HOW WE COLLECT THE INFORMATION
There are many ways that RED may obtain information from you: (1) via sign up on any RED website(s); (2) from an online, email, retail, fax or telephone purchase; (3) from navigational information about where visitors go on our website; (4) when you enter any RED sweepstakes/giveaways; (5) any time you submit a business reply, product, or warranty card; (6) when you sign up at a RED Store; (7) upon contacting customer service to request RED communications; and (8) upon signing up at an event. This information may be collected by RED or by vendors/service providers retained by RED and obligated to maintain your personal information in a confidential manner.
THE INFORMATION WE COLLECT
When you register on-line to receive our product information, you will need to provide us with your name, address and email address. When you make a purchase through RED’s website, you also will need to give us your telephone number and credit card number so we can process your payment and contact you in the event of any problems with delivery. If you contact our customer service department, you may need to provide us with additional information so that we can respond to your questions or concerns as completely and thoroughly as possible. In order to provide users and subscribers with the most efficient and enhanced service and to better understand your preferences, we may request your gender, year of birth, sports of interest, shopping preference and product interest. Whether or not you provide this information is entirely up to you. We also may collect additional non-personally identifiable information (for example, browser version, IP address) which will provide information regarding the general use of our website. The navigational information allows us to see which areas of our website are most visited and helps us improve the quality of your online experience by recognizing and delivering more of the most desired features and services.
HOW WE USE THE INFORMATION
- To administer a contest, promotion, survey or other site feature and to provide you with the relevant products or services (for instance to deliver a prize you may have won in a contest).
- To send you information/materials via email or mail about products, offers and news we think could interest you. This information may relate to products, offers and news of RED. We only send you this if you have opted-in to receive RED catalogs or email messages.
- To analyze visits to the website and learn about the interests of our visitors in the aggregate and to better understand your personal interests and needs, so we can improve our products and services and deliver to you the type of content, features and promotions that you are most interested in.
- The information obtained from registration on-line is utilized to improve your web experience with RED by enabling you to obtain a faster checkout for purchases and/or opt-in to receive occasional emails, which provide you with the latest and greatest information regarding RED and its products.
- Remember the items in your shopping basket
- Recognize you when you return to our website
- Analyze visitor behavior
You can choose to have your computer warn you each time a cookie is being sent or you can choose to turn off all cookies. You do this through your browser settings. Please note, however, that by deleting our cookies or disabling future cookies you may not be able to access certain areas or features of our website. We also work with other companies who use tracking technologies, including web beacons, to serve ads on our behalf across the internet. These companies may collect non-personally identifiable information about your visit to our website about your interaction with our communications, including advertising and emails. If you object to web beacons, we recommend that you follow the instructions for deleting existing cookies and disabling future cookies. We will still know how many of our emails are opened and we will automatically receive your IP address, a unique identifier for your computer or other access device but we will not identify you as an individual.
SHARING INFORMATION WITH THIRD PARTIES
RED has a company policy not to flood people with email correspondence, but simply to give you periodic information so you can stay up to date on what RED is offering. RED will send emails to you only if you ask for them and you can easily unsubscribe at any time you want by calling our customer service department at (949) 206-7900 or by following the instructions contained in the email. RED also uses your email address to confirm your order and to confirm shipment of your order and to respond to any inquiries you make on-line. All emails you receive will provide you with information as to how to get off the email mailing list if you so desire.
If you would like to update your mailing information or want your name and address removed from RED’s direct mailing list you can give us a call at (949) 206-7900.
If you are under 14, you should surf RED.com only with involvement of a parent or guardian. Although RED does not specifically direct its website, catalogs or emails to children, RED strives to provide children with as much customer service as possible without violating their privacy rights. For their protection, RED asks that anyone under 14 years of age not attempt to register with RED or otherwise provide RED with any personal information without the consent of a parent or legal guardian.
