TERMS OF USE

 

Last Updated: July 26, 2020

 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR SERVICES.

 

Redress is a consumer to business to consumer apparel exchange marketplace, offering a convenient option for swapping quality secondhand women’s clothing and accessories. The following Terms of Use constitute a legally binding agreement (the “Terms”) between you and Redress International Holding Corp. and its affiliates (“Redress,” “we,” “us” or”our”) governing your use of our website(s), mobile applications, stores and other services or content available through the foregoing (collectively, the “Services”). You also agree to and accept our  Privacy Policy, which describes how we use the information you provide Redress. The User Terms and Privacy Policy are both incorporated into these Terms by reference.

Please read these terms of use carefully. By creating an account, subscribing, exchanging, swapping, purchasing points, using the Services, or otherwise indicating your assent to these Terms, you agree to be bound by these Terms and you represent and warrant that (1) you have read, understand, and agree to be bound by these Terms, (2) you are of legal age to form a binding contract with us, and (3) you have the authority to enter into the Terms (on behalf of yourself or the entity that you represent) . If you do not wish to be bound by these Terms of Use, you may not access or use the Services or order or exchange any products.

These Terms govern how claims you and Redress have against each other can be brought and will require you to submit claims you have against Redress to binding and final arbitration on an individual basis, not as a plaintiff or class member in any class, group or representative action or proceeding. If you do not agree to be bound by these Terms, you may not use or access the Services or exchange any of the offered products.

 

CHANGES

 

We may revise these Terms, our Privacy Policy, our policies, and/or the Services at any time. Your use of the Services following any change constitutes your agreement to follow and be bound to these Terms and Privacy Policy as revised. We will always post the most current version here: Terms of Use. At our discretion, we may also notify you of certain changes by sending you an email to the email address associated with your account. You are responsible for providing us with your current email address, which you may do when you create an account, and you may update it by modifying the information when logged in to your account. Any changes or modifications to our Services and/or policies including but not limited to, Terms of Use, Privacy Policy, Seller Terms, Gift Card Terms, will be effective upon posting of the revisions. Your continued use of the Services after the date of any such changes or modifications will indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions. Please regularly check Terms of Use to view the then-current Terms.

 

PRIVACY AND DATA RETENTION

 

Please review our Privacy Policy, which is incorporated into these Terms of Use and also governs your use of the Services. To the extent there is a conflict between the terms of the Privacy Policy and these Terms of Use, the Terms of Use govern. If you do not agree with our collection, storage and use of such information as described in the Privacy Policy, do not use our Services.

Redress will retain your information as long as we deem necessary. You may inform us of any changes or requests about your personal data, and in accordance with our obligations under local data protection law, we will use all reasonable means to update or delete your personal data accordingly. However, Redress will retain and use your information as necessary to comply with our legal obligations, resolve disputes and enforce our agreements. Redress reserves the right at all times to disclose any information as Redress deems necessary to satisfy any applicable law, regulation, legal process or governmental request.

 

LICENSE GRANT

Redress operates one or more websites and related mobile applications where the Services can be accessed (collectively, the “Website”). The Website contains data, text, graphics, photographs, graphs, sounds, images, audio, page headers, software (including HTML and other scripts), buttons, video, and other icons, all of which are arranged and compiled (all of the above “Information”), and which is either owned or licensed, or fairly used by us. Your use of this Website and access to the Information is expressly conditioned upon your agreement that all such access and use shall be governed by the terms set forth in these Terms of Use. You are hereby granted a non-transferable, non-sublicensable, limited, revocable, right and license to access and make use of the Website for your own exclusive benefit and solely for the purposes intended by the Website.

 

ACCOUNT REGISTRATION

In order to use the Services, you must register an account with Redress directly or through an authorized third-party service (each, a “TPS”). By enabling TPS access, you are allowing us to pass your login information to these service providers for this purpose. In addition, you are allowing us to access, make available, and store any information, content, or other materials that you have provided to or stored in your TPS account. You can revoke our access to any TPS at any time by disconnecting your TPS account via your Redress account.

Please remember that the manner in which a TPS uses, stores and discloses your information is governed solely by the policies of such TPS and Redress shall have no liability or responsibility for the privacy practices or other actions of any TPS that may be enabled within the Services.

