Terms of Use
Last updated February 12, 2024
Thank you for using the services of Red Digital, LLC. These Terms of Use (the “Terms” or the “Agreement”) constitute a legally-binding agreement made between you (the “user,” the “user’s,” “you” or “your”) and Red Digital, LLC (“Red Digital,” “we,” “us” or “our”), concerning your access to and use of our services, websites, applications aka “apps,” social media pages and posts, products, media forms and/or channels (collectively, the “Services”). You agree that by using our Services in any way, you have read, understood, and agree to be bound by all of these Terms.
IF YOU DO NOT AGREE WITH ALL OF THE TERMS HEREIN, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
By using our Services, you also agree to be bound by our Privacy Policy, Refund Policy, Delivery Policy, Return Policy, Cancellation Policy, and any supplemental terms and conditions or documents that may be posted in concert with the Services from time to time. The Privacy Policy, Refund Policy, Delivery Policy, Return Policy, Cancellation Policy, and any supplemental policies are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the “Last Updated” date of these Terms at the top of this section, and you waive any right to receive specific notice of each such change.
It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of our Services after the date such revised Terms are posted. The information provided in connection with our Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to use our Services in or from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
Red Digital, LLC is a marketing agency that works with local health clinics in the United States and Canada to generate customers for the clinics’ Red Light Therapy machines. Red Digital works on a performance basis, charging end customers for “Discovery Packages.” Credit or debit card information is collected from the customers by Red Digital through its trusted payment processor, and after end customers make their payments, the end customers are referred to clinics for fulfillment of their purchase. Red Digital collects payments directly from the end customers on behalf of clinics and reserves a portion of such payments as a fee for its services. However, at no time does Red Digital itself collect or store credit or debit card information. The Services are intended for users who are at least eighteen (18) years old, or otherwise have the permission of their parent(s) or legal guardian(s) to use the Services.
1. Indemnity by You
You agree to defend, protect, indemnify and hold Red Digital, its subsidiaries, affiliates, officers, agents, predecessors and successors in interest, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, arising out of or related to:
your use of our Services;
a breach of these Terms;
any third-party claim of infringement of copyright or other intellectual property rights or invasion of privacy arising from your use of the Services;
any activity related to your use of the Services, be it by you or by any other person accessing your account or your information with or without your consent unless such activity was caused by the act or default of Red Digital.
2. Prohibited Uses of the Services
Our Services are designed for your own individual use in compliance with the requirements listed in this section.
By using our Services, you agree not to:
Reproduce, copy, modify in any material manner, or remove Red Digital’s proprietary marks, logos or notices;
Lease, resell or redistribute any of our Services;
Use our Services in connection with any commercial endeavors unless at our express direction;
Provide access to or give the Services to a third party;
Reverse engineer the Services;
Use our Services in connection with any legal matters that are frivolous, immaterial, illegal, lack merit, involve the laws of foreign jurisdictions, or have been pursued for an excessive or unreasonable amount of time as determined by us;
Use the Services in connection with perpetrating, aiding or abetting a crime or fraudulent activity;
Make any unauthorized use of the Services, including collecting usernames and/or e-mail addresses of users by electronic or other means for the purpose of sending unsolicited e-mails, or creating user accounts by automated means or under false pretenses;
Circumvent, disable, or otherwise interfere with security-related features of our Services, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Services and/or the content contained therein;
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
Make improper use of our support services or submit false reports of abuse or misconduct;
Use any information obtained from the Services in order to harass, abuse, or harm another person, or make any statement or take any action that is in violation of any user’s civil or other rights;
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services;
Attempt to impersonate another user or person or use the username of another user;
Systematically retrieve data or other content from the technological components of our Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
Make our website or other technological components of our Services available on any file-sharing platform;
Harm, as determined in our sole discretion, Red Digital, the Services, other users or third parties or their use and/or experience with the Services with, including but not limited to the uploading of malicious software, viruses, spyware, malware, cookies, bugs, keyloggers, or any other materials on the technological components of our Services;
Engage in any automated use of the technological components of the Services, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
Interfere with, disrupt, or create an undue burden on the technological components of the Services or the networks or servers connected to the Services;
Use the Services in a manner that violates any applicable law, regulation, or these Terms; or
Permit or encourage any third party to use the Services in a manner that violates any applicable law, regulation, or these Terms.
3. Intellectual Property Rights
Except as expressly set forth in these Terms, nothing contained herein shall be construed as conferring any license or right, by implication or otherwise, under any of our copyrights or other intellectual property rights. You agree that the Services and all of our content is protected by copyrights, trademarks, service marks, patents, and/or other proprietary rights and laws. The Services may include various product names, business names, logos, slogans, and other marks in which we have a registered trademark interest or other protectable interest (collectively “Red Digital’s Property”). It may also include product names, business names, logos, slogans, and other marks in which others have a protectable interest (collectively “Other Materials”). You may not copy, download, display, distribute, modify or sublicense any of Red Digital’s Property or Other Materials connected to the Services without the prior express written permission of the appropriate owners.
