THE CONTENTS AND INFORMATION PROVIDED ON THIS WEBSITE IS PROVIDED “AS IS, “WHERE IS” AND “AS AVAILABLE” BASIS AND RED.COM, INC. AND ITS SUPPLIERS EXPRESSLY DISCLAIM, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ANY IMPLIED OR EXPRESS WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OF WORKMANLIKE EFFORT, OF SUITABILITY, AVAILABILITY, ACCURACY, RELIABIILITY, COMPLETENESS OR TIMELINESS OF CONTENT, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, AS WELL AS WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OR TRADE. RED makes no representations or warranties of any kind, express or implied, as to the operation of this website, to the information, content, materials, or products included on the website, or the functionality of any services associated therewith. RED further makes no representations or warranties that this site and/or its contents are accurate, completed, reliable, current or error-free, or that any disclosures on this site satisfy government regulations regarding the disclosure of information related to certain products. RED is not responsible for typographical errors or omissions relating to pricing, text, photography or any other contents on this site. You use RED’s website at your own risk and you assume all responsibility for such use. RED will not be responsible for any damages you may suffer as a result of your use of this website. Although RED has attempted to provide accurate information to better serve its customers, it assumes no responsibility for the accuracy of the information. RED may change any specifications related to its products at any time, without notice, and will make an effort to update its website with any new information, but assumes no responsibility for failing to do so.
By using this website, you acknowledge that your use of the site, including your use of any and all associated content, data or software distributed by, downloaded or accessed from or through this site, and any associated services is solely at your own risk. RED does not warrant or guarantee that its site, servers or emails sent by or on behalf or RED are free of viruses, worms or other harmful components. RED does not guarantee the continuous, uninterrupted and error-free operation of its site, nor that all communications between you and RED, or between you and any other user of the site, will be secure from access or interference by third parties.
RED will not be liable for any damages of any kind arising from or otherwise related to your use of or inability to use this site or the associated services, including but not limited to direct, indirect, incidental, punitive, exemplary, or consequential damages, even if RED has been advised of or should have known of the possibility of such damages. Without limiting the foregoing, RED will not be liable for any damage to your computer, telecommunication equipment, or other property caused by or arising from your accessing or use of this site, or from your downloading of any materials from this site, or for any damages arising out of a third party’s unauthorized access to and use of your personal data stored on RED’s computers and/or servers. In no event will the aggregate liability of RED, its parent, subsidiaries or affiliates – whether in contract, warranty, tort (including but not limited to negligence), product liability, strict liability, or other theory – arising out of or relating to the use of this site exceed the lesser of $5, or the total amount you paid to RED.
Certain state or local 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 may have additional rights.