If you choose to register an account with the Services (whether directly or through a TPS), you agree to provide and maintain accurate, current and complete information about yourself. Registration data and certain other information about you are governed by our Privacy Policy. Unless we expressly authorize you to do so, you are only authorized to create and use one account for the Services and are prohibited from using alter egos or other disguised identities when using the Services.

You also represent and warrant that you (a) have not previously been suspended or removed from the Services; (b) do not have more than one account; and (c) that you have full power and authority to enter into these Terms and in doing so will not violate any other agreement to which you are a party.

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Redress reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created under these Terms or your use of the Services.

 

 

 

CREDITS ACCOUNT

Unless otherwise stated, credit offered to you in consideration for your exchangeable items will be non-transferable and available once such items have been fully validated by Redress only for exchanging on the Website.

 

TITLE TO PROPERTY

You will continue to own and have title to each item until that item is "Exchanged". An item will be considered exchanged when sent to Redress and Redress has verified its eligibility and meets quality standard. Non-eligible and inferior quality items will be retuned or donated to charity. You will be responsible to applicable shipping and handling fees on returns and donations.

 

SUSCRIPTION AND CREDITS

In order to subscribe to use the Services, you must have a valid payment method on file with us. You are responsible for paying all fees and applicable taxes associated with our Services. If your payment method fails, or your account is past due, we may collect fees owed using other collection mechanisms. This includes, without limitation, charging a portion of the owed amount, charging other payment methods on file with us, retaining collection agencies and for accounts over 180 days past due, deducting the amount owed from your approved online payment account. To ensure uninterrupted service and to enable you to conveniently make exchanges, Redress will store and update (e.g. upon expiration) your payment method on file. If you choose to use a third-party payment service offered by Redress, you are subject to their terms of use and privacy policies.

Our inventory availability and listing prices are subject to change at any time without notice. Pricing for items from non-local distribution centers may include a surcharge to cover additional localization and logistics costs. In order to maximize the selection of items available for exchange, Redress reserves the right, in its sole discretion, to limit the amount of time an item may remain in a customer cart. Unfortunately, at times pricing, credits or typographical errors may occur. In the event that an item is listed at an incorrect price or contains incorrect information due to an error in pricing or product information, Redress reserves the right, at our sole discretion, to refuse or cancel any orders placed for that item.

To the fullest extent permitted by law, we reserve the right to cancel any promotion, discount, coupon or similar incentive before its originally stated expiration date without notice and at our sole discretion. Please note that only one account per delivery address may be eligible for promotional codes and discounts, including, but not limited to new customer and first-time purchase promotions. Except as otherwise stated, all prices are quoted in U.S. Dollars and all promotions may be limited to U.S. customers.

Except as otherwise stated, the risk of loss for all products you order passes to you upon our delivery to the carrier (such as FedEx, UPS, or USPS).

 

RETURN AND REFUND POLICY

Except as otherwise stated, you have 72 hours after receiving your order to return any item with a material defect, such as big or multiple stains, wholes, evident or multiple unstitching or alike. Returned items will be credited back to your account for the full amount of the exchange credits. Return shipping and handling fee may be deducted from your refund amount or charged to your registered payment methods. However, customers initiating non eligible returns or more than one return per month will be responsible for the cost of return shipping. Original shipping charges may not be credited or refunded when returning items.

Please note that we will only offer credit or a refund for items if they are returned to Redress on a timely basis and are in the same condition in which you received them. If you do not meet these requirements, your returned item will be forfeited.

Handbags and final exchange items are non-returnable. However, we do guarantee the quality and authenticity of handbags.

 

PRODUCT DESCRIPTIONS

While we attempt to be as accurate as possible, Redress does not warrant that product descriptions or other content of any Services is accurate, complete, reliable, current, or error-free, especially when such content is provided by users. We have made efforts to display as accurately as possible the colors and styles of our products. We cannot guarantee that your computer monitor’s display of any color or style will be accurate. If a product offered by Redress is not as described, your sole remedy is to return it in unused condition.

