TERMS AND CONDITIONS OF USE OWNERSHIP OF SITE; AGREEMENT TO TERMS AND CONDITIONS OF USE
ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION CLAUSE BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND THE COMPANY WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
CONTENT AND TRADEMARKS
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code, including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content, contained on the Site (collectively, “Content”) is owned, controlled or licensed by or to the Company and is protected by trade dress, copyright, patent and trademark laws and various other intellectual property rights and unfair competition laws.
PERMITTED USE OF THE SITE AND CONTENT
VIRUSES, HACKING AND OTHER OFFENSES
You must not misuse the Site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or harmful. You must not attempt to gain unauthorized access to the Site, the server on which the Site is stored, or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you may commit a criminal offense. The Company will report any such breach to the relevant law enforcement authorities and will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
The Company will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or your downloading any material posted on the Site or any third-party website linked to the Site.
From time to time, the Company may provide interactive services on the Site, including but not limited to chat rooms, bulletin boards, blogs and forums. The Company disclaims any obligation to oversee, monitor or moderate any interactive services provided on the Site, and in no event shall the Company be liable for any loss or damage arising from the use of any interactive service by a user in contravention with the Company’s content standards. If you post any content to the Site, you hereby grant the Company and its affiliates and licensees a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, publicly display, publicly perform, modify, sublicense, and distribute such content and incorporate it in other works, in whole or in part, in any manner and any media now known or hereafter developed. You grant the Company and its affiliates and licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own such content or otherwise have sufficient rights in the content to grant the foregoing license without infringing or violating the rights of any third party; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify the Company for all claims resulting from the content you supply. The Company has the right but not the obligation to monitor and edit or remove any activity or content. The Company takes no responsibility and assumes no liability for any content posted by you or any third party.
USER CONTENT STANDARDS
The following standards apply to any and all material which you contribute to the Site (“Contributions”) and to any associated interactive services:
- Contributions must:
- Be accurate (when they state facts);
- Be genuinely held (when they state opinions); and
- Comply with applicable laws in the United States of America and in any country from which they are posted.
- Contributions must not:
- Contain any material that is defamatory, obscene, offensive, hateful or inflammatory;
- Promote violence or any illegal activity;
- Infringe any copyright, trademark, or other intellectual property right of any other person;
- Be made in breach of any legal duty owed to any other person, such as a contractual or other duty of confidence;
- Abuse or invade another person’s privacy or cause annoyance, inconvenience or needless anxiety;
- Be used to impersonate any person or misrepresent your identity or affiliation with any person; or
- Give the impression that they emanate from the Company, if that is not the case.
The Company will determine, in its sole discretion, whether there has been a breach of these content standards through your use of the Site. When the Company determines that a breach has occurred, the Company may take such action as it deems appropriate, including but not limited to one or more of the following:
- Immediate, temporary or permanent withdrawal of your right to use the Site;
- Immediate, temporary or permanent removal of any Contribution by you;
- Legal proceedings against you for reimbursement of all costs (including but not limited to administrative and legal costs) incurred by the Company resulting from the breach; and
- Disclosure of such information to law enforcement authorities as the Company deems reasonably necessary.
In no event shall the Company be liable for any actions taken in response to any breach of these content standards.
OTHER TERMS AND CONDITIONS
Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. The Company makes reasonable efforts to accurately display the attributes of products, including the applicable colors; however, the actual color you see will depend on your computer system, and the Company cannot guarantee that your computer will accurately display such colors.
HEALTH RELATED INFORMATION
Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. You should read carefully all product labels and packaging prior to use. Information available on or through the Site is not meant to substitute the advice provided by your doctor or other health care professional. You should not use the information available on or through the Site, including but not limited to information that may be provided by healthcare or nutrition professionals, for diagnosing or treating a health condition or disease.
