Terms of Use

Effective: 7/11/2024

Please read the following carefully. These Terms of Use (these “Terms”) govern your access to and use of the Redan Holdings Inc. (“Redan,” “we,” “us,” “our”) website at https://www.redan.club (the “Site”), from using our mobile application (the “App”), and the subscription services, products and other services provided by Redan (collectively, the “Service”).

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICE. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SERVICE AND YOU MUST PROMPTLY CEASE USING IT.

By agreeing to these Terms, you expressly agree to the arbitration of all Disputes as further described in Section 21 below. The parties agree to arbitrate solely on an individual basis, and that these Terms do not permit class arbitration, or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding.

Your Access to the Service
Permitted Use and Restrictions
Privacy
User Accounts and Security
Terms of Sale and Payments
Subscriptions
Golf Activities Waiver
Third Party Content
Membership Guidelines, Submitted Content and Messaging
DMCA Notice
SMS/MMS Mobile Messaging Program Terms and Conditions
Idea Submissions
Intellectual Property Rights
Third-Party Sites and Services
Indemnity
Warranty Disclaimer
Limitation of Liability
Termination
Communication Between Us
Governing Law
Dispute Resolution
Notice for California Residents
Notice for New Jersey Residents
Additional Important Terms
Changes to These Terms
Contact Information

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1. Your Access to the Service

1.1 Internet Access

When using the Service on your mobile, laptop, desktop, or other device (your “Device”), you acknowledge and agree that you are responsible for (i) maintaining Internet access for your Device and (ii) any Internet connection and telecommunications fees and charges that you incur.

1.2 Your Device

Redan is not responsible for the operation of your Device. You are responsible for ensuring the system functions of your Device are in working order when accessing the Service, including, but not limited to screen display operation features of your Device.

1.3 No Guarantee

Access to the Service may be suspended temporarily and without notice (i) in the event of system failure, (ii) for maintenance or repair, (iii) where we reasonably suspect there has been a breach of these Terms, (iv) for reasons reasonably beyond our control, or (v) as otherwise explained in these Terms.

2. Permitted Use and Restrictions

2.1 License Grant

Subject to the terms and conditions of these Terms, Redan hereby grants you a limited, non-exclusive, personal, non-transferrable, non-sublicensable, non-assignable license to access and use the Service (including updates and upgrades that replace or supplement it in any respect and which are not distributed with a separate license, and any documentation) solely for your personal use on a Device that you own or control. We reserve all other rights that are not granted in these Terms.

2.2 Use Restrictions

You may not access or use the Service in any way that is not expressly permitted by these Terms. You may not: (i) cause, permit or authorize the modification, copy, creation of derivative works, translation, reverse engineering, decompiling, disassembling, or hacking of the Service; (ii) sell, assign, rent, lease, or grant rights in the Service, including, without limitation, through sublicense, to any other person or entity; or (iii) use the Service for any unlawful, prohibited, abnormal, or unusual activity as determined by Redan in its sole discretion.

2.3 Eligibility

In order to access and use the Service or register an account you must be an individual at least 18 years of age or a duly organized, validly existing business, organization, or other legal entity in good standing under any and all applicable laws and able to enter into legally binding contracts. Individuals under the age of 18 are not permitted to utilize the Service.

2.4 Investigations

We may, but are not obligated to, monitor, or review our Service at any time. If we become aware of any possible violations by you of these Terms, we reserve the right to investigate such violations, and we may, at our sole discretion, immediately terminate your license to use the Service pursuant to Section 18 (Termination) below.

2.5 Violation of these Terms

You must not use (or permit a third-party to use) the Service: (i) in any unlawful manner, for any unlawful purpose, or to act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Service or any operating system used by the Service; (ii) in a way that could damage, disable, overburden, impair or compromise our systems or security, or interfere with other users or members; (iii) to collect or harvest any information or data from the Service or our systems or attempt to decipher any transmissions to or from the servers running the Service; (iv) via use of a robot, spider, or other automated device to monitor or copy the Service or any information provided by the Service; (v) to send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms; or (vi) to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam). You acknowledge and agree that you are solely responsible, and Redan has no responsibility or liability to you or any other person or entity for, any breach by you of these Terms or for the consequences of any such breach.