 

REDRESS DELUXE

Redress DELUXE accepts women’s luxury designer clothes, handbags, and shoes from our approved designer brands list. Most DELUXE items are authenticated by our specially trained authentication team. The initial listing price of REDRESS DELUXE items is based on a variety of factors as determined by our authentication team. You acknowledge and agree that REDRESS DELUXE authentication process is in-house and independent. Brands identified on the Website are not involved in the authentication of the products being exchanged, and none of the brands sold assumes any responsibility for any products purchased from or through the Website. Brands sold on the Website are not partnered or affiliated with Redress in any manner. However, Redress fully cooperates seeking to track down the source of counterfeit items, which includes revealing the contact information of users submitting counterfeit goods. If Redress cannot verify the authenticity of an item does not meet the authenticity standard, we reserve the right to destroy apparel it deems to be counterfeit in accordance with applicable laws.

 

 

 

CREDIT ALLOCATION

credit allocation FOR SECONDHAND ITEMS

While we acknowledge that pricing is not an exact science, we strive to provide fair and accurate credit allocation to each item. Credit allocation represents our good-faith estimate pricing for similar items sold under the same or other brand in second hand retail stores or websites. As prices often fluctuate, we cannot guarantee that credit reflect the prevailing market price at any given time in any given geographic region, but we strive to group items in comparable batches so can receive an equivalent to what you are exchanging.

 

ELEGIBILITY & QUIALITY STANDARDS

 

Only eligible high-quality items that meet our strict standards will be listed in our Website.

 

Upon receipt, Redress will evaluate each item to determine, in its sole discretion, its authenticity, quality, and value. The item’s condition will affect the valuation.

 

Eligible items are:

 

Redress:

 

Women Mini-dresses*

Women Midi-dresses*

Women Maxi-dresses*

Women Gowns*

Women Jumpsuits

Women Rompers

Women Jackets

Women 2-piece sets (Please note that matching sets will not be accepted if not together, and they will they be listed together.)

 

 

 

Redress Deluxe

Designer Brand Handbags

Designer Brand Dresses*

 

 

 

Eligible items will be listed when:

 

New or like-new secondhand clothing that has been freshly laundered. Please make sure your items are completely dry!

Items that are in-season, on-trend, and have been purchased within the past three years.

 

Eligible items will be NOT be listed when:

 

Clothing or handbags are showing signs of wear: rips, tears, pilling, fading, shrinkage, or blemishes of any kind.

Missing or broken parts, stains and odors, or that have shrunk, stretched, or been altered

Missing sizing information

Manufactured by the brand represented on the item or that are considered to be inauthentic by Redress

Clothing and handbags purchased more than three years ago.

 

Items that does not meet the above requirements will not be accepted and will be either (1) returned to you at your expense or (2) with your approval, confirmed in writing, Redress will donate your items to a charity (Please note, unauthenticated items may be destroyed or relinquished to competent authorities as required by applicable law).

 

TRADEMARK NOTICE

Please note that Redress is an independent reseller of like-new clothing and accessories and is not affiliated with or endorsed by any designer, manufacturer, retailer or brand of the items that are listed through our Services. All third-party brand names and logos used in any commercial context by Redress are trademarks and/or registered trademarks of their respective holders. Any such appearance does not imply any affiliation with or endorsement of Redress.

 

ACCESS TO THE SERVICES

App Stores. With respect to any mobile application (each, an “App”) accessed through or downloaded from the Apple App Store, Google Play Store or any similar store or marketplace (each an “App Store” and references to the App Store include the corporate entity and its subsidiaries making the App Store available to you), you agree to comply with all applicable third party terms of the App Store (the “Usage Rules”) when using the App. To the extent these Terms provide for usage rules that are less restrictive than or otherwise in conflict with the Usage Rules, the more restrictive term applies. You acknowledge and agree that the availability of the App and the Services is dependent on the third party from whom you received the App license, e.g., the App Store. You acknowledge that these Terms are between you and us and not with the App Store. We, not the App Store, are solely responsible for the App and Services, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). In order to use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the App or Services. You agree to comply with, and your license to use the App is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using the App or Services. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of these Terms of Use and will have the right to enforce them.

