California Privacy Rights

    Under California Civil Code § 1798.83, residents of the State of California that have provided any personally identifiable information to us have the right to request a list of all third parties to which we have disclosed personally identifiable information during the preceding year for direct marketing purposes.

    Alternatively, the law provides that if we have a privacy notice that gives either an opt-out or opt-in choice for use of personally identifiable information by third parties (such as advertisers or affiliated companies) for marketing purposes, we may instead provide you with information on how to exercise your disclosure choice options. In compliance with the second alternative, we have established this Website Privacy Notice that provides you with details on how you may either opt out or opt-in to the use of your personally identifiable information by third parties for direct marketing purposes.

    Additionally, CalOPPA requires us to disclose how we respond to “do-not-track” requests from our users. At this time, we do not currently respond to “do-not-track” requests from our users’ browsers.

  14. Data Security

    We have implemented measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions, user account pages, and administrative pages will be encrypted using SSL technology.

    The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

    Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted to our Website. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

  15. Changes to Our Privacy Notice

    It is our policy to post any changes we make to our Privacy Notice on this page with a notice that the Privacy Notice has been updated on the Website home page. If we make material changes to how we treat our users’ Personal Information, we will notify you through a notice on the Website’s home page. The date the Privacy Notice was last revised appears at the beginning of this Notice. You are responsible for ensuring we have an up-to-date active and deliverable e-mail address for you, and for visiting our Website and this Privacy Notice to check for any changes.

  16. Contact Information

    To ask questions or comment about this Privacy Notice and our privacy practices, contact us at customerservice@pagodared.com.

    © 2016, Kailas International, Inc. d/b/a Pagoda Red.

Terms of Use for Pagoda Red and Affiliate Sites

Last modified March 17, 2016

Welcome to the Pagoda Red Family of Websites, which includes the following websites:

pagodared.com
dealers.pagodared.com; and
any other Internet properties owned or controlled by the Company (defined below)

  1. Acceptance of the Terms of Use

    These terms of use are entered into by and between you and Kailas International, Inc. d/b/a Pagoda Red (“Company,” “we,” or “us”). The following terms and conditions, together with any documents expressly incorporated by reference herein, including the Privacy Notice found at the end of these terms of use (collectively, these “Terms of Use”), govern your access to and use of pagodared.com, dealers.pagodared.com, and any other Internet properties owned or controlled by the Company, including any related content, functionality, and services (collectively, the “Website”), whether as a guest or a registered user.

    Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use (including the limitations of liability, disclaimers, indemnification obligations and arbitration provisions herein) and our Privacy Notice, found AT THE END OF THESE TERMS OF USE, WHICH IS INCORPORATED HEREIN BY REFERENCE. If you do not want to agree to these Terms of Use or the Privacy Notice, you must not access or use the Website.

    This Website is located and managed within the United States, and is intended for users who are 18 years of age or older. Although we welcome our users who are located outside of the United States (including its territories or possessions), we make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so at your own initiative and are responsible for compliance with local laws. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company, and that use of the Website is legal within your geographic location. If you do not meet all of these requirements, you must not access or use the Website.

  2. Children Under the Age of 13

    The Website is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13. If you are under the age of 13, do not use or provide any information on the Website or on or through any of its features, register on the Website, or provide any information about yourself to us, including your name, address, telephone number, e-mail address, and any screen name or username you may use.

    If we learn we have collected or received personal information from a child under the age of 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under the age of 13, please contact us by sending us an e-mail stating your request to customerservice@pagodared.com.

  3. Changes to the Terms of Use

    We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.

    Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.

  4. Accessing the Website and Account Security

    We reserve the right to withdraw or amend this Website, as well as any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

    You are responsible for:

    • Making all arrangements necessary for you to have access to the Website.

    • Ensuring that all persons who access the Website through your Internet connection are aware of these Terms of Use and comply with them.

    To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Notice, available at the end of the Terms of Use, and you consent to all actions we may take with respect to your information consistent with our Privacy Notice.

    If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security, by writing to us at customerservice@pagodared.com. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

    We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

  5. Intellectual Property Rights

    The Website and its entire contents, features, and functionality (including but not limited to all information, headers, stories, software, text, displays, photos, images, tearsheets, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

    These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website.

    User Contributions

    The Website may contain message boards, forums, bulletin boards, or other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website. All User Contributions must comply with the Content Standards set out at the end of these Terms of Use. Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose/according to your account settings. You represent and warrant that you own or control all right, title and interest in and to the User Contributions provided by you, and have the right to grant the license granted above. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.

    We have the right to remove or refuse to post any User Contributions for any or no reason in our sole discretion, and take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe such User Contribution violates these Terms of Use or the Content Standards. We may also disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy, and take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

    However, we do not undertake to review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

  6. Prohibited Uses

    You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

    • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
    • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
    • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” or “spam” or any other similar solicitation.
    • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using e-mail associated with any of the foregoing).
    • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.

