to the Red Gold, Inc. (together with its related companies, “Red Gold”)
website (the “Website”). By using this Website, you indicate your
by the following terms and conditions.
PLEASE READ THESE
YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS
LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS
HOW DISPUTES WILL BE RESOLVED.
Restrictions on Use of Materials on Site
All material on this Website, including all files, images, text,
software, and data, are the property of Red Gold. These materials are
licensed to you on a non-exclusive, non-transferable, temporary basis
solely for your personal, non-commercial use. You may download, print,
or view these materials on your personal computer, provided you do not
delete, change, or misappropriate any of the information, including
copyright and trademark notices.
You agree not to modify, reverse-engineer, disassemble, redistribute,
republish, upload, or re-use any of the text, graphics, or other
materials on this Website without Red Gold's prior written permission.
The information provided on this Website may not be used in any manner
which Red Gold deems to be directly or indirectly in competition with
Red Gold or contrary to Red Gold’s best interests.
You communicate with us electronically whenever you visit the Website or
send us e-mails. Red Gold will communicate with you by sending e-mails
or posting notices on the Website. You agree that all such
communications that we provide to you electronically satisfy any legal
requirement for such communications to be in writing.
If you submit any information to us, including any comments, remarks,
suggestions, ideas, notes, drawings, graphics, concepts, recipes, or
other information, you are giving that information, and all your rights
in it, to Red Gold free of charge, and you agree that the submitted
information will be treated as non-confidential and non-proprietary and
may be used by Red Gold for any purpose, without your consent or without
any compensation to you or anyone else. These conditions are true
whether you submit such information to us by e-mail, through a form on
the Website, or in any other manner.
By using the Website, you agree not to submit or transmit any material
that is unlawful, threatening, libelous, defamatory, obscene,
pornographic, profane, trademarked, copyrighted, patented, or might in
any other way violate any law. You are solely responsible for any
material you submit to us, and agree to indemnify and hold harmless Red
Gold for any and all claims which arise out of Red Gold’s use of such
Through your usage of the Website, you may submit and/or Red Gold may
gather certain limited information about you and your Website usage. Red
use such information for any purpose it deems appropriate, including
Monitoring: Removal of Content
We have the right, but not the obligation, to monitor the content and
use of the Site, including our Forum, to determine compliance with these
any other reason or purpose.
We reserve the right, in our sole discretion, to edit, refuse to post,
or remove any content or materials submitted to or posted on the Site,
for any reason, including if we find such material to be in violation of
reserve the right, in our sole discretion, to disclose such materials
and the circumstances surrounding their transmission to any third party
in order to operate the Site properly; to protect ourselves, our
sponsors, and our Members and visitors; to comply with legal obligations
or governmental requests; or for any other reason or purpose.
You are responsible for protecting the confidentiality of your account
and password, so you agree to be responsible for any activity that
occurs under your account. We do not sell merchandise to minors. If you
are under the age of 18, you may only purchase merchandise through your
parent or guardian. Red Gold reserves the right to limit access to our
services, to cancel orders and to terminate accounts in our sole
Please note that, because we host a forum on the Site and therefore
redistribute materials you give us, we need to obtain certain rights in
those materials. You hereby grant to us a royalty-free, worldwide,
perpetual, sub-licensable (through multiple tiers), irrevocable,
transferable, non-exclusive right to use, reproduce, modify, create
derivative works from, distribute, digitally perform, publicly perform
and publicly display and otherwise exploit in any manner any content,
material and/or your name posted on the Site (collectively, the
"Material"), and/or to incorporate it in other works in any form, media
or technology now known or later developed, for any purpose whatsoever,
commercial or otherwise, without compensation to or prior approval by
you. By submitting or sending Material to the Site you represent and
warrant that (1) no other party has any rights to the Material or that
you have all rights necessary to grant the rights granted hereunder, (2)
the Material is not subject to any obligation, whether of
confidentiality, attribution or otherwise, on our part and we shall not
be liable for any use or disclosure of any Material, and (3) your
provision of the Material to and through the Site, complies with all
applicable laws, rules and regulations. You further irrevocably waive
any "moral rights" or other rights with respect to attribution of
authorship or integrity of the Material that you may have under any
applicable law under any legal theory.