3. Privacy

These Terms also incorporate the terms of our redan.club/privacy-policy (as updated from time-to-time). Our Privacy Policy explains how your personal information will be collected and used as well as other information regarding your privacy. By agreeing to these Terms, you are also agreeing to the Privacy Policy and you consent to (i) the processing of your personal information as explained in the Privacy Policy and (ii) the collection of information from your Device as explained in the Privacy Policy.

4. User Accounts and Security

4.1 User Accounts

To use certain features of the Service, you may be required to create a Redan account and provide us with your name, email address, and certain other information about yourself. You are solely responsible for the information associated with your account and anything that happens related to your account. You agree to provide true, accurate, current, and complete information as requested by any forms and maintain and update such information to keep it true, accurate, current, and complete. Your failure to maintain true, accurate, current, and complete account information may result in your inability to access or use our Service.

4.2 Account Security

Maintaining account security is very important. You are solely responsible for maintaining the confidentiality of your account passwords. You agree to notify Redan immediately at help@redan.club if you become aware of any unauthorized use of your password or your account.

4.3 Account Sharing or Transfers

Accounts are registered to you personally and may not be sold, traded, gifted, or otherwise transferred at any time under any circumstances. You may not share your account with, or disclose your password to, anyone else.

4.4 Fees

You agree to pay all applicable fees and taxes incurred by you or anyone using your account. YOU ACKNOWLEDGE YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.

4.5 Account Deletion by You

You may delete your account at any time by contacting a Redan Concierge at the information in Section 26 (Contact Information) below.

4.6 Account Deletion by Us

Redan may terminate your account at any time for any reason or no reason, including if: (a) Redan determines that you are (i) in breach of or otherwise acting inconsistently with these Terms or (ii) engaging in fraudulent or illegal activities or other conduct that may result in liability to Redan; (b) Redan determines it is required by law to terminate your account; or (c) Redan decides to stop providing the Service or critical portions of the Service. When terminating your account, Redan may delete your account and the information in it. You have no ownership rights to your account.

5. Terms of Sale and Payments

5.1 Billing Policies

If you choose, at your sole discretion, to purchase goods, services, or tickets to events or experiences, you acknowledge that you will be required to provide a current, valid, accepted method of payment (“Payment Method”) and you agree that we may charge your Payment Method. Redan uses authorized third parties for the purpose of processing your transactions, credit card authorizations, order fulfillment, and shipping. By submitting Payment Method details to us or our third-party processors, you grant (or otherwise authorize) Redan the right to store and process your information with such third parties. You agree that Redan is not responsible for any failures of such third parties to adequately protect your information.

5.2 Currency

All prices are listed in US dollars and all payments must be made in US dollars. Redan is not responsible for any exchange rates or fees incurred by you from your chosen Payment Method.

5.3 Product, Service and Ticket Availability

We cannot guarantee the availability of a particular product or service, or tickets to a particular event or experience, at any particular time, and we reserve the right to change and/or cancel our offerings through the Service, without notice, at any time. All prices displayed through the Service are exclusive of taxes and fees. All orders are subject to acceptance and availability. In certain circumstances, products, services or tickets to events may become unavailable after an order has been placed. In such a case, we will either notify you that we are unable to process your order, or a refund will be issued to your original Payment Method for the amount paid. It may take three (3) to eight (8) business days for the refund to appear on your bank or credit card statement.

5.4 Personal Use

All products, services and event and experience tickets sold by or received from Redan are intended to be used for personal purposes only, and you may not sell or resell any products, services or tickets you purchase or otherwise receive from Redan. Redan reserves the right, with or without notice, to cancel or terminate access to products, services or tickets to be provided to you that may result in a violation of these Terms, as determined by Redan in its sole discretion.

5.5 Sale Items

Redan reserves the right to extend or modify markdowns or discount codes at any time with or without notice.

5.6 Returns

Returns, refunds, and exchanges will be handled on a case-by-case basis. Please note that some products, including, without limitation, made-to-order items, are nonrefundable. If you encounter an issue with your order or would like to inquire about your options for exchanging your order or returning your order for a refund or store credit, please contact us as described in Section 26 (Contact Information) below.

