Terms of Use Agreement
Terms of Use Agreement
Last Updated: December 16th, 2025
1. INTRODUCTION
Redd Remedies, Inc. ("Redd Remedies," "we," "us," or "our") welcomes you to our website. We're excited that you have decided to access and use our online services (the "Services"), which are made available to you through our website located at ReddRemedies.com (the "Website").
We provide Visitors with access to the Website and Customers with access to the Services subject to the following Terms and Conditions. By browsing the public areas or by accessing and using the Services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use and our Privacy Policy, which is hereby incorporated by reference (collectively, this "Agreement"). If you do not agree to any of these terms, please do not use the Website and/or the Services.
Our website is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Capitalized terms not defined in these Terms and Conditions shall have the meaning set forth in our Privacy Policy.
THE SECTIONS BELOW TITLED "BINDING ARBITRATION" AND "CLASS ACTION WAIVER" CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
2. NO MEDICAL ADVICE
You acknowledge and agree that Redd Remedies does not provide any form of medical care, medical opinion, medical advice, diagnosis, or treatment, and that Redd Remedies does not evaluate the need to seek medical attention, through the Website and the Services. The Website, the Services, and the Content are for informational purposes only, and are not intended as a substitute for professional medical advice, diagnosis, or treatment.
You should not use the information on the Website for diagnosing or treating a health problem or disease, or prescribing any medication or other treatment. Always seek the advice of your physician or other qualified health provider before taking any medication or nutritional, herbal, or homeopathic supplement and with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Website, the Services, and/or the Content.
If you think you may have a medical emergency, call your doctor or 911 immediately. Reliance on the Website, the Services and the Content is solely at your own risk. Information provided on the Website and the use of any products or services purchased from our Website by you DOES NOT create a doctor-patient relationship between you and any of the health professionals affiliated with our Website.
THE STATEMENTS ON THIS WEBSITE HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION. THE PRODUCTS FEATURED ON THIS WEBSITE ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE.
3. ACCURACY, COMPLETENESS & TIMELINESS OF INFORMATION
We are not responsible if information made available on this Website is not accurate, complete or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this Website is at your own risk.
This Website may contain certain historical information. Historical information is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.
4. DESCRIPTION AND USE OF SERVICES
Through the Services, you may learn about and purchase Redd Remedies supplements; you may choose a delivery frequency of one-time-only or on a monthly subscription basis ("Subscribe & Save").
We provide Visitors and Customers with access to the Website and the Services as described below:
- Visitors: Visitors, as the term implies, are people who do not register with us, but want to explore the Website. No login is required for Visitors. Visitors can: (i) view all publicly-available content on the Website; (ii) email us, and (iii) send us messages via our website contact forms.
- Customers: Login is required for all Customers. Customers can do all things that Visitors can do, and can also access their personal account information, manage/update/edit Customer Content, purchase products, and use the Services.
Redd Remedies is under no obligation to accept any individual as a Customer and may accept or reject any registration in its sole and complete discretion.
5. USE OF PERSONAL INFORMATION
Your use of the Services may involve the transmission to us of certain Personal Information. Our policies with respect to the collection and use of such Personal Information are governed according to our Privacy Policy, which is hereby incorporated by reference in its entirety.
5.1 Privacy Regulations
Depending on your location, your personal information may be subject to certain privacy regulations, including but not limited to the General Data Protection Regulation (GDPR) for European residents and the California Consumer Privacy Act (CCPA) for California residents. For more information about your rights under these regulations and how we comply with them, please see our Privacy Policy.
6. ACCOUNT REGISTRATION AND SECURITY
6.1 Account Creation
During the registration process for Customers, we will ask you to create an account, which includes your name, address, email address, phone number, and a password. When creating your account, you must provide true, accurate, current, and complete information.
6.2 Account Security
Each sign-in name and corresponding password can be used by only one Customer. You are responsible for the confidentiality and use of your sign-in name and password. You will promptly inform us of any need to deactivate a password or sign-in name. We reserve the right to delete or change your password or sign-in name at any time and for any reason.
