Terms of Service


REDENIM Terms of Service



The following Terms of Service (“Terms”) between you (“you” or “your”) and Rednim, LLC. (“we,” “our,” “us,” or “RD”) describes the terms and conditions on which you may access and use the RD website located at redenim.com (the “Site”) and related services including RD product rental and sale services (together with the Site, and the RD Content, as defined below, the “Services”). By accessing or using any of the Services, you acknowledge that you have read, understood and agreed to be bound by these Terms.


PLEASE READ THESE TERMS CAREFULLY. THESE TERMS MAY HAVE CHANGED SINCE YOU LAST ACCESSED OR USED THE SERVICES. BY CLICKING “I AGREE” OR OTHERWISE ACCESSING OR USING ANY PART OF THE SERVICES, YOU AGREE TO THESE TERMS.


Notice of Agreement to Arbitrate and Class Action Waiver

By accepting these Terms, you are agreeing to the Arbitration Agreement (unless you follow the opt out procedure described below) and class action waiver described in Section 8 of these Terms to resolve any disputes with RD.


  • About the Services
  • Rental and Sale of Products
  • Subscription Terms
  • Use of the Services
  • Intellectual Property
  • Termination
  • Disclaimer of Warranties; Limitation of Liability
  • Dispute Resolution, Arbitration and Class Action Waiver
  • Miscellaneous

  • 1. ABOUT THE SERVICES


    A. Introduction

    Through the Services, we aim to give you access to designer brand jeans for a lease period, stylist advice and other content to help you decide which items are perfect for you.


    B. Mobile Charges

    To the extent you access the Services through a mobile or wireless device, your carrier’s standard charges, data rates and other fees may apply.


    C. Eligibility

    Children under the age of 13 may not use the Services and parents or legal guardians may not agree to these Terms on their behalf. Children under 18 years of age but at least 13 years of age may use the Site under the supervision of parents or legal guardians who agree to be bound by these Terms on their behalf, but such children may not rent or purchase any clothing or accessories (“Products”) via the Services. If you are a parent or legal guardian agreeing to these Terms for the benefit of a child between the ages of 13 and 18, you are fully responsible for his or her use of the Services and the rental or purchase of any Products, including all legal liability he or she may incur.


    D. Modification of the Services or the Terms

    RD may modify these Terms or modify, suspend, or discontinue the Services at any time for any reason. However, RD will use commercially reasonable efforts to notify you of material changes to these Terms by posting a notice on the Site and/or sending an email to the email address you provided to RD upon registration.


    E. Privacy

    To learn more about our privacy practices, please read our Privacy Policy.




    2. RENTAL AND SALE OF PRODUCTS


    A. General Conditions


    The Services include the rental and sale of Products. This Section 2(A) sets out terms and conditions that apply to your rental or purchase of any Product.


    18 YEARS OR OLDER. Products may be rented or purchased for use by individuals under 18 years of age, but we rent and sell only to adults, who may rent or purchase the Products with a payment card or other approved payment method. By clicking agreeing to these Terms, you represent that you are 18 years or older and that you are authorized to use the chosen payment method (including, without limitation, credit cards) for the purpose of renting or purchasing the Products as described in these Terms.


    LIMITS. You acknowledge and agree that we may place limits on the rental or purchase of Products, including but not limited to restricting orders placed under a single customer account, payment card or billing or shipping address. We reserve the right to limit, cancel or prohibit any rentals or sales of Products for any reason, including but not limited to availability concerns.


    SHIPPING. Your Products will be through RD’s shipping partners, which may change from time to time at RD’s discretion. The shipping method used will be at the discretion of RD.


    COLLECTIONS. If you do not pay the amounts you owe to RD when due, then RD will need to institute collection procedures. You agree to pay RD’s costs of collection, including without limitation reasonable attorneys' fees.


    B. Rentals

    The following additional conditions apply to the rental of any Product.