ACCESS TO YOUR PERSONAL INFORMATION
RED will provide you with access to the personal information you provided to RED by allowing you to view, update or correct your information. In order to protect your privacy, RED takes steps to verify your identity before granting you access to the private information or enabling you to make corrections. RED will accomplish this through the use of passwords and personal data. If you want to find out what personal information RED holds about you, please contact our customer service department at (949) 206-7900. We may charge you a small fee for providing this information.
Our website’s bunker security system is armed with a sentry system to monitor activity and prevent any unauthorized disclosure of credit card numbers or other personal information. In addition, we utilize a licensed system for credit card authorization and fraud detection. We use industry standard SSL (Secure Sockets Layer) encryption to protect the confidentiality of your personal information.
OPT OUT / UNSUBSCRIBE
You may request to stop receiving communications from RED at any time. You can choose to cancel emails only, snail mail only or both by calling our customer service department at (949) 206-7900. Also, all emails you receive will provide you with information as to how to get off the email mailing list if you so desire. It takes some time to put opt-outs in effect so you may still receive catalogs or emails from RED for several weeks after your request is received. You may also request to opt-out of RED retaining your personal data by calling our customer service department at (949) 206-7900.
UPDATES TO PRIVACY INFORMATION
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to RED, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
You may use information on RED products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by RED for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
YOUR USE OF THE SITE
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. RED reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any RED server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of RED, including any RED account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
Harassment in any manner or form on the site, including via e-mail or chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a RED or other employee, host or representative, as well as other members or visitors of the site, is prohibited. You may not upload to, distribute, or otherwise publish through the site any content that is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, which may constitute or encourage a criminal offense, violate the rights of any party, or which may otherwise give rise to liability or violate the law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
RED does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user generated content on the site, RED is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, RED reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, in its sole opinion, (b) fraudulent, deceptive or misleading, (c) in violation of copyright, trademark or other intellectual property right of another or (d) offensive or otherwise unacceptable to RED at its sole discretion.
In an attempt to provide increased value to our visitors, RED may choose various third-party websites to link to from its own site. However, even if the third party is affiliated with RED, RED has no control over these linked sites, all of which have separate privacy and data collection practices, independent of RED. RED has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or content of such websites. These linked sites are only for your convenience and therefore you access them at your own risk.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or RED’s systems or networks, or any systems or networks connected to the Site or to RED.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to RED on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
PURCHASES; OTHER TERMS AND CONDITIONS
RED’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements. RED may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and RED makes no commitment to update the materials on the Site with respect to such products and services. Additional terms and conditions, incorporated in the Legal section of the Site, may apply. Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Site.
ACCOUNTS, PASSWORDS AND SECURITY
Certain features or services offered on or through the Site may require you to open an account (including setting up an RED ID and password). 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 as a result of your failing to keep this information secure and confidential. You agree to notify RED 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 RED or any other user of or visitor to the Site due to someone else using your RED ID, password or account as a result of your failing to keep your account information secure and confidential.
You may not use anyone else’s RED ID, password or account at any time without the express permission and consent of the holder of that RED ID, password or account. RED cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
LINKS TO OTHER SITES AND TO THE RED SITE
This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under RED’s control, and RED 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.
RED DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE 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. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. RED CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. RED DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. RED 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 AND/OR ANY RED SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST RED FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
RED reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to 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.
In the event a RED product is listed at an incorrect price due to a typographical error, error in pricing information received from our suppliers, or from a computer hack or other computer glitch, RED will have the right to refuse or cancel any orders placed for product listed at the incorrect price. RED will have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, RED will issue a credit to your credit card account in the amount of the incorrect price.
LIMITATION OF LIABILITY
Except where prohibited by law, in no event will RED be liable to you for any special, indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if RED has been advised of the possibility of such damages.
You agree to indemnify and hold RED, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, parents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against RED by any third party due to or arising out of or in connection with your use of the Site.