Open-Source Software. Certain software code incorporated into or distributed with the Services may be licensed by third parties under various “open-source” or “public-source” software licenses (such as the GNU General Public License, the GNU Lesser General Public License, the Apache License, the Berkeley Software Distribution License, and the MIT License) (collectively, the “Open Source Software”). Notwithstanding anything to the contrary in these Terms of Use, the Open Source Software is not licensed under these Terms and instead is separately licensed pursuant to the terms and conditions of their respective open-source software licenses. You agree to comply with the terms and conditions of such open-source software license agreements.

 

INTELLECTUAL PROPERTY RIGHTS

You acknowledge and agree that the Services may contain images and descriptions of fashion items and other content (collectively, “Service Content”) that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Redress you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part. In connection with your use of the Services, you shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Services other than as specifically authorized herein is strictly prohibited. The technology underlying the Services (including the Software distributed in connection therewith) is the property of Redress, our affiliates, and our partners. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Services (including the Software). Any rights not expressly granted herein are reserved by Redress.

 

REDRESS is a trademark in the U.S. Patent and Trademark Office. These and any other Redress product or service names or slogans displayed through the Services are trademarks of Redress. You may not copy, imitate or use them, in whole or in part, without our prior written consent. In addition, the look and feel of Redress is the service mark, trademark and/or trade dress of Redress and you may not copy, imitate or use it, in whole or in part, without our prior written consent. Other company, product, and service names and logos used and displayed through the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Redress and may not be used by you without permission. Any use of such marks, or any others displayed on through the Services, will inure solely to the benefit of their respective owners.

If you believe, in good faith, that any materials on the Services infringe upon your copyrights, you may file a DMCA Notice of Alleged Infringement according to the process set out in the U.S. Digital Millennium Copyright Act. with our Designated Copyright Agent:

Redress International Holding Corp.
Email: [email protected] 

When submitting a DMCA Notice of Alleged Infringement, please provide us with this information:

A physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the site;
Your address, telephone number, and email address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

 

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FEEDBACK AND USER CONTENT

In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to products or the Services (collectively “Feedback”), you agree we may use the Feedback to: (a) improve our Services or any products and (b) promote the Services and products, and that you will not be due any compensation for your Feedback that is used in these ways. To the extent that we have your name, likeness, or voice, this will be part of the Feedback and you agree that we may use your name, likeness and voice in the same manner that we can use other Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the Services or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise.

By using the Services, you may submit or publish various forms of media content and written communications as well as photos, captions, suggestions, ideas, comments, questions, or other information (collectively, “User Content”), so long as the User Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of a payment method or other User Content. Redress reserves the right to use, remove, edit or report such User Content, but is not obligated to regularly review nor monitor User Content. You acknowledge and agree that any User Content provided by you to us are non-confidential and shall become the sole property of Redress if Redress should choose to use the User Content. Redress shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of User Content for any purpose, commercial or otherwise, without acknowledgment or compensation to you. If Redress does include your User Content, or any part thereof, you are deemed to have granted Redress a nonexclusive, royalty-free, perpetual, unlimited, irrevocable, and fully assignable and sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from your User Content, and distribute and display your User Content throughout the world on any media or platform.

You acknowledge and agree that the User Content may be used by Redress for marketing purposes, including without limitation, email, social media, direct mail, etc., or on any sites Redress owns and operates, and you hereby grant us permission to use and authorize others to use your name or social media handle in association with the User Content for identification, publicity related to the Services and similar promotional purposes, including after your termination of your Account or the Services.

You represent and warrant that the publication and use of your User Content, including to the extent such User Content include your name, likeness, voice, or photograph, does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and other intellectual property rights, or is otherwise injurious to third parties or objectionable and does not consist of or contain software viruses. You will indemnify Redress, its shareholders, officers and/or employees and consultants for all claims and/or action made or brought by a third party resulting from Redress using of your User Content.

You represent and warrant that you own or otherwise control all of the rights to your User Content; that the content of your User Content is accurate; that use of the User Content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Redess for all claims resulting from User Content you supply. Redress has the right but not the obligation to monitor and edit or remove any activity or User Content. Redress takes no responsibility and assumes no liability for any User Content posted by you or any third party. Redress, in any event, reserves the right (but not the obligation) to remove or edit your User Content, at its discretion and without requirement of any notice to you.