4. Limitation of Liability
In no event will Red Digital be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the Services or use thereof. Nothing contained in the Services or in any written or oral communications from Red Digital or its employees or agents shall be construed to make any promise, covenant, warranty, or guaranty, all of which are explicitly disclaimed hereby. The content and functionality of the Services are offered “as is,” “where as,” “with all faults,” and without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We make no warranties, express or implied, as to the ownership, accuracy, completeness, or adequacy of the Services or that the functionality of the Services will be uninterrupted or error-free or free from virus or third-party attack. You hereby acknowledge that your use of the Services is at your sole risk.
UNDER NO CIRCUMSTANCES SHALL RED DIGITAL, ITS OFFICERS, OWNERS, EMPLOYEES OR AGENTS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM USE OF, OR INABILITY TO USE, THE SERVICES OR THE INFORMATION CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE TECHNOLOGICAL COMPONENTS OF THE SERVICES, EVEN IF RED DIGITAL HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY. TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL RED DIGITAL HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN ANY WAY ARISING OUT OF OR RELATING TO THE AGREEMENT, THE SERVICES, OR THE TECHNOLOGICAL COMPONENTS OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO: LOST PROFITS, LOST DATA, LOSS OF GOODWILL, COPYRIGHT INFRINGEMENT, WORK STOPPAGE, EQUIPMENT FAILURE, OR MALFUNCTION, PERSONAL INJURY, PROPERTY DAMAGE, OR ANY OTHER DAMAGES OR LOSSES, EVEN IF RED DIGITAL HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STATUTE, INDEMNITY, OR OTHERWISE) UPON WHICH SUCH LIABILITY IS BASED.
In the event that any of the foregoing limitations are deemed to be unenforceable, to the greatest extent permitted by law, you agree that the entire aggregate liability of Red Digital and the sole remedy available to any user in any case in any way arising out of or relating to the Terms or the Services shall be limited to monetary damages that in the aggregate may not exceed the greater of $250.00 or the sum of any amount paid by the user to Red Digital during the six (6) months prior to notice to Red Digital of the dispute for which the remedy is sought, whichever amount is lesser.
5. User-Submitted Content
In the event that Services from time to time allow users to post images, audio, text, video, and/or links to the Services or other sites (collectively “User Content”), neither Red Digital nor any of its affiliates endorses these entities or individuals, nor are we in any way associated with any of the materials that they may post in connection with the Services. Neither Red Digital nor its subsidiaries, affiliates, officers, agents, predecessors and successors in interest, nor its other partners, shall have any responsibility or liability of any nature whatsoever arising in connection with any materials provided by these entities or individuals or in connection with any conduct of these entities or individuals. Each user who posts any User Content acknowledges and agrees that we have the right, in our sole discretion, to take down or remove or alter any and all User Content we deem inappropriate, illegal or otherwise offensive. Any user who posts any User Content hereby represents that such User Content does not violate any third-party intellectual property rights and further grants us a license to show and make this content accessible through the Services or any of our successor or affiliate apps or websites. By posting any User Content through the Services, you hereby agree to indemnify us from any damages and claims related to the User Content, including but not limited to any infringement, misappropriation, libel or other claims.
6. Management of Our Services
We reserve the right, but not the obligation, to:
monitor your use of the Services for violations of these Terms;
take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such individual to law enforcement authorities;
in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your contributions or any portion thereof;
in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and
otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
7. Modification and Interruptions
We reserve the right to change, modify, or remove the content connected to the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information we provide through the Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time, including the right to change prices as determined to be necessary or convenient in our sole and absolute discretion. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance in connection with the Services. We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the technological components of the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the technological components of the Services. Nothing in these Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
8. Electronic Communications, Transactions, and Signatures
Accessing and using our the technological components of our Services, sending us e-mails or chat messages, and filling in requested information constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via e-mail and through the Services, satisfy any legal requirement that such communications be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Services. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
9. Availability Outside the U.S.
If you access our Services from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of the jurisdiction in which you are located. If you access the Services from outside of the United States, you acknowledge that any personal information you provide will be processed in the United States and other geographies as selected by us in our sole discretion, and you hereby consent to the collection and processing of your personal information in a manner consistent with these Terms and the Privacy Policy.
10. Term and Termination
These Terms shall remain in full force and effect while you use the Services, and shall continue to be in effect after you cease using the Services to the extent any of the Terms by their express language are intended to so continue. Without limiting any other provision of these Terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Services (including blocking access), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms or any applicable law of regulation. We may terminate your use of or participation in the Services or delete any content or information that you posted at any time, without warning, at our sole discretion. If we terminate or suspend your access to the Services for any reason, you are prohibited from attempting to re-access the Services, even if you may be acting on behalf of the third party. In addition to terminating or suspending your access to the Services, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress, as determined necessary in our sole and absolute discretion.