RED may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) RED’s rights or property, or the rights or property of visitors to or users of the Site, including RED’s customers. RED reserves the right at all times to disclose any information that RED deems necessary to comply with any applicable law, regulation, legal process or governmental request. RED also may disclose your information when RED determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You agree that RED may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
GOVERNING LAW; DISPUTE RESOLUTION
VOID WHERE PROHIBITED
RED administers and operates the Site from its location in Irvine, California, in the United States of America; other RED 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. RED 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.
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
RED provides access to RED international data and, therefore, may contain references or cross references to RED products, programs and services that are not announced in your country. Such reference does not imply that RED in your country intends to announce such products, programs or services.
FEEDBACK AND INFORMATION
Any feedback you provide at this site will be deemed to be non-confidential. RED will be free to use such information on an unrestricted basis.
Please read all of these terms and conditions ("Terms") carefully before submitting your pre-order for HYDROGEN ONE product by RED (the "Product"). These terms (“Agreement”) govern your pre-order for the Product between RED DIGITAL CINEMA, LLC and the Buyer (“Buyer” or “you”). RED DIGITAL CINEMA, LLC is the seller of RED HYDROGEN ONE and RED.COM, LLC is the manufacturer of such RED branded goods. For the purposes of this Agreement, RED DIGITAL CINEMA, LLC and RED.COM, LLC are collectively referred to as "RED.
You understand, agree and acknowledge that you are making a pre-order and offering to purchase a Product from us, the specification and delivery date of which are not finalized and subject to change. Once your payment for a pre-order is received by us, those funds may be used by us as part of the ongoing research, development and manufacturing of the Product and related goods and services. You further understand, agree and acknowledge that we reserve the right to terminate the Product and cancel all pre-orders at any time if certain business factors are realized, in our sole discretion. In the event of any cancelation of pre-orders, however, all funds deposited by you will be refunded or converted to credit on your RED account, in your sole discretion and election.
By submitting your pre-order or confirming your shipping address, you agree to be legally bound by these Terms. As explained in these Terms in more detail:
- These Terms provide that all disputes related to or arising out of these Terms will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Arbitration Agreement in Section 22 for the details regarding your agreement to arbitrate any disputes arising under these Terms. (See Section 22)
- By submitting your pre-order, you are offering to purchase a Product from us. We may reject your offer and refund all amounts paid by you. (See Section 1)
- Specifications for our Products may change. We will endeavor to provide you with timely updates on specifications and delivery dates (See Section 6)
- Shipping of the Products may be significantly delayed. (See Section 7)
- A limited warranty will be provided. (See Section 11)
- RED's liability is limited. (See Sections 1 and 14)
- YOU MAY CANCEL YOUR PRE-ORDER AT ANY TIME – FOR ANY REASON OR NO REASON - PRIOR TO COMMENCEMENT OF SHIPPING THE PRODUCT, AND WILL RECEIVE A PROMPT REFUND OR CREDIT TO YOUR RED ACCOUNT (BOTH WITHOUT INTEREST), IN YOUR SOLE ELECTION.
1. PRE-ORDER AND ACCEPTANCE. Each pre-order you submit for a Product constitutes an offer to purchase that Product. Pre-orders are complete when you provide your shipping address to us. Completed pre-orders are subject to RED's acceptance and may be rejected at any time and for any reason at RED's discretion. If RED rejects your offer, RED will, as your sole and exclusive remedy and RED's sole and exclusive liability, refund the amount you paid as described in Section 6. RED will send you an email to the address provided by you once Products are shipping to indicate whether your pre-order has been accepted or rejected. If you have any questions, comments, or concerns regarding RED's pre-order acceptance policy, or if you believe that your pre-order was rejected in error, please contact us at email@example.com. If you do not provide your shipping information within 30 days of RED's request, RED may, at its sole discretion, provide you a full refund of the amount you paid or continue to attempt to contact you. RED will make reasonable efforts to contact you to provide a refund after that 30 day period, but if RED does not receive a response from you within 90 days of RED's initial request for your shipping address, or if RED is not able to process your refund after that 30 day period (for example, due to a cancelled credit card or closed PayPal account), then RED will treat the amount that you paid as unclaimed property in accordance with applicable law.