6.3 Account Responsibilities
You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. You agree to notify Redd Remedies immediately of any unauthorized use of your account or any other breach of security. Redd Remedies will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.
7. PRODUCT DESCRIPTIONS AND AVAILABILITY
7.1 Product Descriptions
Our Website contains descriptions of dietary supplements and vitamins. We attempt to be as accurate as possible with the descriptions of the supplements and/or vitamins that are made available to you through the Services (collectively, the "Products"). However, we make no warranties that the Product descriptions and any other content are accurate, complete, reliable, current, or error-free. If a Product offered by us is not as described, your sole remedy is to return it in unused condition.
We reserve the right, at any time, to modify, suspend, or discontinue the sale of any Product with or without notice and we will not incur any obligation as a result of such change.
7.2 Shipping
Our packages are typically shipped via third-party shipping services and are generally delivered within 5-7 business days after ordering. In the event of shipping delays, you may be contacted by a representative of the Redd Remedies team.
7.3 Returns and Refunds
See full return policy here: https://reddremedies.com/pages/refund-policy
8. SUBSCRIPTION SERVICES
8.1 Subscribe & Save Program
When you sign up for our Subscribe & Save program, you agree to receive regular shipments of your selected products at the frequency you choose, until you cancel. By enrolling in our Subscribe & Save program, you authorize us to charge your payment method for each shipment at the then-current price (minus any applicable subscription discount) until you cancel.
8.2 Subscription Fees and Automatic Renewals
You acknowledge and agree that by opting in to our Subscribe & Save program, you are signing up for a Subscription with us. You agree to pay all applicable Subscription fees made known to you when you complete your order. We may use a third-party payment vendor to process your payment of Subscription Fees. You warrant and represent that you are the valid owner or an authorized user of the credit card or other payment card provided to such Third-Party Payment Vendor, and that all information you provide is accurate.
IMPORTANT NOTICE REGARDING AUTOMATIC RENEWAL: When you sign up to use the Subscription Services, your Subscription will automatically renew until you cancel it. Before each shipment, we will send you a reminder email informing you that your next order is ready to ship. If you do not cancel, then your next order will ship and applicable Subscription Fees will be charged to your payment method.
8.3 Cancellation
You may cancel your Subscription at any time by:
- Selecting the Cancel option in the My Account area of the website, or
- Calling us at 888-453-5058
Cancellation requests made to our Customer Care team must be received at least five (5) business days before your next package is scheduled to ship, and the cancellation will take effect for the following billing cycle. Cancellations made directly in your Subscription by logging into your account must be made at least twenty four (24) hours before your next package is scheduled to ship.
8.4 Modifying Subscriptions
You may modify your Subscription (change products, quantities, shipping frequency, etc.) by logging into your account or by contacting Customer Service. Modifications must be made at least twenty four (24) hours before your next scheduled shipment to take effect for that shipment.
8.5 Suspending or Postponing Delivery
You may suspend or postpone the delivery of your Subscribe & Save order by following the instructions on the Website or by contacting Customer Service. However, you will not be able to suspend or postpone if we have already started preparing your next order. You will be alerted by email twenty four (24) hours before we start preparing your next order.
9. OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control or input. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Website is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions.
10. COMMUNITY GUIDELINES AND PROHIBITED USES
The Redd Remedies community, like any community, functions best when its people follow a few simple rules. By accessing and/or using the Website, you hereby agree to comply with these community rules and that:
- You will comply with all applicable laws in your use of the Website and the Services and will not use the Website and the Services for any unlawful purpose;
- You will not access or use the Website and the Services to collect any market research for a competing business;
- You will not upload, post, email, transmit, or otherwise make available any content that:
- Infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or
- Is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, invasive of another's privacy, or promotes violence; or
- Discloses any sensitive information about another person, including that person's email address, postal address, phone number, credit card information, or any similar information;
- You will not "stalk" or otherwise harass another;
- You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- You will not decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Website or the Services;
- You will not circumvent, remove, alter, deactivate, degrade, or thwart any of the protections in the Website, or the Services;
- You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Website, or the Services, directly or indirectly, except for Internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file;
- You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure;
- You will not interfere with or attempt to interrupt the proper operation of the Website and the Services through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Website and the Services through hacking, password or data mining, or any other means;
- You will not collect or track the personal information of others;
- You will not spam, phish, pharm, pretext, spider, crawl, or scrape;
- You will not use the Website or Services for any obscene or immoral purpose; or
- You will not interfere with or circumvent the security features of the Website or any related website, other websites, or the internet.