    RENTAL FEE. The rental fee (“Rental Fee”) for the Product will be the total of the rental fee, insurance charges and delivery charges listed on the Site for your rental of the Product. When you place your rental order for a Product, you hereby authorize RD to charge your payment card for the Rental Fee. RD will charge your payment card the amount of the Rental Fee immediately upon your rental order. A reservation of a Product on the Site is an order for the rental of that Product, regardless of how far in advance that Product is reserved. In addition, at the time of your rental order for a Product, you hereby authorize RD to charge your payment card for an amount equal to 100% of the original retail value of the Product (when new) set forth on the Site (“Retail Value”) plus applicable sales taxes; provided that RD will only charge your payment card for an amount greater than the Rental Fee as described below. Rental Fees exclude all federal, state and local taxes, GST, fees, customs, duties, levies and other governmental assessments, all of which shall be paid by you directly or, if paid by RD, shall be paid by you to RD in connection with your rental order.


    CANCELLATION POLICY. You may cancel your rental order while it is being processed and prior to shipping. A rental cannot be cancelled after the shipping confirmation is issued. The Product will remain in transit to you and your payment method on file will be charged for the rental period selected. You are responsible for returning the Product within 14 days for a refund to be processed, otherwise you will be billed per the terms of your initial rental.


    RETURN PACKAGING. With delivery of the Product, RD will provide you with a pre-paid, pre-addressed RD mailing envelope as well as instructions for your use in returning the Products to RD (“Return Packaging”).


    RECEIPT OF THE PRODUCTS. Upon delivery, you bear responsibility for the Product(s). You acknowledge that a Secure Shipping Address is highly recommended. A “” means a location where an individual can physically receive Product(s). In the event that an un-secure shipping address is provided, RD does not bear liability for Products left unattended. Furthermore, you acknowledge that providing anything other than a Secure Shipping Address may result in delivery delays and additional delivery fees for which RD will not be liable. You will be liable for all such delays and additional delivery fees.


    USE OF THE PRODUCTS. You agree to treat the Products with great care, as if it was borrowed from your close friend. You are responsible for loss, destruction or damage to the Products due to theft, mysterious disappearance, fire, major stains or any other cause, other than normal wear and tear. Normal wear and tear encompasses minor stains, rips, stuck zippers or other minor damage covered by the insurance you paid for with your rental of the applicable Product. If you return a Product that is damaged beyond normal wear and tear, then you agree that we shall charge you, and you shall pay, for the price for repairing or replacing the Product, as determined in our discretion, up to the Retail Value for the Product. The Product will be delivered with specific care instructions and you agree to follow those care instructions for the duration of your rental period. Shrinkage, fading, and other damage from improper care is subject to the terms of damage beyond normal wear and tear.


    PAYMENT OF 120% RETAIL VALUE RD will not charge you for more than an amount equal to 120% of the Retail Value plus the Rental Fee, in the aggregate, for any charges arising under this Section 2(B), excluding collection costs. If you pay RD an amount equal to 120% of the Retail Value under this Section 2(B) and you still possess the Product, the Product is yours to keep, though on an “AS IS” basis without warranty of any kind. For the avoidance of doubt, the limitations of this clause shall not apply to the Rental Fee, which is charged separately from, and in addition to, any other charges payable by you pursuant to this Section 2(B).


    LOST RETURN PACKAGING. If you lose the Return Packaging, you may request a replacement shipping label provided by RD for free on a single use basis through the customer portal. For the avoidance of doubt, the limitations of this clause shall not apply to the Rental Fee, which is charged separately from, and in addition to, any other charges payable by you pursuant to this Section 2(B).


    LIMITED WARRANTIES. The following are the limited warranties RD provides in connection with Product rentals. RD’s liability to you for failure to comply with any of these warranties is limited to timely delivery of Product conforming to the warranties or a refund of the Rental Fee (excluding insurance and delivery charges) as determined by RD. See Section 7(A) below.

    • CORRECT PRODUCTS. We will deliver the Products you ordered, including the specified size, color and design, on or before the delivery date for which you ordered them, except in the rare event that the Product is damaged beyond repair or is otherwise unavailable. In such event, we will use reasonable efforts to notify you that the Product is unavailable. If we are able to reach you, you will be entitled to choose any available rental Product to replace the unavailable Product. If we are unable to reach you, you acknowledge and agree that we may send you a replacement product of the same or greater value. Products may appear different in color and style than as displayed on the Site.
    • CLEAN AND READY TO WEAR. The Products will be professionally cleaned and delivered ready to wear. RD cleans and inspects each Product with the utmost care, but use of the Product is at your own risk and RD shall not be held liable for any health-related complaints associated with any Product.
    • SIZING RETURNS. If your Product does not fit you, then you may return the Product to RD within 14 days (excluding Sundays and holidays) of the date you received the Product by contacting RD at customerservice@redenim.com and returning the Product in conformance with the return procedures above (a “Sizing Return”). RD will then issue you a refund for the full Rental Initiation Fee (less delivery charges) of the Product for a future rental by you of our Products, so long as the Product, in our sole discretion, has not been worn.