2. ELEGIBILITY. You must be at least 18 years old to offer to purchase a Product. By agreeing to these Terms, you represent and warrant to us that you are at least 18 years old. If you are offering to purchase a Product on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.
3. PRICES. All published prices are subject to change without notice. Written quotations shall expire thirty (30) calendar days from the date of quotation unless withdrawn in writing sooner. Verbal quotations are provided for budgetary guidance only. Unless otherwise specifically stated, prices are in U.S. Dollars. In the event a Product is listed at an incorrect price due to a typographical or computer error, error in pricing information received from our suppliers, or from a computer hack or other computer glitch, RED will have the right to refuse or cancel any pre-order placed for product listed at the incorrect price, whether or not the order has been confirmed and your credit card charged. In this event, and if your credit card has already been charged for the purchase and your pre-order cancelled, RED will issue a credit to your credit card account in the amount of the incorrect price.
4. TERMS OF PAYMENT. Pre-order payments may be remitted via credit card (VISA, MASTERCARD, AMERICAN EXPRESS or DISCOVER) payments or wire transfer. RED reserves the right to reject any order. RED will credit or refund any payments (in full, and without interest) made if RED rejects the order. In order for your offer to be eligible for RED's acceptance, you must pay the amount for the Product elected by you as set forth on our website. Payment does not guarantee acceptance of your pre-order.
5. TAXES. Any import duties, taxes, and other charges are not included in the Product price or shipping cost. These charges are your responsibility. Please check with your state and country's customs office to determine what these additional costs will be prior to completing your pre-order. If you have already placed a pre-order and discovered that such taxes make your pre-order untenable for you, please contact HYDROGEN Support to rescind your pre-order, and we will refund the amount you paid in connection with your pre-order in full.
6. REFUNDS. We want you to be happy with the Product. The specifications and delivery date have not been disclosed to you, and either may change at any time prior to shipping. Your pre-order payment is fully refundable upon your request, for any reason. If a debit/credit card was used for the payment, we will refund your payment to the debit/credit card used for the payment. If a wire transfer was used for the payment, RED will issue a wire transfer payment. For both methods of payment, RED can also issue credit to your RED account, at your request. Your request for refund of the payment must be received before product begins shipping. If you request a refund at any time before we accept your pre-order, we will process it promptly, and we will refund the full amount you paid without interest. We estimate that once a refund is requested, RED will begin processing your refund within 10 business days. If pre-order quantities do not reach RED’s internal targets, RED reserves the right to cancel the project at anytime, in which case all pre-order payments will be refunded per your method of election as set forth herein.
7. SHIPPING AND DELAY. The Products are not ready for delivery. Shipping will commence no sooner than by the end of 2017. Any shipping date provided now or in the future is an estimate only, and the actual shipping date for any accepted pre-order will depend on a variety of factors including manufacturing schedule, and the dates of your pre-order, your completed pre-order, and when we accept your completed pre-order. Commencement of shipping is subject to change without notice to you. You must also pay all shipping, tariff, import, customs, tax, and other charges applicable in your jurisdiction. If shipping costs to the address that you provide for an accepted pre-order are higher than the shipping costs you paid at the time that you offered to purchase a Product, RED may, in its sole discretion, require you to pay additional shipping fees or refund the full amount you paid.