11. Severability Waiver
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term. In addition, our failure to enforce any term shall not be deemed as a waiver of such term or otherwise affect our ability to enforce such term at any point in the future.
12. Governing Law
These Terms and our legal obligations hereunder are subject to the laws of the State of Illinois, United States, regardless of your location. You hereby consent to the exclusive jurisdiction of and venue in the federal and state courts located in Illinois, United States, in all disputes arising out of or relating to the Services.
13. Attorneys’ Fees
In the event that Red Digital is successful in whole or in part in any action or proceeding related to or arising from these Terms, you understand and agree that you shall be responsible for Red Digital’s attorneys’ fees and costs.
14. Miscellaneous
These Terms and any policies or operating rules posted by us through the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or your use of the Services. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
15. Please Read Our Privacy Policy
Please read our Privacy Policy, which is incorporated fully into these Terms.
16. Contact
For questions or concerns, we can be contacted by phone at (920) 644-3632, by email at support@redlightsystems.com, or by sending mail correspondence to: Red Digital, LLC, 115 E. Ogden Avenue, Suite 105 #360, Naperville, IL 60563.
17. Refund Policies
Questions? We’re here to help! Please email us at support@redlightsystems.com.
Terms of Purchase and Refund
Red Digital, LLC (“Red Digital,” “we,” “us” or “our”) stands behind all of our services (collectively the “Services”) and your satisfaction is very important to us. Any and all purchases made from us are covered by the following policies, which cover refunds, returns, cancellations, and delivery/fulfillment (collectively the “Refund Policies”). Red Digital does not accept any verbal modifications of our Refund Policies.
Generally, refunds are available within thirty (30) days of purchase from Red Digital if you are not satisfied with the Services provided by us. Please note that all credit and debit cards are processed through a secure payment processing platform and we do not have access to or store any of your payment information on our servers or premises. To be eligible for a refund, the following Refund Policies must be met:
Refund Policy for Discovery Packages
To receive a refund for a Discovery Package, you must contact our customer support team at support@redlightsystems.com or by calling (920) 644-3632 within thirty (30) days of your purchase. Your refund will be processed through our secure payment processing platform and credited to the same credit or debit card you used to make the purchase. Please allow seven (7) to ten (10) business days for your refund to be processed and appear on your credit or debit card statement.Please remember to include your full name and the email address you used to make the purchase in your email or voicemail, and one of our representatives will be in touch with you shortly.
Refund Policy for Bulk Purchases
For bulk purchases, or purchases of multiple Discovery Packages, a partial refund is available on any unused Discovery Packages if you contact our customer support team at support@redlightsystems.com or by calling (920) 644-3632 within thirty (30) days of your purchase. A refund will be issued for any unused Discovery Packages on a prorated basis, less a fifteen percent (15%) administrative fee. Your refund will be processed through our secure payment processing platform and credited to the same credit or debit card you used to make the purchase. Please allow seven (7) to ten (10) business days for your refund to be processed and appear on your credit or debit card statement.
Refund Policy for Clinics
Red Digital does not offer refunds to clinics for the services provided.
Please note that all refunds are processed through a secure payment processing platform and we do not have access to or store any of your payment information on our servers or premises. We reserve the right to refuse a refund request if we find evidence of fraud, abuse of our Refund Policies, or any other inappropriate behavior.
Cancellation Policy
You may cancel your order for a Discovery Package at any time by contacting our customer support team at support@redlightsystems.com or by calling (920) 644-3632. If you cancel your order within thirty (30) days of your purchase, you will receive a full refund in accordance with our Refund Policy for Discovery Packages. If you cancel your order after thirty (30) days of your purchase, you will not be eligible for a refund.
Please remember to include your full name and the email address you used to make the purchase in your email or voicemail, and one of our representatives will be in touch with you shortly.
Delivery Policy
After you make a purchase, Red Digital will email you a digital receipt and confirmation of your purchase. If you purchased a Discovery Package, you will also receive an email with instructions on how to redeem your purchase. Please allow up to twenty-four (24) hours to receive your confirmation email. If you do not receive your confirmation email within twenty-four (24) hours, please check your spam or junk folder before contacting our customer support team at support@redlightsystems.com or by calling (920) 644-3632.Please note that all deliveries are digital and there are no physical products shipped to you. We will deliver the Services to you through email or through the secure login page on our website. You are responsible for providing us with accurate and up-to-date contact information, including your email address, and for keeping your contact information current.
Return Policy
Red Digital does not accept returns on any purchases.
Contact
For questions or concerns about our Refund Policies, we can be contacted by phone at (920) 644-3632, by email at support@redlightsystems.com, or by sending mail correspondence to: Red Digital, LLC, 115 E. Ogden Avenue, Suite 105 #360, Naperville, IL 60563.
