Welcome to the Red Gold, Inc. (together with its related companies, “Red Gold”) website (the “Website”). By using this Website, you indicate your understanding of our Terms of Use and further agree to be legally bound by the following terms and conditions.
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING 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.
Electronic Communications
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.
Submitted Information
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 submitted material.
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 Gold, in accordance with the terms of its Privacy Policy, is free to use such information for any purpose it deems appropriate, including marketing purposes.
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 Terms of Use and any other operating rules established by us, or for 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 these Terms of Use or otherwise objectionable or inaccurate. We also 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.
Your Account
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 discretion.
License
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 accordance with our Security and Privacy Policy. By submitting such 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.
Return Policy
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 info@redgold.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 EXTERNALLY-LINKED WEBSITE.
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, including without limitation any of the Terms of Use, at any time at our sole discretion. You will be required to comply with any revisions and therefore should periodically visit this legal statement to review the current Terms of Use to which you are bound.
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 changes.
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.
Miscellaneous
- If any provision of this agreement is unlawful, void or unenforceable, it will not affect the validity and enforceability of any remaining provisions.
- 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 of these Terms of Use.
- Your only right with respect to any dissatisfaction with these Terms of Use or the Website or any content available through the Website, is to stop visiting and using the Site.
- This 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.