8. DELIVERY AND ACCEPTANCE. Unless otherwise provided by RED in writing, all product shipments shall be made Carriage Paid To Destination (CPT-Destination) from our facility at Irvine, California, at which time the title, risk of loss or damage shall pass to the Buyer when the products are transferred to the carrier. Buyer shall be the importer of record for all purchased products, if applicable. Licensing requirements for importation to non-U.S. countries is the sole obligation of the Buyer. In the absence of specific shipping instructions from the Buyer, RED will ship by the method it deems, in its sole discretion, most advantageous. Transportation charges will be collected prior to shipment. Unless otherwise specified, products will be shipped in standard commercial packaging. When special packaging or export instructions are requested by the Buyer, any additional costs will be the responsibility of the Buyer. RED reserves the right to reject certain shipping or packing methods. All sales where Buyer opts to use Buyer's preferred freight forwarder, the shipments will be made "ex works" (Incoterms 2010) from RED's facility, Irvine, California. RED will use reasonable efforts to notify you of the anticipated shipping date and any anticipated delays; RED will not be liable for any loss, damages or penalty resulting from delay in delivery. Claims against a carrier for damage during shipping are your responsibility. Acceptance of the product by the Buyer shall occur no later than fifteen (15) days after shipment. Product not rejected during this fifteen-day period shall be deemed accepted, and all returns shall be handled in accordance with Section 13 (Returns). Product cannot be rejected by Buyer based on criteria that were unknown to RED or based on test procedures that RED does not conduct.
9. INTELLECTUAL PROPERTY; RESTRICTIONS ON USE. RED and its licensors own all intellectual property rights in the Products. If RED accepts your pre-order for a Product, you will acquire no interest or rights in RED's intellectual property, and your use of the Product will be subject to the RED Terms of Service and other additional license terms and restrictions that will be provided together with the Product. RED reserves all rights in and to the Products not granted expressly in these Terms or other additional license terms. Buyer will not cause or permit the modification or reverse engineering of Product software, file formats, tools, or image processing without express written consent from RED. You specifically will not develop tools from RED Products or use non-RED approved tools, products, or software with RED Products without express written consent from RED. You will not cause or permit any reverse engineering of RED products. You will not provide repair services for RED products without the express written consent from RED. You will not use RED's trademarks, including as part of a domain or company name or in keywords or online search optimizations, without the express written consent from RED.
11. WARRANTY. RED will provide a limited warranty in association with the Product; the details of the specific warranty will be provided prior to shipment on RED's website at RED.com/warranty. By providing your shipping address to us, you acknowledge and agree that you have reviewed the limited warranty for the Product you offered to purchase, and that you accept that limited warranty. RED will also provide the warranty terms for a Product together with the shipped Product. If you are dissatisfied with the warranty terms once published, you may contact RED Support to rescind your pre-order and we will refund the amount you paid in connection with your pre-order in full. EXCEPT AS MAY BE EXPRESSLY PROVIDED BY RED IN THE WARRANTY APPLICABLE TO A PRODUCT AT THE TIME THE ORDER FOR THE PRODUCT IS ACCEPTED, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT GUARANTEED WARRANTY OF ANY KIND, AND RED HEREBY DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE PRODUCT, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO: (A) THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. RED DOES NOT WARRANT THAT USE OF ANY PRODUCT WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OTHER HARMFUL COMPONENTS, AND DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. RED DOES NOT WARRANT THAT ANY PRODUCT COMPLIES WITH ALL APPLICABLE LAWS OR REGULATIONS IN ANY PARTICULAR JURISDICTION. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF THE PRODUCT.
12. EXPORT CONTROL. You acknowledge that Products may be subject to export control laws and other laws and regulations of the United States and other countries, and that if RED ships a Product to you, the Product may be impounded or otherwise confiscated by customs or other authorities. You are responsible for compliance with all applicable export control laws and regulations. You represent that you will not export, re-export, or transfer indirectly or directly any Product outside of the United States without obtaining proper authorization from the applicable government agencies. Without limiting the immediately preceding sentence, you will not export, re-export, or transfer directly or indirectly any Product to: (i) an embargoed/terrorist supporting country, including for example, Iran, North Korea, Syria, Sudan, Ukraine, Cuba, or any other such country as determined by the US government; (ii) a person or entity barred by the US Government on export activity lists, including persons or entities on the Treasury Department Specially Designated National List, Entities List, and Denied Persons List; or (iii) any destination for an end use that is prohibited by applicable law. You will defend and hold RED harmless against all claims, damages, or liability resulting from breach of the foregoing.