The user agrees to indemnify and hold harmless Red Gold against loss or
threatened loss or expense by reason of the liability or potential
liability of for or arising out of any claims for damages caused by or
related to the user’s use of the site.
Third Party Sites Linked to and From the Site
We may, for your convenience, provide you with links to other Web sites
from the Site (each, a "Linked Site"). You acknowledge and agree that we
have no responsibility for the accuracy or availability of information
provided by any Linked Site. Links to a Linked Site do not necessarily
constitute an endorsement by or association with us of such sites or the
content, products, advertising or other materials presented on such
Linked Site. You acknowledge and agree that we do not control and are
not responsible or liable, directly or indirectly, for any damage or
loss caused or alleged to be caused by or in connection with use of or
reliance on any content, goods or services available on any Linked Site.
Other Web sites may provide links to the Site with or without our
authorization. We do not endorse any such site, and are not and shall
not be responsible or liable for any links from any such site to the
Site, any content, advertising, products or other materials available on
any such sites, or any loss or damages incurred in connection with any
such site. Red Gold shall have the right, at any time and in its sole
discretion, to block links to the Site through technological or other
means without prior notice.
YOU AGREE THAT YOUR USE OF ANY LINKED SITE, INCLUDING YOUR USE OF ANY
CONTENT, PRODUCTS, ADVERTISING OR OTHER MATERIALS AVAILABLE THROUGH SUCH
LINKED SITE, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND
CONDITIONS OF USE APPLICABLE TO SUCH LINKED SITE AND SUCH MATERIALS.
Sales of Merchandise
Red Gold may offer merchandise manufactured by third parties. The
manufacturer is responsible for this merchandise as Red Gold does not
guarantee and is not liable for such merchandise. Red Gold does not
warrant that merchandise descriptions are complete or accurate. The risk
of loss and title for merchandise purchased pass to you when we deliver
the merchandise to the shipper.
Payment for Merchandise
The following terms and conditions apply to your purchase of any product
through the Site (please note that to the extent that your purchase is
carried out on a Linked Site, your purchase will be subject to the terms
and conditions of use applicable to such Linked Site):
If you wish to purchase any product made available through the Site, you
may be asked to supply certain information relevant to your purchase,
including your credit card number, the expiration date of your credit
card, your billing address, and your shipping information. YOU REPRESENT
AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR
OTHER PAYMENT MEANS USED TO INITIATE ANY TRANSACTION. Any such
information provided through the Site will be treated by Red Gold in
information, you grant Red Gold the right to provide such information to
third parties for purposes of facilitating the completion of purchases
initiated by you or on your behalf. Verification of information may be
required prior to the acknowledgment or completion of any purchases.
We do not guarantee that product descriptions or other content on this
Site will be accurate, complete, reliable, current, or error-free.
Descriptions and images of, and references to, products on the Site do
not imply our or any of our affiliates' endorsement of such products. We
reserve the right, with or without prior notice, to change such
descriptions, images, and references; to limit the available quantity of
any product; to honor, or impose conditions on the honoring of, any
coupon, coupon code, promotional code or other similar promotions; to
bar any user from conducting any or all transaction(s); and/or to refuse
to provide any user with any product. Price and availability of any
product offered through the Site are subject to change without notice.
You agree to pay all charges that may be incurred by you or on your
behalf through the Site, at the price(s) in effect when such charges are
incurred, including all shipping and handling charges. In addition, you
are responsible for any taxes that may be applicable to your purchases
through the Site. Your sole remedy for the purchase of any product from
Red Gold through the Site is to return it for a full or partial refund
as set forth in the Return Policy within this document.
Payment for merchandise orders must be made at the time the order is
submitted to us. Red Gold accepts MasterCard or Visa. You are
responsible for the amount of the order if Red Gold is unable to collect
from the credit card company for any reason.