    Sales

    The following additional conditions apply to the sale of any Product.


    PRODUCTS ARE USED; ALL SALES ARE FINAL AND “AS IS.” You acknowledge and agree that only those Products designated by us on the Site as available for purchase are eligible for purchase by you. EXCEPT FOR INTIMATES, THE PRODUCTS FOR SALE HAVE BEEN PREVIOUSLY RENTED BY OTHER CUSTOMERS AND ARE NOT NEW. RD will professionally clean and inspect the Products before they are delivered to you. However, all Products are sold on an “as is” basis, without any warranty whatsoever, and all Product sales are final.


    PURCHASE PRICE. The purchase price (“Purchase Price”) for the Products will be the purchase fee and delivery charges listed on the Site in connection with your purchase of the Products. Upon your purchase order for a Product, you hereby authorize RD to charge your payment card for the Purchase Price. We will charge your payment card the amount of the Purchase Price immediately upon your purchase order. Purchase Prices exclude all federal, state and local taxes, GST, fees, customs, duties, levies and other governmental assessments, all of which shall be paid by you directly or, if paid by RD, shall be paid by you to RD in connection with your purchase order. Purchase orders are final and cannot be cancelled.



    3. RD Subscription Terms


    The following additional terms and conditions apply for all RD subscription programs.


    RD SUBSCRIPTION  SERVICE. As a RD customer, you will be entitled to certain benefits when you rent Products.


    FEES. If you subscribe to a RD product, RD will charge you a recurring automatic monthly subscription fee. The current RD subscription fee is set by product, but is subject to change at our discretion and any such change will be effective for any subsequent renewal subscription period. You hereby authorize RD or our third party payment processor to charge your payment card for the applicable RD subscription fee. RD subscription fees are non-refundable except as expressly set forth below. Taxes may apply on RD subscription fees.


    SUBSCRIPTION CANCELLATION AND RENEWAL. You may cancel your RD subscription at any time, but your cancellation will be effective at the end of the current monthly subscription period and can only be confirmed when all outstanding inventory has been returned or full retail value has been collected. This means your RD subscription will continue for the remainder of that period and you will not receive a refund. Your RD subscription renews automatically on a monthly basis at the then current fee and benefits then in effect until you cancel.You may cancel or renew RD by product or find out more information about your RD subscription, including your plan expiration date, by contacting customerservice@redenim.com.


    PROGRAM DETAILS. If you subscribe to RD, you will be entitled to rent one Products at any time per each agreement from a range of Products designated on the Site. Subject to your compliance with these Terms (including payment of fees) and our right to terminate RD subscriptions, we do not impose any limitations on the time period during which you may keep any Product we have sent to you through RD. Because RD is a beta, membership is limited and may not always be available. Fees. If you subscribe to a RD Product, RD will charge you a monthly subscription fee that will automatically renew and you will be billed every 30 days at the then current fee to your payment method on file. After a pre-pay period ends, your subscription membership will automatically renew and you will be billed every 30 days at the then current fee to your payment method on file. The current monthly RD subscription fee is set out here, but is subject to change at our discretion and any such change will be effective for any subsequent renewal subscription period. You hereby authorize RD or our third party payment processor to charge your payment card for the applicable Unlimited subscription fee on a monthly or recurring pre-pay basis until you cancel and inventory is either returned to RD or the difference to retail value has been met. The subscription fees include return shipping and limited insurance, covering minor mishaps but not significant damage, loss or theft. RD subscription fees are non-refundable except as expressly set forth below. Taxes may apply on RD subscription fees.