13. RETURNS. Buyers must obtain a Return Merchandise Authorization (“RMA”) prior to the return of any product. Product may only be returned for refund within ten (10) days of original delivery by RED at shipping address specified by Buyer. If the factory seal on the product has been broken or if the product is being returned after ten (10) days from the original delivery, a return will not be accepted, unless RED gives specific approval for such a return after evaluation (subject to $100 evaluation fee) and the returned product is subject to a 30% restocking fee. All equipment must be shipped in “new” condition and in the original shipping materials. Refunds are subject to an evaluation of the merchandise upon receipt at RED as defined above, in addition to other tests to ascertain condition of returned goods. A refund less the restocking fee will be provided within thirty (30) days of completion of evaluation of goods at RED. Buyer is responsible for shipping costs to return product to RED. For Buyer’s protection, RED recommends that the Buyer uses a traceable and insurable form of mail for shipment. All product not delivered ten (10) days after the RMA was issued will not be considered eligible as a return for credit and RED will return product to Buyer and Buyer will assume all shipping costs. Buyer acknowledges that Buyer has been advised of the Dangerous Goods shipping requirements relating to lithium ion batteries. If Buyer’s return includes a lithium ion battery, Buyer agrees to have the battery shipped by a certified shipper of Dangerous Goods. Buyer further agrees not to attempt to ship any lithium ion battery that has been physically damaged. Buyer agrees to indemnify and hold RED and its employees harmless from any and all liability arising from Buyer’s failure to comply with this provision. You agree to comply with all export and re-export restrictions and regulations of the Department of Commerce and any other United States or foreign agencies and authorities in connection with Buyer’s use of RED products and services.
14. LIMITATION OF LIABILITY. IN NO EVENT SHALL RED OR ITS LICENSORS BE LIABLE TO BUYER FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE, INCIDENTAL, OR SPECIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS (HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY), EVEN IF RED OR ITS LICENSORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL RED’S OR ITS LICENSORS’ LIABILITY FOR A PRODUCT (WHETHER ASSERTED AS A TORT CLAIM, A CONTRACT CLAIM OR OTHERWISE) EXCEED THE AMOUNTS PAID TO RED FOR SUCH PRODUCT. NOT WITHSTANDING ANYTHING IN THIS AGREEMENT, IN NO EVENT SHALL RED’S LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT EXCEED THE AMOUNTS PAID BY BUYER TO RED FOR PRODUCT IN THE LAST TWELVE (12) MONTHS. IN NO EVENT WILL RED OR ITS LICENSORS BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS BY BUYER. IN NO EVENT SHALL RED OR ITS LICENSORS BE LIABLE FOR DAMAGES ARISING OUT OF ANY LATE DELIVERY. THE LIMITATIONS SET FORTH HEREIN SHALL APPLY TO ALL LIABILITIES THAT MAY ARISE OUT OF THIRD-PARTY CLAIMS AGAINST BUYER. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THE LIMITATION SET FORTH IN THIS SECTION SHALL APPLY WHERE THE DAMAGES ARISE OUT OF OR RELATED TO THIS AGREEMENT.
15. INDEMNIFICATION. Buyer shall indemnify, defend, and hold RED and RED’s officers, agents other representatives and licensors harmless from all demands, claims, actions, causes of actions, proceedings, suits, assessments, losses, damages, liabilities, settlements, judgments, fines, penalties, interest, costs and expenses incurred (including fees and disbursements of legal counsel) of every kind (i) based upon personal injury or death or injury to property to the extent any of the foregoing is proximately caused Buyer’s misuse of the product or by the negligent or willful acts or omissions by the Buyer, or (ii) based on any breach of this Agreement by Buyer.