ACCOUNTS, PASSWORDS AND SECURITY
Certain features or services offered on or through the Site may require you to open an account. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account. You shall notify the Company immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by the Company or any other user of or visitor to the Site due to someone else using your account as a result of your failing to keep your account information secure and confidential. You may not use anyone else’s account at any time without the express permission and consent of the holder of that account. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
By using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information that you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
LINKS TO THE SITE
The Company prohibits the creation or maintenance of any link from another website to the Site or any portion thereof without the Company’s prior written consent. Similarly, the Company prohibits the running or displaying of this Site or any Content in frames or through similar means on another website without the Company’s prior written permission. Any permitted links to the Site must comply with all applicable laws, rules and regulations.
LINKS TO OTHER SITES
This Site may contain links to other independent third-party web sites (collectively, “Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under the Company’s control, and the Company is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
THE COMPANY DOES NOT PROMISE THAT THE SITE OR ANY CONTENT WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT ANY DEFECTS WILL BE CORRECTED OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SITE AND ANY PRODUCTS OR SERVICES LISTED OR PURCHASED ON OR THROUGH THE SITE. THE COMPANY FURTHER DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE. YOU ASSUME TOTAL RESPONBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. IN THE EVENT OF ANY PROBLEM WITH THE SITE, YOUR SOLE REMEDY AGAINST THE COMPANY FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THESE LIMITATIONS OF RELIEF ARE A PART OF THE BARGAIN BETWEEN THE PARTIES.
The Company reserves the right to do any of the following, at any time, without notice: (i) modify, suspend or terminate operation of or access to the Site or any portion of the Site; (ii) modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (iii) interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
LIMITATION OF LIABILITY
Except where prohibited by law, in no event will the Company be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if the Company has been advised of the possibility of such damage.
Domestic Use; Export Restriction.
We control the Web Site from our offices within the United States of America. We make no representation that the Web Site or its content (including, without limitation, any products or services available on or through the Web Site) are appropriate or available for use in other locations. Users who access the Web Site from outside the United States of America do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable. Further, the United States export control laws prohibit the export of certain technical data and software to certain territories. No content from the Web Site may be downloaded in violation of United States law.
DISPUTES; ARBITRATION AGREEMENT; CLASS WAIVER; WAIVER OF TRIAL BY JURY; GOVERNING LAW; JURISDICTION
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH THE COMPANY, AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
- Applicability of Arbitration Agreement.
Any dispute or claim relating in any way to your use of the Site or to any products or services sold or distributed by the Company through the Site that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms set forth below,except that you and the Company are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.
- Arbitration Rules.
The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than ten thousand U.S. dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is ten thousand U.S. dollars (US $10,000.00) or more, the right to a hearing and the location of any such hearing will be determined by the Arbitration Rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- Additional Rules for Non-appearance Based Arbitration.
If nonappearance arbitration is elected as provided above, the arbitration shall be conducted by telephone, online, and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.
- Authority of the Arbitrator.
- Waiver of Jury Trial.
You and the Company hereby waive any constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, you and the Company waive all rights to a jury trial, instead electing that the dispute be resolved by a judge.
- Waiver of Class or Consolidated Actions
All claims and disputes within the scope of this agreement must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.
No part of the procedures shall be open to the public or the media. All evidence discovered or submitted at the hearing is confidential and may not be disclosed, except by written agreement of the parties, pursuant to court order or unless required by law. Notwithstanding the foregoing, no party shall be prevented from submitting to a court of law any information necessary to enforce this agreement to arbitrate, to enforce an arbitration award, or to seek injunctive or equitable relief.
- Small Claims Court.
Notwithstanding the foregoing, either you or the Company may bring an individual action in small claims court.
In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree that such disputes shall be governed by the laws of the United States and by the laws of the State of Illinois without regard to conflict of law principles. You consent to submit to the personal jurisdiction by and venue in the state and federal courts located in DuPage County, Illinois, and waive any objection to such jurisdiction or venue.
This Arbitration Agreement will survive the termination of your relationship with the Company.