    Cancellation of Your Membership. There are no refunds to a pre-paid RD membership. Your monthly Unlimited subscription automatically renews and you will be billed every 30 days. To cancel your monthly membership, email us at customerservice@redenim.com. You must return your RD Products before the end of your current billing period (located your account settings) to avoid additional fees.


    DELIVERY. All deliveries will be through RD’s shipping partners, which may change from time to time at our discretion. The shipping method used will be at the discretion of RD. We will provide you with information about estimated delivery and arrival times of RD Program Products through the Site. The Products we send to you will be professionally cleaned and delivered ready to wear. We professionally clean, sterilize and inspect each Product we send to you, but use of the Products is at your own risk and RD shall not be held liable for any health-related complaints associated with any Product.


    RETURNS. With each shipment of Products we send you, we will include one Return Packaging, which you can use to return Products. When we receive any returned Products from you, your recurring monthly fee will be terminated. You agree to return any Product using the Return Packaging.


    DAMAGE, FAILURE TO RETURN PRODUCTS. Unless you cancel your RD subscription by returning or purchasing Product, it will automatically renew on a monthly or recurring pre-pay basis. You expressly authorize us to collect the applicable subscription fee and any taxes, using any payment card on record for you, in connection with any such auto-renewal.


    CHANGES TO AND TERMINATION OF RD. As Unlimited is a beta program, we reserve the right to modify RD (including the subscription fee) or terminate RD or your RD subscription at our sole discretion. If we terminate your RD subscription, we will provide you with, as determined in our sole discretion, either (a) a prorated refund for the remainder of your current applicable subscription, or (b) continued access to RD for the remainder of that applicable period, in accordance with these Terms. However, we will not give any refund for termination related to conduct that, in our discretion, violates any terms set out in these Terms or any applicable law. If we choose to provide you with continued access to RD for the remainder of that applicable period of your subscription, you will continue to have access to RD during that period. Prior to the end of that period (or, if we do not provide you with continued access to RD, immediately upon our termination of RD or your RD subscription), you must also return to RD all Products you have received in connection with RD.



    4. Use of the Services


    A. RD Content


    CONTENT PROVIDED “AS IS.” All content and information available through the Services, including but not limited to product descriptions and specifications, product photos, advice from stylists and photos and comments from other users (“RD Content”) is available to you on an “as is” basis and is to be used for general information purposes only. Such information is provided on a blind-basis, without any knowledge as to your identity or specific circumstances. The RD Content is provided with the understanding that such information does not constitute professional advice or services. As such, you agree not to rely upon or use any RD Content as a substitute for consultation with professional advisors. As used in these Terms, the Services include the RD Content.


    UPDATES We may update the RD Content, including Product descriptions and specifications, as we deem appropriate and without notice to you. If you have any questions about the existence of more current information, please send those questions to customerservice@redenim.com. We take your questions and requests for information seriously, and we will use reasonable efforts to respond in a timely manner. However, we cannot guarantee a prompt response in all cases.


    B. Third Party Content


    LINKS TO THIRD-PARTY WEBSITES. The Services may contain links or references to non-RD websites, products, services or other materials or content (“Third Party Content”). This Third Party Content is provided to you as a convenience, and RD is not responsible for any Third Party Content or the actions of those that provide or use such Third Party Content. Any Third Party Content is independent from RD, and RD has no control over the Third Party Content. In addition, a link to any Third Party Content does not imply that RD endorses, approves of or accepts any responsibility for the Third Party Content or its provider, or vice versa.


    C. Acceptable Use Policy


    USE OF RD CONTENT. No part of the Services, including the RD Content, may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, except that RD authorizes you to view, copy, download, and print RD Content (such as press releases and FAQs) that is available on the Site, provided that: (a) you use the RD Content solely for your personal, noncommercial, informational purposes; (b) you do not modify the RD Content; and (c) you do not remove any copyright, trademark, and other proprietary notices on the RD Content.