Merchandise returns must be made within 15 days of receipt. Returns must
be shipped at customer’s expense except when the return is a result of
Red Gold’s error, which shall be determined in Red Gold’s sole
discretion. All returns must be pre-approved in writing. Please note
that returns of food products will not be pre-approved unless the food
product is defective. Please call 1-866-729-7187 or email email@example.com to request pre-approval and authorization number for return.
Disclaimer and Limitation of Liability
ALL MATERIAL ON THE WEBSITE IS PROVIDED AS IS AND WITHOUT WARRANTIES OF
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
RED GOLD MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY,
COMPLETENESS, SAFETY, OR SUITABILITY OF ANY OF THE MATERIAL ON THIS
SITE, OR ON ANY SITE OR SITES "LINKED" TO OR FROM THIS WEBSITE. RED GOLD
MAKES NO WARRANTY THAT THE WEBSITE WILL BE AVAILABLE, UNINTERRUPTED,
ERROR FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. RED GOLD
FURTHER MAKES NO WARRANTY THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM
FOLLOWING ANY INSTRUCTIONS, DIRECTIONS, OR RECIPES ON THE WEBSITE.
RED GOLD SHALL NOT BE LIABLE FOR ANY LOSSES, DAMAGES, INJURIES, AND
CLAIMS OF ANY KIND (WHETHER IN CONTRACT, NEGLIGENCE, TORT, OR OTHERWISE)
INCLUDING BUT NOT LIMITED TO DIRECT, SPECIAL, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, OR PUNITIVE DAMAGES.
WE DO NOT CONTROL ANY THIRD-PARTY MATERIAL PROVIDED BY AUTHORIZED OR
UNAUTHORIZED EXTERNALLY LINKED WEBSITE TO OUR WEBSITE. WE ARE NOT LIABLE
FOR THE CONTENT OR ACCURACY OF INFORMATION LOCATED ON ANY
United States Only
All materials on the Website are provided solely for the purpose of
promoting Red Gold's operations and products in the United States, its
territories, possessions and protectorates. Red Gold makes no
representation that the materials on the Website are appropriate or
available for use in other locations. If despite these conditions, you
use the Website from outside the United States, you are solely
responsible for compliance with any applicable local laws.
Trademarks, Trade Names, and Service Marks
Unless otherwise indicated, all logos, names, package designs, and marks
on the Website are trademarks or service marks owned or used under
license by Red Gold. The use or misuse of any of these marks or other
information is strictly prohibited.
Modification and Termination of This Agreement
We reserve the right to change the contents of this Legal Statement,
sole discretion. You will be required to comply with any revisions and
therefore should periodically visit this legal statement to review the
We also reserve the right, at any time, to change or discontinue any
content or feature of the Site modify and/or waive any fees charged in
connection with the Site; and/or offer opportunities to some or all
users of the Site. You agree that we will not be liable for any
modification, suspension or discontinuance of the Site or any service,
content feature or product offered through the Site. Your continued use
of the Site after such changes will indicate your acceptance of such
Applicable Law and Disputes
By visiting the Website, you agree that all disputes shall be governed
by the laws of the State of Indiana, without regard to principles of
conflict of laws. You agree that the sole jurisdiction and venue for any
litigation relating in any way to the Website or merchandise purchased
on the Website will be an appropriate federal or state court located in
Allen County, Indiana.
any provision of this agreement is unlawful, void or unenforceable, it
will not affect the validity and enforceability of any remaining
You agree to indemnify, defend and hold harmless
Red Gold , its officers, directors, employees, agents, and each such
party’s successors and assigns from and against all actions, claims,
damages, demands, expenses (including reasonable attorney’s fees),
liabilities, losses, and suits arising from or relating to any violation
Your only right with respect to any
available through the Website, is to stop visiting and using the Site.
statement sets forth the entire agreement regarding all the matters
discussed in this statement. We may terminate your use of the site at
any time, in our sole discretion. Upon any such termination, your right
to use the Site will immediately cease. You agree that any termination
of your access to or use the Site may be affected without prior notice,
and that we may immediately deactivate or delete your password and all
related information and files associated with it, and/or bar any further
access to such information or files. You agree that we shall not be
liable to you or any third party for any termination of your access.