Redress reserves the right to, but no obligation to, and may from time to time, monitor any and all data transmitted or received through the Website. Redress at its sole discretion and without further notice to you, may (but is not obligated to) review, censor or prohibit the transmission or receipt of any Information which the Redress, deems inappropriate or that violates any term or condition of this Terms of Use During monitoring, data may be examined, recorded, copied, and used by Redress. Use of the Website by you, authorized or unauthorized, constitutes consent to such foregoing monitoring.

 

 

 

 

ELECTRONIC COMMUNICATIONS

By subscribing and/or creating an account, you agree that you may receive communications from Redress, including, but not limited to, newsletters, promotions, special offers, account reminders and updates.

When you use our Services or send emails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as emails, texts, mobile push notifications, or notices and messages on this site or through the other Services, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

You also understand that you can remove yourself from these communications by clicking the “Unsubscribe” link in the footer of our emails or by contacting our customer service department at [email protected].

 

RIGHT TO ACCESS

The Services are not targeted towards, nor intended for use by, anyone under the age of 13.. If you are under the legal age of majority in your jurisdiction (usually 18), you may use the Services only with involvement of a parent or guardian. By using the Services, you represent and warrant that you are 13 years of age or older. If you are not at least 13 years of age, do not access, use or register for an account. In addition, you may not make an exchange in our Sites unless you are at least 18 years of age.

IF YOU ARE A PARENT OR GUARDIAN THAT PROVIDES CONSENT TO A MINOR’S REGISTRATION WITH AND USE OF THE SERVICES AND WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS IN RESPECT OF SUCH MINOR’S USE OF THE SERVICES AND WEBSITE.

 

RESTRICTED ACTIVITIES

With respect to your use of the Services and Website, you agree that you will not:

impersonate any person or entity;
stalk, threaten, or otherwise harass any person, or carry any weapons;
violate any law, statute, rule, permit, ordinance or regulation;
interfere with or disrupt the Services;
post information through, or interact with, the Services in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal;
use the Services in any way that infringes any third party’s rights, including but not limited to: privacy rights, intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
“frame” or “mirror” any part of the Services, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other website for any purpose; or
modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Services or any software used on or for the Services;
rent, lease, lend, sell, redistribute, license, sublicense or access to any portion of the Services;
use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents;
link directly or indirectly to any other websites;
discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation,
cause any third party to engage in the restricted activities above;
use the Website and Services for any unlawful purposes;
sell, resell, sublicense, distribute, transfer, copy, reproduce, publicly display, duplicate, or download (other than page caching), the Website or Services, or any part thereof;
collect information (including without limitation, any product listings, descriptions, photos, images, or prices), as listed on the Website or included in the Services [unless as permitted by Section “Communications and Other Content”];
adapt, modify and/or make any derivative modifications to the Website or the Information, or any part thereof;
download or copy any account and/or information from the Website or Services, or any part thereof, for the benefit of another person, entity, vendor and/or merchant;
use any meta tags or any other “hidden text” utilizing Redress name or trademarks or any third party’s name or trademarks without the express written consent of Redress or the applicable third party.
publish and/or use unlawful, threatening, abusive, defamatory, libelous, vulgar, obscene, profane, indecent or otherwise objectionable, language, text, photos, graphics or howsoever otherwise publications, on the Website;
collude against another person in restraint of trade and competition;
create a hyperlink to the Website, or any page of the Website, without Redress express written consent; or
imply affiliation with or endorsement or sponsorship by Redress, or cause confusion, mistake, or deception in connection therewith.

 

SUPPLY CHAIN TRANSPARENCY

Redress does not condone or intentionally support human trafficking, slavery or any other form of forced labor.

Redress requires its professional suppliers to adhere to labor and workplace standards that include employment of workers above the minimum working age who freely choose to work and who are regularly, legally compensated. We also require our professional suppliers to warrant that any products sent to Redress were made in compliance with all applicable laws, including laws prohibiting child labor, forced labor, and unsafe working conditions. However, Redress does not currently require its suppliers to provide any additional certification regarding compliance with slavery and human trafficking laws nor do we regularly engage in audits of our professional suppliers’ factories to verify their compliance with our standards (although we continue to evaluate the feasibility of conducting audits).

Redress maintains internal accountability standards for employees and contractors, and we will not tolerate slavery or human trafficking by either.