    USE OF THE SERVICES. You may not use the Services to: (i) transmit any content, information or other materials that are, or which RD considers in its sole discretion to be, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, obscene, lewd, lascivious, violent, harassing or otherwise objectionable, including without limitation expressions of bigotry, prejudice, racism, hatred or profanity; (ii) sell or promote any products or services, including any controlled pharmaceutical substances, tobacco, fire arms, or alcoholic beverages; (iii) introduce viruses, worms, Trojan horses and/or harmful code; (iv) display material that exploits children under 18 years of age; (v) post any content, information or other materials that infringe, misappropriate or violate any intellectual property or other right of any third party; (vi) promote or solicit any business or promote, solicit or participate in multi-level marketing or pyramid schemes; impersonate any other person, including but not limited to, a RD representative; (vii) post, collect or disclose any personally identifying information (including account names) or private information about children or any third parties without their consent (or their parent's consent in case of a child under 13 years of age); (viii) post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation, including without limitation solicitations of credit card numbers, solicitations for sponsors, or promotion of raffles or contests; or (ix) violate any applicable local, state, national or international laws or regulations.

    You also agree that you will not (and will not attempt to or permit any third party to): reverse engineer, decompile, disassemble, translate, derive the source code for, interfere with, rent, sell or lease the Services, any part thereof or access thereto.


    INDEMNIFICATION FOR BREACH. By using the Services, you agree to indemnify, hold harmless and defend RD and its officers, directors, agents and affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that is based on your use of the Services in violation of these Term. Indemnification for Breach. By using the Services, you agree to indemnify, hold harmless and defend RD and its officers, directors, agents and affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that is based on your use of the Services in violation of these Terms.


    D. Your Content


    If you post, upload or make available to RD or the Services, or otherwise submit to or through RD as part of your use of the Services, including the Site, any information, data, text, images, files, links, software, chat, communication or other materials, including but not limited to photos and reviews relating to your use of the Products (“Your Content”), you hereby grant to RD a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit Your Content and your name, image, voice, likeness and/or other biographical information or material in connection with Your Content, in whole or in part, in all media formats and distribution methods now known or hereafter devised (including on the Site, in email and other promotional campaigns and on third party sites promoting the Services) in connection with the Services, including but not limited to advertising, promoting, and marketing the Services, all without further notice to you, with or without attribution, without limitation as to frequency, and without the requirement of any permission from or payment to you or to any other person or entity. You waive any right to inspect or approve any of Your Content or any use of Your Content. By submitting Your Content, you represent and warrant that Your Content and your communication thereof conform to these Terms, including Section 4(C), and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize RD to exploit, Your Content in all manners contemplated by these Terms. You waive all moral rights in Your Content which may be available to you in any part of the world and confirm that no such rights have been asserted. None of Your Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Your Content.


    E. Your Account


    Access to parts of the Services requires the creation of a user account, including a user name and password that you choose upon registration. You are solely responsible and liable for any authorized or unauthorized access to your account by any person. You agree to bear all responsibility for the confidentiality of your account information and all use or charges incurred from use of the Services with your account. You agree to notify RD promptly of any unauthorized use of your account or password.


    F. Delays


    There may be delays, omissions, or inaccuracies in the Services, including the RD Content. The Service may become unavailable due to maintenance or malfunction of computer equipment or other reasons.


    G. Job Postings


    RD may list open employment positions on or through the Services. These postings are for informational purposes only and are subject to change without notice. You should not construe any information on or made available through the Services as an offer for employment or promotion or solicitation for employment not authorized by the laws and regulations of your locale.



    5. INTELLECTUAL PROPERTY


    A. Ownership of the Services


    The Services, including the RD Content, including all intellectual property rights in and to the Services and any changes, modifications or corrections thereto, are the property of RD and its affiliates and licensors, and are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. All other product names are trademarks or registered trademarks of their respective owners. RD and its affiliates and licensors reserve all rights in and to the Services not granted expressly in these Terms.


    Nothing shall be construed as granting to you, by implication, estoppel, or otherwise, any license or right to use the Services or any RD Content, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms; or (b) with the prior written permission of RD or such third party that may own such RD Content.


    B. Services License


    Subject to your compliance with these Terms, RD grants to you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial purposes.


    C. Feedback


    By sending us any feedback, ideas, suggestions, documents or proposals (“Feedback”), you grant to us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works of, publish, distribute, sublicense and otherwise exploit the Feedback, and you waive all moral rights in the Feedback which may be available to you in any part of the world and confirm that no such rights have been asserted. You represent and warrant that the Feedback does not contain any confidential or proprietary information of any third party, and that RD may use your Feedback without restriction or obligation to you or any third party.