We reserve the right, in our sole and absolute discretion, to deny you access to the Website and the Services, or any portion of the Website and the Services, without notice, and to remove any comments that do not adhere to these guidelines. We reserve the right to terminate your use of the Website or any related services for violating any of the prohibited uses.
11. CUSTOMER CONTENT AND SUBMISSIONS
Customers may post and/or create content through the Website and the Services, including but not limited to, reviews and comments about the Products (collectively, the "Customer Content"). We cannot and do not review it all—we are merely acting as a passive conduit for distribution of the Customer Content to other users of the Website and the Services. That said, we may remove Customer Content that violates the terms of this Agreement, or that is offensive or otherwise unacceptable to us in our sole discretion.
You expressly acknowledge and agree that once you submit your Customer Content for inclusion into the Website and the Services, it will be accessible by others, and that there is no confidentiality or privacy with respect to such Customer Content, including, without limitation, any personally identifying information that you may make available. YOU, AND NOT REDD REMEDIES, ARE ENTIRELY RESPONSIBLE FOR ALL YOUR CUSTOMER CONTENT THAT YOU UPLOAD, POST, EMAIL, OR OTHERWISE TRANSMIT VIA THE WEBSITE AND THE SERVICES.
You retain all copyrights and other intellectual property rights in and to the Customer Content. You do, however, hereby grant us a non-exclusive, royalty-free, sublicensable, transferable, perpetual license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit your Customer Content as reasonably necessary to provide the Website and the Services.
If you submit Customer Content to us, each such submission constitutes a representation and warranty to Redd Remedies that such Customer Content is your original creation (or that you otherwise have the right to provide the Customer Content), that you have the rights necessary to grant the license to the Customer Content under the prior paragraph, and that it and its use by Redd Remedies and its content partners as permitted by this Agreement does not and will not infringe or misappropriate the intellectual property or moral rights of any person or contain any libelous, defamatory, or obscene material or content that violates the terms of this Agreement.
11.1 Unsolicited Feedback and Submissions
If, at our request, you send certain specific submissions (for example contest entries) or, without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "Unsolicited Submissions"), you agree that we may, at any time without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Unsolicited Submissions that you forward to us. We are and shall be under no obligation (1) to maintain any Unsolicited Submissions in confidence; (2) to pay compensation for any Unsolicited Submissions; or (3) to respond to any Unsolicited Submissions.
We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party's intellectual property or these Terms and Conditions.
You agree that your Unsolicited Submissions will not violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your Unsolicited Submissions will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Website or any related services. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any submissions. You are solely responsible for any Unsolicited Submissions you make and their accuracy. We take no responsibility and assume no liability for any Unsolicited Submissions posted by you or any third party.