VOID WHERE PROHIBITED
The Company administers and operates the Site from its location in Downers Grove, Illinois USA. Other Company sites may be administered and operated from various locations outside the United States. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. The Company reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
FEEDBACK AND INFORMATION
Any feedback you provide at the Site shall be deemed to be non-confidential. The Company shall be free to use such information on an unrestricted basis. The information contained in the Site is subject to change without notice.
HOW TO CONTACT US
If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact us at 714.270.5218 or email@example.com
LAST UPDATED: January 25, 2018
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE. THIS WEBSITE IS FOR YOUR PERSONAL, NON-COMMERCIAL USE ONLY. YOUR USE OF THIS WEB SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS WEB SITE.
ALL SALES ON THIS WEB SITE ARE FOR PERSONAL USE AND CONSUMPTION ONLY. Red BioLab RETAINS ALL RIGHTS IN ITS TRADEMARKS AND/OR TRADEDRESS. UNAUTHORIZED RE-SALE OF ANY OF Red BioLAb PRODUCTS IS STRICTLY PROHIBITED WITHOUT PRIOR WRITTEN AUTHORIZATION FROM Red Biolab.
- Products, Content and Specifications. All features, content, specifications, products and prices of products and services described or depicted on this Web site, www.RedBioLab.com (this “Web Site” or “Site”), are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Red BioLab (collectively “we” or “us”), operates and owns this Web Site, and makes all reasonable efforts to accurately display the attributes of products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on this Web Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Web Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. All videocassettes, DVDs and similar products sold are for private, home use (where no admission fee is charged), non-public performance and may not be duplicated.
- Shipping Limitations. When an order is placed, it will be shipping to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Web Site. All purchases from this Web Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Web Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
- Accuracy of Information. We attempt to ensure that information on this Web Site is complete, accurate and current. Despite our efforts, the information on this Web Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on this Web Site. For example, products included on this Web Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Web Site. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order. RED BIOLAB will aggressively enforce its rights to the fullest extent of the law.
- Use of this Web Site. The viewing, printing or downloading of any content, graphic, form, or document from this Site grants you only a limited, non-exclusive license for use solely by you for your own personal, non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or offer for sale any information contained on, or obtained from, the Site. Illegal and/or unauthorized uses of the Site, including but not limited to collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited commercial email; using any information retrieval system, whether electronic or through other means, to reproduce any of the content of the Site other than for your personal use; and unauthorized framing or linking to the Site will be investigated and appropriate legal action will be taken, including civil, criminal, and injunctive redress.
- Intellectual Property. This Site and all of its contents including, but not limited to, articles, other text, photographs, illustrations, graphics, product names, designs, logos, and the collection, arrangement, and assembly of all content (collectively, “the Intellectual Property”) are protected by copyright, trademark, and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is the exclusive property of Red Biolab. Red BioLab will aggressively enforce its rights to the fullest extent of the law.
- Equitable relief. You acknowledge that monetary damages may not be a sufficient remedy for the breach of this Agreement and that Red Biolab shall be entitled without waiving any other rights or remedies, to such injunctive or equitable relief, as may be deemed proper by a court of competent jurisdiction. You hereby agree that in the event of a breach or threatened breach of the Terms of this Agreement by you, it will not be necessary to prove monetary damages and irreparable harm will be presumed. You further agree to waive any bond requirement which may be imposed in order for ® to obtain any injunction against you. RED BIOLAB will aggressively enforce its rights to the fullest extent of the law.