 

 

 

RELEASE AND INDEMNITY

If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless Redress and our subsidiaries and affiliates, and our respective officers, directors, agents, partners, members, employees, independent contractors, service providers and consultants (together with Redress, the “Redress Parties”), from and against any claims, damages, costs, liabilities and expenses (collectively, “Claims”) arising out of or related to (a) your misuse of the Services; (b) any Submissions you post, upload, use, distribute, store or otherwise transmit on or through the Services; (c) your violation of these Terms; and (d) your violation of any rights of another. You agree to promptly notify the Redress Parties of any third party claims, cooperate with the Redress Parties in defending such claims and pay all fees, costs [including non statutory costs] and expenses associated with defending such claims (including but not limited to attorney’s’ fees). You further agree that the Redress Parties shall have control of the defense or settlement of any third-party claims.

 

LIMITATION OF LIABILITY AND DISCLAIMER

THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED BY REDRESS ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. REDRESS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, REDRESS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE. REDRESS DOES NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, REDRESS ’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM REDRESS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

REDRESS IS NOT RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF ANY SERVICE (INCLUDING WITHOUT LIMITATION THE CLEAN OUT BAG), OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SERVICE, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. THE ABOVE LIMITATIONS AND EXCLUSIONS ARE ENFORCEABLE UNDER NEW JERSEY LAW.

You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of the Website and Information, and for maintaining any means which you may require for the reconstruction of lost data or subsequent manipulations or analyses of the Information provided under these Terms. YOU AGREE THAT COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS AND/OR REPRESENTATIVES, SHALL NOT IN ANY EVENT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE AND INFORMATION FOR ANY REASON WHATSOEVER.

DISPUTE RESOLUTION; BINDING ARBITRATION; CLASS ACTION WAIVER

INFORMAL DISPUTE RESOLUTION

In the event you wish to initiate an action, we strongly encourage you to first contact us directly to seek a resolution by going to our Support Center.

If your issue is not resolved accordingly, then you agree to the following dispute resolution procedure: in the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted through the Services, or the breach, enforcement, interpretation, or validity of these Terms or any part of it (“Dispute”), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first-class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent:

to Redress at: [email protected]
to you at: your last-used billing address or the billing and/or shipping address in your online profile.
You agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration or filing any claim against the other party.

 

ARBITRATION AGREEMENT

To the extent you cannot resolve any Dispute through the informal dispute resolution procedure described above, A DISPUTE SHALL BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION. Arbitration is a process established by law that allows parties to a transaction to agree to resolve their Disputes by an independent arbitrator, rather than by a judge and jury. In an arbitration, only the arbitrator hears the evidence presented by both sides and makes a decision that is final and binding on the parties. The arbitrator may award damages and provide other relief as provided by law. By agreeing to arbitrate any Disputes with us, you agree to give up your right to go to court to assert or defend your rights under this Agreement and with respect to any Dispute, You and Redress expressly delegate to the arbitrator the authority to determine the arbitrability of any Dispute, including the scope, applicability, validity, and enforceability of this arbitration provision. This Arbitration Agreement is intended to require arbitration of every claim or dispute that can lawfully be arbitrated, except for those claims and disputes which by the terms of this Arbitration Agreement are expressly excluded from the requirement to arbitrate. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

Prior to initiating any arbitration, the initiating party will give the other party at least 60-days’ advance written notice of its intent to file for arbitration. Redress will provide such notice by email to your email address on file with Redress and you must provide such notice by email to [email protected]. During such 60-day notice period, the parties will endeavor to settle amicably by mutual discussions any Dispute. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration. 

Where the relief sought is $10,000 or less, the parties agree that the arbitration will be conducted by FairClaims (www.fairclaims.com) in accordance with their applicable arbitration rules & procedures effective at the time a claim is made. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise. To begin an arbitration proceeding with FairClaims, you must follow the steps outlined by FairClaims’ How It Works page.

Where the relief sought is $10,001 or more, the parties agree that resolution shall be conducted by JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000 in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. To begin an arbitration proceeding with JAMS, you must send a letter requesting arbitration and describing your claim to: Redress Inc. Attn: General Counsel, 969 Broadway, Suite 200, Oakland, CA 94607.

JAMS’s rules are also available at jamsadr.com or by calling JAMS at 800-352-5267. If permitted by JAMS, you may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum.