12. OUR RIGHT TO REFUSE OR CANCEL AN ORDER
We expressly reserve the right, at our sole discretion, to limit, reject, restrict, refuse, or cancel any Order placed by you, wholly or partially, at any time, and without notice or liability for any damages or costs other than the repayment of any amount received from such Order, in certain situations, including, but not limited to:
- If your Order exceeds Product purchase limits in quantity or dollar amount;
- If your purchase history or related accounts show a high volume of exchanges or returns or suspicious volume of purchases;
- If we believe that you ordered or purchased Products for resale, tax evasion, or another fraudulent purpose;
- If the delivery address you provide is the address of a freight forwarding entity or individual or an address flagged by our systems as potentially linked to fraudulent or suspect activities;
- If our security systems flag your Order or account details as unusual or susceptible to fraud, discount abuse, or misuse, including fraud related to credit card payments;
- If the Product you seek to purchase is unavailable, not in stock, incorrectly priced, or otherwise incorrectly described;
- If there was a misspelling, mismarked pricing, or other mistake or error in connection with the Order;
- If we are unable to obtain payment authorization;
- If your address, form of payment, or billing information is unverifiable or incorrect;
- If shipping restrictions may apply to a Product in your Order;
- If we believe you are ineligible to make purchases or use a discount program code or are unauthorized to apply a discount or promotion code to your purchase;
- If we cannot deliver to the address provided;
- If you are involved in an ongoing legal dispute with Redd Remedies;
- If you have previously breached the conditions or terms of the Terms of Use, including these Terms of Sale; or
- Due to an event outside our control.
We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Website or regarding any Product is inaccurate at any time, including after you have submitted your order.
13. INTELLECTUAL PROPERTY
13.1 Content Ownership
The Website and the Services contain materials, such as software, text, graphics, images, sound recordings, audiovisual works, and other material provided by or on behalf of Redd Remedies (collectively referred to as the "Content"). The Content may be owned by us or by third parties. The Content is protected under both United States and foreign laws.
13.2 Limited License to Content
Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose.
13.3 Trademarks
The trademarks, service marks, and logos of Redd Remedies ("Redd Remedies Trademarks") used and displayed on the Website and the Services are registered and unregistered trademarks or service marks of Redd Remedies. Other company, product, and service names located on the Website and the Services may be trademarks or service marks owned by others (the "Third-Party Trademarks", and, collectively with the Redd Remedies Trademarks, the "Trademarks").
Nothing on the Website and the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the Redd Remedies Trademarks inures to our benefit.
14. AGE RESTRICTIONS
Due to the nature of our Products, all purchases of goods or services on our Website must be made by adults 18 years of age or older, and all users who register with our Website must be 18 years of age or older or provide parental consent. By using the Website or Services, you represent and warrant that you are at least 18 years old.
15. COMMUNICATIONS TO US
Although we encourage you to email us, we do not want you to, and you should not, email us any content that contains confidential information. With respect to all emails you send to us, including but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information.
15.1 Email Program Enrollment
You acknowledge and agree that by making a purchase from ReddRemedies.com you are signing up for our email program. If you do not want to receive Redd Remedies emails, you can opt out at any time by following the unsubscribe link in our emails or by contacting our Customer Service.
16. SMS/MMS MOBILE MESSAGING PROGRAM TERMS AND CONDITIONS
Redd Remedies, Inc. (hereinafter, "We," "Us," "Our") is offering a mobile messaging program (the "SMS Program"), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and our Privacy Policy (the "Agreement"). By opting in to or participating in the SMS Program, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the "Binding Arbitration" section below. This Agreement is limited to the SMS Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.
16.1 User Opt-In
The SMS Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the SMS Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the SMS Program, you agree that this Agreement applies to your participation in the SMS Program. By participating in the SMS Program, you agree to receive auto-dialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system ("ATDS" or "autodialer"). Message and data rates may apply. Message frequency varies.
16.2 User Opt-Out
If you do not wish to continue participating in the SMS Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt-out of the SMS Program. You may receive an additional mobile message confirming your decision to opt-out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, and agree that Redd Remedies and its service providers will have no liability for failing to honor such requests.
16.3 Program Description
Without limiting the scope of the SMS Program, users that opt into the SMS Program can expect to receive messages concerning the marketing, promotion, payment, delivery, and sale of dietary supplements and related products. Messages may include order confirmations, shipping notifications, promotional offers, and checkout reminders.
16.4 Cost and Frequency
Message and data rates may apply. You agree to receive messages periodically at Our discretion. Message frequency will vary. The SMS Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
16.5 Support Instructions
For support regarding the SMS Program, text "HELP" to the number you received messages from or email us at customercare@reddremedies.com. Please note that the use of this email address is not an acceptable method of opting out of the SMS Program. Opt-outs must be submitted in accordance with the procedures set forth above.