- Trademarks. Certain trademarks, trade names, service marks and logos used or displayed on this Web Site are registered and unregistered trademarks, trade names and service marks of RED BIOLAB and its affiliates. Other trademarks, trade names and service marks used or displayed on this Web Site are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this Web Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of RED BIOLAB’s trademarks, trade names, service marks or logos displayed on this Web Site without the written permission of RED BIOLAB, or such other owner. The name RED BIOLAB or any of the Trademarks may not be used in any way including in any advertising or publicity pertaining to distribution of materials on the Site without the prior written consent of RED BIOLAB. RED BIOLAB prohibits use of its name or any RED BIOLAB logo and Trademarks as a “hot” link to any non-RED BIOLAB Site, unless establishment of such link is approved in advance by RED BIOLAB in writing. Your use of the Site does not provide you with ownership rights to any Intellectual Property viewed through the Site nor does it waive any of RED BIOLAB’s rights in such information and materials. RED BIOLAB will aggressively enforce its intellectual property rights to the fullest extent of the law.
- Linking to this Web Site. Creating or maintaining any link from another Web site to any page on this Web Site without our prior written permission is prohibited. Running or displaying this Web Site or any information or material displayed on this Web Site in frames or through similar means on another Web site without our prior written permission is prohibited. Any permitted links to this Web Site must comply will all applicable laws, rule and regulations. RED BIOLAB will aggressively enforce its rights to the fullest extent of the law.
- Third Party Links. From time to time, this Web Site may contain links to Web sites that are not owned, operated or controlled by RED BIOLAB or its respective affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Web Site. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other Web site. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other Web sites, or any content, materials or other information located or accessible from any other Web sites, or the results that you may obtain from using any other Web sites. If you decide to access any other Web sites linked to or from this Web Site, you do so entirely at your own risk. RED BIOLAB will aggressively enforce its rights to the fullest extent of the law.
- Inappropriate Material. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this Web Site. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials. RED BIOLAB will aggressively enforce its rights to the fullest extent of the law.
- User Information. Other than personally identifiable information, which is subject to this Web Site’s Privacy Statement, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to this Web Site in any manner (“User Communications”) is and will be considered non-confidential and non-proprietary. We and our respective affiliates and our or their designees may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. We may, but are not obligated to, monitor or review any User Communications. We will have no obligation to use, return, review, or respond to any User Communications. We will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any or all User Communications that includes any material we deem inappropriate or unacceptable. RED BIOLAB will aggressively enforce its rights to the fullest extent of the law.
- DISCLAIMERS. YOUR USE OF THIS SITE IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER RED BIOLAB NOR ANY OF THEIR RESPECTIVE AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEB SITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND NEITHER RED BIOLAB NOR ANY OF THEIR RESPECTIVE AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEB SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEB SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
- LIMITATIONS OF LIABILITY. RED BIOLAB assumes no responsibility, nor will it be liable, for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Web Site, or your downloading of any information or materials from this Web Site. IN NO EVENT WILL RED BIOLAB OR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEB SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER’S OR SUPPLIER’S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEB SITE.
- Revisions to these Terms and Conditions. These Terms and Conditions may be revised at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by legal notices or terms located on particular pages of this Web Site.
- Choice of Law; Jurisdiction. These Terms and Conditions supersede any other agreement between you and RED BIOLAB to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to this Web Site will be brought only in the federal or state courts of the State of Florida. Any action seeking legal or equitable relief arising out of or relating to this Web Site which is brought in state court will be exclusive to the Circuit Courts in and for Palm Beach County, Florida. A printed version of these Terms and Conditions will be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
- Termination. You or we may suspend or terminate your account or your use of this Web Site at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Web Site at any time without notice.
- Health Related Information. The information contained in the Web Site is provided for informational purposes only and is not meant to substitute for the advice provided by your doctor or other health care professional. You should not use the information available on or through the Web Site (including, but not limited to, information that may be provided on the Web Site by healthcare or nutrition professionals employed by or contracting with RED BIOLAB) for diagnosing or treating a health problem or disease, or prescribing any medication. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. You should read carefully all product packaging prior to use.
- Indemnity. You agree to indemnify and hold RED BIOLAB and our parents, affiliates (and their franchisees and licensees), and subsidiaries, officers, directors, employees, successors and assigns, harmless from any claim, loss or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of our Web Site, your connection to our Web Site, your violation of these Terms and Conditions, or your violation of any rights of another party. This indemnity survives termination of these Terms and Conditions.