All aspects of any arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

WAIVER OF RIGHT TO BRING CLASS ACTIONS AND REPRESENTATIVE CLAIMS

All arbitrations shall proceed on an individual basis, not on a class action or other consolidated basis. The arbitrator is empowered to resolve the Dispute with the same remedies available in court, however, any relief must be individualized to you and shall not be joined with, or otherwise affect, any other Dispute. You and Redress agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in so doing you and Redress hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration.

This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act. The terms of the Arbitration Agreement provisions shall survive after this Agreement terminates or your use of the Sites ends. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement.

TERMINATION

With the exception of the Arbitration Agreement, which shall survive the termination of these Terms, these Terms are effective unless and until terminated by either you or Redress. You agree that Redress, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Services at any time. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Services, may be referred to appropriate law enforcement authorities. Redress may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of these Terms may be effected without prior notice, and acknowledge and agree that Redress may immediately deactivate or delete your account and/or bar any further access to the Services. Further, you agree that Redress shall not be liable to you or any third-party for any termination of your access to the Services.

Redress may terminate these Terms immediately without notice for any of the following reasons: (a) if you fail to make any payment when due; (b) for any unauthorized access or use by you; (c) if you assign or transfer (or attempt the same) any rights granted to you under these Terms; (d) if you fail to abide by the rules and regulations relating to the use of, or tamper with or alter any of the Information contained in, or accessed through, the Website; (e) if you transmit or receive any Information using the Website (or cause the same) in violation of these Terms (Redress , at its sole discretion, shall determine whether any information transmitted or received violates this provision); or (f) if you violate any of the other terms and conditions of these Terms. Termination or cancellation of these Terms shall not affect any right or relief to which the Redress may be entitled, at law or in equity. Upon termination of these Terms, all rights granted to you will terminate and revert to Redress.

Redress reserves the right to modify the terms and conditions of these Terms. Such modifications may include, without limitation, changes in prices, implementation of user priorities, implementation of rules for use by you, and discontinuance of functional aspects of the Website. Redress may also add, withdraw or modify Services or Information within the Website at any time in its sole discretion. All such modifications shall be displayed online, and such display shall constitute effective notice under these Terms on the day Redress places them on the Website. You agree to review the terms and conditions of these Terms periodically to be aware of such revisions.

 

GENERAL INFORMATION

These Terms shall be governed by the laws of the State of Florida without regard to choice of law principles, except for the Arbitration Agreement above, which shall be governed by the Federal Arbitration Act. These Terms are for the benefit of, and will be enforceable by, the parties only and are not intended to confer any right or benefit on any third party or to create any obligations or liability of a party to any such third party. If any provision of the Terms is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. You agree that these Terms and all incorporated agreements may be automatically assigned by Redress, in our sole discretion.

Except as explicitly stated otherwise, any notices to Redress shall be given by certified mail, postage prepaid and return receipt requested to:…………………………………………….

 

Any notices to you shall be provided to you through the Services or given to you at the email address or physical address you provide to Redress during the registration process. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches.

These Terms along with our Privacy Policy and the terms set forth in our Support Center collectively set forth the entire understanding and agreement between you and Redress with respect to the subject matter hereof and supersedes all previous understandings and agreements between the parties, whether oral or written.

If there is any conflict between these Terms and any help text, manuals, or other documents, these Terms shall govern, whether such other documents are prior to or subsequent to these Terms, or are signed or acknowledged by any member of the Company parties.

If Redress takes action (by itself or through its representatives) to enforce any of the provisions of these Terms, including collection of any amounts due hereunder, and is awarded damages or other relief at law or in equity in the action, Redress shall be entitled to recover from you (and you agree to pay), in addition to all sums to which it is entitled or any other relief, at law or in equity, attorney’s fees incurred and any costs, including non-statutory costs, of any litigation, or proceeding.

To the extent allowed by applicable law, any claims or causes of action arising from or relating to your access and use of the Services or Website contemplated by these Terms must be instituted within two (2) years from the date upon which such claim or cause arose or was accrued.

 

QUESTIONS?

If you have questions about these Terms or the Services, please visit our Support Center, contact our customer service department at [email protected] or our legal department at [email protected].