16.6 MMS Disclosure
The SMS Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
16.7 Our Disclaimer of Warranty
The SMS Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with the SMS Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.
16.8 Participant Requirements
You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with a text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text-messaging instructions.
16.9 Age Restriction for SMS Program
You may not use or engage with the SMS Program if you are under eighteen (18) years of age. By using or engaging with the SMS Program, you acknowledge and agree that you are not under the age of eighteen (18) years and are of adult age in your jurisdiction.
16.10 Prohibited Content
You acknowledge and agree to not send any prohibited content over the SMS Program. Prohibited content includes:
· Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
· Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
· Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
· Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
· Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act ("HIPAA") or the Health Information Technology for Economic and Clinical Health Act ("HITECH Act"); and
· Any other content that is prohibited by applicable law in the jurisdiction from which the message is sent.
16.11 State Law
Florida: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.
Washington: To the extent the law is relevant and applicable to the Program, we endeavor to comply with the commercial telephone solicitation requirements pursuant to the Revised Code of Washington (RCW) (including but not limited to sections 80.36.390, 19.158.040, 19.158.110 and 19.158) as applicable to Washington residents. For purposes of compliance, you agree that we may assume that you are a Washington resident if, at the time of opt-in to the Program, the area code for the phone number used to opt-into the Program is a Washington area code.
16.12 Miscellaneous SMS Terms
You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these SMS Program Terms and perform your obligations hereunder. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of these SMS Program Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. We reserve the right to change these SMS Program Terms from time to time. Any updates to these Terms shall be communicated to you. You acknowledge your responsibility to review these Terms from time to time and to be aware of any such changes. By continuing to participate in the SMS Program after any such changes, you accept these Terms, as modified.
17. EXTERNAL SITES
The Website and the Services may contain links to third-party websites ("External Sites"). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites.
We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
18. ERRORS, INACCURACIES & OMISSIONS
Occasionally, there may be information on our Website or in the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right, at any time and without prior notice (including after you have submitted your order), to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Website or regarding any Product is inaccurate.
We undertake no obligation to update, amend, or clarify information in the Website or Services, including but not limited to pricing information, except as required by law. No specified update or refresh date applied in the Website should be taken to indicate that all information in the Website has been modified or updated.
19. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
THE WEBSITE, THE PRODUCTS, THE CONTENT, THE CUSTOMER CONTENT, AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE, ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE SERVICES, OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE SERVICES, OR THE CONTENT SHALL BE LIMITED TO THE MONIES YOU HAVE PAID US IN CONNECTION WITH YOUR USE OF THE SERVICES DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.
THE WEBSITE AND THE SERVICES MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE WEBSITE AND THE SERVICES. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITE AND THE SERVICES AT ANY TIME WITHOUT NOTICE.
WE RESERVE THE RIGHT TO CANCEL OR MODIFY AN ORDER WHERE IT APPEARS THAT A CUSTOMER HAS ENGAGED IN FRAUDULENT OR INAPPROPRIATE ACTIVITY OR UNDER OTHER CIRCUMSTANCES WHERE IT APPEARS THAT THE ORDER CONTAINS OR RESULTED FROM A MISTAKE OR ERROR.
YOU SHOULD ALWAYS CONSULT YOUR PHYSICIAN OR MEDICAL ADVISORS BEFORE STARTING ANY DIET, EXERCISE, OR SUPPLEMENTATION PROGRAM. IN ADDITION, YOU SHOULD CAREFULLY READ ALL INFORMATION PROVIDED BY THE MANUFACTURERS OF THE PRODUCTS OR IN THE PRODUCT PACKAGING AND LABELS BEFORE USING ANY PRODUCT PURCHASED FROM OUR WEBSITE. INFORMATION PROVIDED ON THE WEBSITE AND THE USE OF ANY SERVICES PURCHASED FROM OUR WEBSITE BY YOU DOES NOT CONSTITUTE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND ANY OF THE HEALTH PROFESSIONALS AFFILIATED WITH OUR WEBSITE.