16. PROPRIETARY INFORMATION. RED retains for itself and its licensors all proprietary rights, including without limitation all patent, trademark, trade secret, copyright and other intellectual property rights in and to all RED designs, manufacturing processes, engineering details, and other data pertaining to any product sold except where the rights have been assigned pursuant to a written agreement with a corporate officer of RED. The products are offered for sale and sold by RED on the condition that such sale does not convey any right, express or implied, stated or otherwise, under any intellectual property or manufacturing process. RED and its licensors expressly reserves all intellectual property rights in the product. Without limited the foregoing, all software included in the products (including any updates to such software provided to Buyer, if applicable) is licensed to Buyer, not sold, and Buyer shall not transfer any such software apart from the product, or modify, decompile, disassemble or reverse engineer or otherwise attempt to derive the source code of such software.
17. NON-WAIVER. Failure of RED to insist upon strict performance of any terms and conditions herein shall not be deemed a waiver of any subsequent default of terms and conditions thereof.
18. FORCE MAJEURE. If RED accepts your offer to purchase a Product, RED will not be liable to you for any delay, including any delay due to an event beyond RED's reasonable control, such as an act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of RED's control.
20. MODIFICATION OF THESE TERMS. We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, you will be required to accept the modified Terms in order for your pre-order to remain valid. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
21. LAW GOVERNING AND EXCLUSIVE JURISDICTION. This Agreement is to be interpreted in accordance with the laws of the State of California, United States of America. The sale of any RED product to Buyer is considered to have taken place in Orange County, California and shall be governed by this Agreement. This Agreement will not be governed by the conflict of law rules or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. Exclusive jurisdiction for any dispute arising from the terms and conditions of this Agreement shall be Orange County, California and both Buyer and RED expressly waive all rights to have a dispute brought elsewhere.
23. SEVERABILITY. If any of the terms and conditions of this Agreement are held to be invalid under any applicable statute or rule of law, they are, to that extent, deemed omitted.
On January 1, 2012, the California Transparency in Supply Chains Act of 2010 goes into effect. This new law is designed to address the difficulty of policing slavery and human trafficking crimes by requiring certain companies that do business in California disclose their efforts to eradicate such activity from their supply chains.
Embedded in RED Digital Cinema’s DNA is the belief that how we achieve success is just as important as success itself. We strive to ensure that our products are manufactured in a responsible and ethical manner. With respect to the absence of slavery and human trafficking in our supply chain, we specifically undertake the following actions:
Supply Chain Assessment
RED Digital Cinema requires that all of its suppliers to affirmatively disclose certain information relating to the manner in which it conducts its operations. Included in this process is the Supplier Social Responsibility Self-Assessment Questionnaire which touches upon a number of topics including the following:
Health & Safety;
Environmental Impact; and
Core Values & Ethics.
RED Digital Cinema then uses this information as a basis from which to conduct audits by specially trained RED Digital Cinema employees to validate the information provided.
All suppliers are subject to audits by specially trained RED Digital Cinema employees which are typically scheduled in advance. These on-site factory visits are supplemented by document reviews/desk audits.
In conducting all supplier audits, emphasis is placed on the following areas:
Management Accountability and Responsibility;
Documentation and Records;
Training and Communication; and
Corrective Action Process.
As part of our evaluation process, we require our suppliers to certify that the materials incorporated into the products comply with local regulations regarding slavery and human trafficking. In addition, all contractual agreements, including purchase order terms and conditions require our suppliers to reaffirm their commitment to compliance with local laws.
If we believe that a supplier is not in compliance with its representations, contractual commitments or legal obligations, we will provide the supplier with the opportunity to remedy any potential non-compliance through the implementation of a corrective action plan, which will include a subsequent audit by key RED Digital Cinema personnel. Should the supplier continue to fail to meet its obligations, we will seek to eliminate such supplier from our supply chain.
RED Digital Cinema places great importance in providing its employees with the resources necessary to effectively and efficiently fulfill their job responsibilities. With this in mind, all key RED Digital Cinema supply chain audit personnel receive training from Social Accountability International with an emphasis on SA8000 auditing standards as it relates to social responsibility audits.