- Domestic Use; Export Restriction. We control the Web Site from our offices within the United States of America. We make no representation that the Web Site or its content (including, without limitation, any products or services available on or through the Web Site) are appropriate or available for use in other locations. Users who access the Web Site from outside the United States of America do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable. Further, the United States export control laws prohibit the export of certain technical data and software to certain territories. No content from the Web Site may be downloaded in violation of United States law.
- General. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision by us. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of our Terms and Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Web Site or our Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Shipping & Delivery
We primarily ship via UPS Ground services and USPS services. We only ship within the Contiguous US any orders outside the Contiguous US will be subject to additional charge.
Privacy & Security
We take all appropriate security measures to help safeguard personal information from unauthorized access, alteration, or disclosure. We do NOT store any credit card information.
Returns & Replacements
PROMOTIONAL ITEMS RETURN POLICY
All sales are FINAL on any promotional items sold on RedBioLab.com. Please make sure that you have read the Return Policy in detail before making any purchases on RedBioLab.com
Red BioLab may accept returns of merchandise purchased directly from RedBioLab.com through the Site only when all of the following conditions are satisfied:
- The merchandise must be received by Red BioLab within 30 days of your purchase, no returns will be accepted after this time period.
- You must provide your Purchase Order number as received when your order was placed through the Site.
- Apparel and Accessories: Apparel and accessories must be unworn, unwashed and in good condition with all original tags and labels attached to the item and in the original packaging
- Dietary Supplements and other consumable products: Dietary supplements and other consumable product returns are only accepted if it was purchased through redbiolab.net or Consumer Affairs for which 75% or more of the product is unused.
If you need to make a return, please email us to Mike@redbiolab.com or call us during normal business hours (9-5 Eastern M-F) before sending the merchandise back. You will be asked to provide your Purchase Order number as received when an order was placed on the Site. Once we determine that your merchandise is eligible for return (see Return Policy), you will be issued a Return Authorization Number and given instructions on how to complete the process.
All reimbursements will be made to the credit card used for the original purchase. Please allow 2 billing cycles for the reimbursement credit to appear on your credit card statement.
Credit amount will be calculated as follows:
Credit less all freight costs incurred. Special order items are not returnable (including shaved tires). A 25% restocking fee will apply.
As soon as you receive your shipment, be sure to check it for accuracy. If there are any issues, please contact us and explain the problem to one of our customer service specialists.
Only Received One (1) Of My Packages, When Can I Expect the Others? Normally, you can expect them to arrive the next day. At times, shipping companies run out of room on a delivery truck, forcing part of an order to go on the next day’s truck. This is fairly common and nothing to worry about. However, if your package is not delivered within two days after the first delivery, please contact us. We will have our customer service department contact the freight company to inquire about the delay and we will contact you with all the information we receive.
I Placed An Order, But I Didn’t Receive It. What Do I Do Now? Please contact us and we will be happy to track it for you.
What Happens If My Order Arrives Damaged? You must contact us immediately and explain the problem to one of our customer service specialists. They will make every effort to resolve any trouble you may have. Do not put any damaged product on your vehicle for any reason. Putting damaged product on your vehicle is not only unsafe, it also voids any responsibility the freight company may have for the damage. A freight company can easily say the damage happened while the product was on the vehicle; disproving that claim is nearly impossible.
What If I Received The Wrong Product In My Shipment? You must contact us immediately. This seldom happens, but due to the nature of this problem, it is necessary to contact us and explain the situation to one of our customer service specialists. They will make every effort to resolve any trouble you may have. They will send the freight company back to pick up the merchandise (this is not same-day). You must package the product properly to avoid damage during return shipment to us. If you cannot utilize the packing material used during the original shipment, call us. Any and all product must be returned to us undamaged. We cannot give credit on product damaged due to negligence in packaging.