20. INDEMNIFICATION
You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees, and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of this Agreement; (ii) your misuse of the Content, the Website, or the Services; and (iii) your violation of any third-party right, including without limitation any copyright, trademark, property, or privacy right.
21. COMPLIANCE WITH APPLICABLE LAWS
The Website and the Services are based in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Website, the Services, or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
22. TERMINATION OF THE AGREEMENT
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Services, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Services at any time without prior notice or liability.
23. DIGITAL MILLENNIUM COPYRIGHT ACT
Redd Remedies respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any Content or user submissions deemed to have been posted or distributed in violation of any such laws.
Our designated agent under the Digital Millennium Copyright Act (the "Act") for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:
Redd Remedies, Inc.
Attn: Legal Department
211 S. Quincy Ave.
Bradley, IL 60915
E-mail: privacy@reddremedies.com
If you believe that your work has been copied on the Website and/or the Services in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including:
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the allegedly infringing material on the Website and/or the Services that is requested to be removed;
- Your name, address, and daytime telephone number, and an e-mail address if available, so that Redd Remedies may contact you if necessary;
- A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and
- An electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement.
Redd Remedies will remove any content that infringes the copyright of any person under the laws of the United States upon receipt of such a statement (or, more specifically, any statement in conformance with 17 U.S.C. § 512(c)(3)). United States law provides significant penalties for submitting such a statement falsely.
24. BINDING ARBITRATION
In the event of a dispute arising under or relating to this Agreement or the Services or any other products or services provided by us (each, a "Dispute"), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act ("FAA"). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT'S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION.
All disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by the Judicial Arbitration and Mediation Services ("JAMS") pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS' Streamlined Arbitration Rules and Procedures. All applicable JAMS' rules and procedures are available at the JAMS website http://www.jamsadr.com.
Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator's award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the State of Illinois.
The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration.
Nothing in this Agreement will prevent Redd Remedies from seeking injunctive relief in any court of competent jurisdiction as necessary to protect Redd Remedies' proprietary interests.
25. CLASS ACTION WAIVER
You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS CUSTOMER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
26. UPDATING YOUR INFORMATION
If you need to update any of your online and/or off-line contact information, please send an email to Redd Remedies Customer Service at support@reddremedies.com or a letter to Redd Remedies, Attn: Customer Care, 211 S. Quincy Ave., Bradley, IL 60915.
27. SEVERABILITY AND INTEGRATION
Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and Redd Remedies and governs your use of this Service. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
28. MISCELLANEOUS
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Redd Remedies as a result of this Agreement or your use of this Service. Nothing contained in this Agreement is in derogation of Redd Remedies' right to comply with governmental, court, and law enforcement requests or requirements relating to your use of this Service or information provided to or gathered by Redd Remedies with respect to such use.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
29. MODIFICATION OF THIS AGREEMENT
Redd Remedies reserves the right to amend this Agreement at any time. We may modify this Agreement by posting the modified Terms and Conditions on the Website, and you agree to be bound by any such modifications if you continue to use the Website or Services after such modifications have been posted. You are responsible for regularly reviewing these Terms and Conditions.
30. CHOICE OF LAW AND FORUM
This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of law provisions. You and Redd Remedies expressly agree to submit to the exclusive jurisdiction and venue of the courts in Illinois in all disputes arising out of or relating to the use of this Service.
31. NO WAIVER
The failure of Redd Remedies to enforce any provisions of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.
32. LANGUAGE
It is hereby agreed that the parties specifically require that these Terms and any notices, consents, authorizations, communications and approvals be drawn up in the English language.
33. CONTACT INFORMATION
Questions about these Terms and Conditions should be sent to us at:
Redd Remedies, Inc.
Attn: Customer Care
211 S. Quincy Ave.
Bradley, IL 60915
Email: customercare@reddremedies.com
Phone: 888-453-5058