    D. Notice and Take Down Procedures; Copyright Agent


    If you believe any RD Content infringes your copyright, you may request removal of those materials (or access thereto) by contacting RD’s copyright agent (identified below) and providing the following information: identification of the copyrighted work that you believe to be infringed, including a description of the work, and where possible a copy or the location (e.g., URL) of an authorized version of the work; identification of the material that you believe to be infringing and its location, including a description of the material and its URL or any other pertinent information that will allow us to locate the material; your name, address, telephone number and e-mail address; a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law; a statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf; and a signature or the electronic equivalent from the copyright holder or authorized representative.


    In an effort to protect the rights of copyright owners, RD maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Services who are repeat infringers.


    6. TERMINATION


    A. Termination By You


    You may deactivate your account and discontinue your use of the Services at any time inventory is not in your possession. In order to deactivate your account, please contact us at customerservice@redenim.com. You understand that Your Content may continue to exist and be used on or through the Service even after such deactivation.


    B. Termination By RD


    Any violation of these Terms, including any of the prohibitions in Section 4(C), may result in suspension or termination of your access to the Services and/or removal of Your Content. RD may also terminate your account if RD determines that your conduct poses a risk or liability to RD, or for any other reason as determined by RD in its sole discretion.


    C. Effects of Termination


    In each of these cases, the Terms will terminate, including your license to use the Services, except that the following sections shall continue to apply: 2(A) (Collections), 2(B) (Rental Fee, Late Fees, Lost Return Packaging), 2(C), 3(A) (Failure to Pay Fees), 4(A)-(D), 5(A), 5(C) (Acknowledgment), 5(D), 6(C), and 7-9.


    7. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY


    A. Limited Warranties


    The limited warranties set out in Section 2(B) for rentals apply only to you and may not be assigned, sold or transferred to any third party. No other warranties are granted by RD in connection with the Services or Products. The limited warranties shall not apply to any matters arising from your violation of these Terms.


    Your sole and exclusive remedy and RD’s sole and exclusive liability for a breach by RD of the limited warranties set out in Section 2(B) shall be, at RD’s option, RD’s use of its commercially reasonable efforts to replace the nonconforming Product in a timely manner or a refund of your Rental Fee, as applicable (excluding insurance and delivery charges).


    B. Disclaimer of Warranties


    EXCEPT FOR THE LIMITED WARRANTIES SET OUT IN SECTION 2(B), THE SERVICES AND PRODUCTS, INCLUDING ALL TRIAL PROGRAMS, ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR USE. SPECIFICALLY, BUT WITHOUT LIMITATION, RTR DOES NOT WARRANT THAT: (I) THE SERVICES, INCLUDING THE RD CONTENT, ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (III) DEFECTS WILL BE CORRECTED, (IV) THE SERVICES OR THE SERVER(S) THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (V) THE PRODUCTS WILL BE FIT FOR YOUR INTENDED PURPOSE OR OTHERWISE ACCORD WITH YOUR EXPECTATIONS.


    C. Limitation of Liability


    UNDER NO CIRCUMSTANCES SHALL RD BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, MULTIPLE OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SERVICES AND/OR THE PRODUCTS, EVEN IF RD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE AS SET FORTH UNDER SECTION 7(A) OR TO DISCONTINUE YOUR USE OF THE SERVICES AND TERMINATE THESE TERMS.



    8. DISPUTE RESOLUTION, ARBITRATION AND CLASS ACTION WAIVER


    This Section 8 includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully. You may opt out of the arbitration agreement by following the opt out procedure described below.


    A. Informal Process First


    You agree that in the event of any dispute between you and RD, you will first contact RD and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action.