I Didn’t Receive an Order Confirmation. What should I do? Please contact us. If you have not received your order confirmation within three days of your order, please let us know by e-mail at Info@redbiolab.com. We will make every effort to respond within one business day regarding the status of your order.
Payment, Pricing & Promotions
We accept Visa, Mastercard, American Express, and Discover Network cards and PayPal. We strive to provide only the most up-to-date pricing and availability. However, sometimes there are instances beyond our control that can distort these numbers. In the event that a pricing error occurs, we reserve the right to suspend sales of these products until the correct information is established. We appreciate your understanding and would like to thank you for your patience as these errors are resolved.
Inventory & Backorders
- Although we strive accurately reflect our stock inventory on the website sometimes items that appear to be in stock may be out of stock. In such instances the customer will be notified via email.
- Items ordered that are out of stock will be automatically backordered. The customer will be notified of the backorder via email.
- The credit card used will not be charged until the backordered item is ready to ship.
- Backordered items will automatically be shipped when the item is in stock once again.
If you have an account with us you can view your order status and order history by going to the “My Account” link on the upper right of the website. You must be logged in to change your account information.
Updating Account Information
If you have an account with us you can update your account information by going to the “My Account” link on the upper right of the website. You must be logged in to change your account information.
CA SUPPLY CHAINS ACT
Disclosure Pursuant to California Transparency in Supply Chains Act of 2010
RED BIOLAB is committed to fair employment practices and to following applicable employment law wherever it has operations. This includes complying with laws that prohibit child or forced labor. However, RED BIOLAB does not currently: (1) engage in verification of product supply chains to evaluate and address risks of human trafficking and slavery; (2) conduct audits of suppliers to evaluate supplier compliance with company standards for trafficking and slavery in supply chains; (3) require direct suppliers to certify that materials incorporated into their products comply with the laws regarding slavery and human trafficking of the country or countries in which they are doing business; (4) maintain internal accountability standards and procedures for employees or contractors failing to meet company standards regarding slavery and human trafficking; or (5) provide employees and management, who have direct responsibility for supply chain management, training on human trafficking and slavery.
RED BIOLAB has created this statement in order to demonstrate our firm commitment to the privacy of both the customer’s information as well as our own. The following discloses our information gathering and dissemination practices for performancetread.com.
This is not a contract between the user and RED BIOLAB, but instead is a statement of RED BIOLAB policy. Amendments to this statement will be posted at this URL and will be effective when posted.
We collect non-personally identifiable information about you in a number of ways. Our methods of information collection include tracking your activities through your IP address, computer settings or most-recently visited URL. We may also ask you to provide certain non-personally identifiable information about yourself, such as your age, household income, buying preferences, etc. We do not collect any personally identifiable information about you unless you voluntarily submit such information to us. For example, filling out an order form will provide us with this type of information. The types of information that may be requested include your contact information (i.e. addresses, phone numbers, etc) and financial information (i.e. account or credit card numbers). Contact information from the order form may be used to ship orders to customers. Financial information that is collected is used to bill the customer for products and services.
Use of IP Addresses
We use the customer’s IP address to help diagnose problems with our server, and to administer our website. The IP address is also used to gather broad demographic information.
When you view our website we might store some information on your computer. This information will be in the form of a “cookie” or similar file. Cookies are small pieces of information stored on your hard drive, not on our site. Cookies do not spy on you or otherwise invade your privacy. They are designed to help you navigate our website as easily as possible.
This website contains links and references to other sites, and is in no way responsible for the privacy practices, security measures or the content of such websites.
This website utilizes the latest security measures to prevent the loss, misuse or alteration of the information under our control.
You may opt-out of receiving communications from us by sending an email to firstname.lastname@example.org.
Contacting Our Administrators
If you have any questions about this privacy statement, the practices of this site, or your dealings with this website, you can contact us.