    Additionally, you agree not to do any of the following:

    • Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including its ability to engage in real time activities through the Website.
    • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
    • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
    • Use any device, software, or routine that interferes with the proper working of the Website.
    • Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
    • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
    • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
    • Otherwise attempt to interfere with the proper working of the Website.
    • Modify copies of any materials from the Website.
    • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
    • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website.
    • Access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

    If you wish to make any use of material on the Website other than those set out in this section, please address your request to customerservice@pagodared.com.

    If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and the Company reserves all rights not expressly granted herein. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

  7. Trademarks

    The Company name, the terms Pagoda Red, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

  8. Monitoring and Enforcement; Termination

    We have the right to:

    • Take any action with respect to any transaction that we deem necessary or appropriate in our sole discretion, including if we believe that such transaction violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or that could create liability for the Company.
    • Disclose your identity or other information about you to any third party who claims that material posted by you violates its rights, including its intellectual property rights or its right to privacy.
    • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
    • Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

    Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone accessing the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, LICENSORS, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.

  9. Copyright Infringement

    If you believe that anything on the Website, including any User Contribution, violates your copyright, please contact us at customerservice@pagodared.com.

  1. Reliance on Information Posted

    The information and content presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information and content. Any reliance you place on such information or content is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

    This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

  2. Changes to the Website

    We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

  3. Information About You and Your Visits to the Website

    All information we collect on this Website is subject to our Privacy Notice, available at the end of these Terms of Use, as the same may be updated from time to time. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Notice.

  4. Online Purchases and Other Terms and Conditions

    All purchases through the Website or other transactions for the sale of goods formed through the Website or as a result of visits made by you may be subject to additional terms and conditions as stated on the documentation accompanying the applicable order or transaction. Any such terms are hereby incorporated by reference into these Terms of Use.

    Additional terms and conditions may also apply to specific portions, services or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

  5. Linking to the Website

    You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

  6. Links from the Website and other third-party services

    If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

    Additionally, the Website may contain services and functionality provided by third parties, such as the service known as Elasticsearch. The use of such services or functionalities may be subject to additional terms and conditions provided by such third parties, and we have no control over such terms and conditions. By using this Website, you acknowledge that your use of such third party services is subject to the terms and conditions of use for such third parties, over which we have no control.

  7. Geographic Restrictions

    The owner of the Website is based in the State of Illinois in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so at your own initiative and are responsible for compliance with local laws.

  8. Disclaimer of Warranties

    You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Website for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

    YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

    THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

    THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  9. Limitation on Liability

    IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

    THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  10. Indemnification

    You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to any use of the Website’s content, your User Contributions, services and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

  11. Governing Law and Jurisdiction

    All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including noncontractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule (whether of the State of Illinois or any other jurisdiction).

    Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Illinois, in each case located in the City of Chicago and Cook County, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

  12. Arbitration

    At the Company’s sole discretion, it may require you to submit any disputes arising from the use of these Terms of Use or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, nonperformance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Illinois law.

  13. Limitation on Time to File Claims

    ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

  14. Waiver and Severability

    No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

    If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

  15. Entire Agreement

    The Terms of Use, Privacy Notice, and any additional terms incorporated by reference constitute the sole and entire agreement between you and the Company with respect to the Website, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Website.

  16. Your California Privacy Rights

    Under California Civil Code § 1798.83, residents of the State of California that have provided any personally identifiable information to us have the right to request a list of all third parties to which we have disclosed personally identifiable information during the preceding year for direct marketing purposes.

    Alternatively, the law provides that if we have a privacy notice that gives either an opt-out or opt-in choice for use of personally identifiable information by third parties (such as advertisers or affiliated companies) for marketing purposes, we may instead provide you with information on how to exercise your disclosure choice options. In compliance with the second alternative, we have established this Website Privacy Notice that provides you with details on how you may either opt out or opt-in to the use of your personally identifiable information by third parties for direct marketing purposes.

    Additionally, CalOPPA requires us to disclose how we respond to “do-not-track” requests from our users. At this time, we do not currently respond to “do-not-track” requests from our users’ browsers.

  17. Your Comments and Concerns

    This Website is operated by Kailas International, Inc. d/b/a Pagoda Red, 400 North Morgan Street, Chicago, IL 60642.

    All notices regarding copyright should be sent to the address set forth in Section above in the manner and by the means set forth therein.

    All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to customerservice@pagodared.com.

    © 2016, Kailas International, Inc. d/b/a Pagoda Red

Content Standards Applicable to User Contributions

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use or our Privacy Notice located below.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote or assist any unlawful act.
  • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

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