    B. Arbitration Agreement


    After the informal dispute resolution process any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of RD’s Services and/or Products, or relating in any way to RD’s communications with you, will be finally resolved by binding arbitration. This mandatory arbitration agreement applies equally to you and RD. However, this arbitration agreement does not (a) govern any Claim by RD for infringement of its intellectual property or access to the Services that (including the Site and App) that is unauthorized or exceeds authorization granted in these Terms or (b) bar you from making use of applicable small claims court procedures in appropriate cases. IF YOU ARE AN INDIVIDUAL YOU MAY OPT OUT OF THIS ARBITRATION AGREEMENT WITHIN THIRTY (30) DAYS OF THE FIRST OF THE DATE YOU ACCESS THIS SITE OR APP OR THE DATE YOU RECEIVE ANY SERVICES BY FOLLOWING THE PROCEDURE DESCRIBED BELOW.


    Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration. Instead, the dispute is resolve by a neutral arbitrator. Court review of an arbitration award is limited. Except to the extent the parties agree otherwise, arbitrators can award the same damages and relief that a court can award. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and RD are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive any termination of these Terms.


    If you wish to begin an arbitration proceeding, after following the informal dispute resolution procedure, you must send a letter requesting arbitration and describing your claim to customerservice@redenim.com. The arbitration shall be administered by the American Arbitration Association (AAA) under its rules including, if you are an individual, the AAA's Supplementary Procedures for Consumer-Related Disputes. If you are not an individual or have used the Services on behalf of an entity, the AAA's Supplementary Procedures for Consumer-Related Disputes will not be used. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879.


    The number of arbitrators shall be one. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The arbitration will be conducted in the English language. Texas law shall apply. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.


    Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. If you are an individual and have not accessed the Services on behalf of an entity, we will reimburse those fees for claims totaling less than $10,000, unless the arbitrator determines the claims are frivolous, and we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable. However, the preceding sentence shall not apply to Section 8(C) below.


    If you do not want to arbitrate disputes with RD and you are an individual, you may opt out of this arbitration agreement by sending an email to EMAIL within thirty (30) days of the first of the date you access the Site or the date you receive any Services.


    C. Class Action Waiver


    Any Claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. If the Claim is subject to arbitration, the arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The parties understand that any right to litigate in court, to have a judge or jury decide their case, or to be a party to a class or representative action, is waived, and that any claims must be decided individually, through arbitration.


    If this class action waiver is found to be unenforceable, then the entirety of the Arbitration Agreement, if otherwise effective, shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If for any reason a claim proceeds in court rather than in arbitration, you and RD each waive any right to a jury trial.



    9. MISCELLANEOUS


    JURISDICTIONAL ISSUES. RD makes no representation that the Services are appropriate or available for use outside the United States. Those who choose to access the Services or any part thereof from outside the United States do so at their own risk and are responsible for compliance with applicable local laws. The Services may contain references or cross references to products or services that are not available or approved by the appropriate regulatory authorities in your country. Such references do not imply that RD intends to announce or make available such products or services to the general public, or in your country. Contact RD at customerservice@redenim.com to determine which products and services may be available to you.


    EXPORT LAWS. The laws of the United States of America prohibit the export of certain software and data to particular persons, territories, and foreign states. You agree not to export the Services, including the RD Content, or any part thereof, in any way, in violation of United States law.


    GOVERNING LAW AND VENUE. These Terms are governed and interpreted pursuant to the laws of the State of Texas, notwithstanding any principles of conflicts of law. Any disputes in connection with these Terms that result in court action, in accordance with these Terms, will be resolved exclusively by a state or federal court located in Travis County, Texas, and you specifically consent to the personal jurisdiction of such courts and waive any claim of forum non conveniens.


    ENTIRE AGREEMENT. These Terms are the entire agreement between you and RD relating to the subject matter herein and shall not be modified except by RD in accordance with these Terms, or as otherwise agreed in writing by you and RD. No employee, agent or other representative of RD has any authority to bind RD with respect to any statement, representation, warranty or other expression not specifically set forth in these Terms.


    SEVERABILITY AND WAIVER. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. The failure of a party to require performance of any provision will not affect such party’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.


    ASSIGNMENT. You may not assign or transfer these Terms or any of your rights or obligations under these Terms. RD may assign these Terms at any time without notice to you.


    FORCE MAJEURE. RD will not be liable for, or be considered to be in breach of these Terms on account of, any delay or failure to perform as required by these Terms as a result of any cause or condition beyond RD’s reasonable control.


    CONTACT INFORMATION. Please send any questions or comments, or report violations of these Terms, to RD at customerservice@redenim.com.