6. Subscriptions

6.1 Subscription

Redan is a subscription-based, members-only community and Redan reserves the right to accept or reject any membership application at its sole discretion. If your membership application is approved, you will need to enroll in a paid subscription (the “Subscription”).

If you enroll in a Subscription, you will be charged the current price of the chosen Subscription plan, plus any applicable taxes and other charges (the “Subscription Fee”) at the beginning of the Subscription and annually at the beginning of each Subscription period thereafter. Subscription prices, fees, or other charges are subject to change with or without notice and may affect your Subscription Fee between Subscription periods.

6.2 Payment Method

To enroll in a Subscription, you will be required to provide a current, valid, accepted Payment Method. You authorize us to charge any Payment Method associated with your account in case your primary Payment Method is declined or no longer available to us for payment. You remain responsible for any uncollected amounts. Redan uses authorized third parties for the purpose of processing your transactions and credit card authorizations. By submitting Payment Method details to us or our third-party processors, you grant (or otherwise authorize) Redan the right to store and process your information with such third parties. You agree that Redan will not be responsible for any failures of such third parties to adequately protect your information. If a payment is not successfully settled¬—for example, due to expiration of a credit card, insufficient funds, or otherwise—we may suspend you Subscription until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees. Check with your Payment Method service provider for details.

WHEN YOU ENROLL IN A SUBSCRIPTION PLAN, WE MAY SUBMIT PERIODIC CHARGES WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD (AS DESCRIBED BELOW). SUCH NOTICE WILL NOT AFFECT ANY CHARGES SUBMITTED BEFORE WE COULD REASONABLY ACT TO TERMINATE YOUR AUTHORIZATION OR TO CHANGE YOUR PAYMENT METHOD OR THE SUBSCRIPTION.

6.3 Updating Your Payment Method

If you want to use a different Payment Method or if there is a change in your Payment Method validity or expiration data, you may edit your information by accessing your account settings page. We may also update your Payment Method using information provided by Payment Method service providers. Following any update to your Payment Method, you authorize us to continue to charge the applicable Payment Method(s). If your Payment Method reaches its expiration date, your continued use of the Service constitutes your authorization for us to continue billing that Payment Method and you remain responsible for any uncollected amounts. It is your responsibility to keep your contact information and Payment Method information current and updated.

6.4 Refunds and Cancellation

Your Subscription will continue in effect unless and until you cancel your Subscription, or we terminate it. You can cancel or make changes to your Subscription at any time by logging into your account. You may also cancel your Subscription by contacting us at the contact details in Section 26 (Contact Information). You must cancel your Subscription before it renews each year in order to avoid being charged for the next year’s Subscription Fee.

You may cancel your Subscription at any time, however, there are no refunds for cancellation or partially used Subscription periods. If you cancel before the end of your current Subscription period, you will have access to your account for the remainder of the Subscription period. In the event that Redan suspends or terminates your account or these Terms for your breach of these Terms, you understand and agree that you shall receive no refund or exchange for any unused time on a Subscription period, any license or Subscription Fees for any portion of the Subscription service, any content or data associated with your account, or for anything else. Without limiting the foregoing, at any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members. The amount and form of such refunds, discounts, or other consideration, and the decision to provide them, are at our sole discretion. The provision of refunds, discounts, or other consideration in one instance does not entitle you to refunds, discounts, or other consideration in the future for similar instances, nor does it obligate us to provide refunds, discounts, or other consideration in the future, under any circumstance.

6.5 Free Trials

Redan may, in its sole discretion, offer a Subscription with a free trial for a limited period of time (the “Free Trial Period”). To enroll in a Subscription with a Free Trial Period, you may be required to provide a Payment Method. If you decide that you do not want to become a paying member of the Subscription, you must terminate your Subscription by the end of the Free Trial Period or your Payment Method will be charged the Subscription Fee.

6.6 Changes to the Subscription or Subscription Fee

We reserve the right to change the Subscription or adjust the Subscription Fees or discounts for the Subscription or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any Subscription Fee changes will take effect following notice to your provided contact information.

7. Golf Activities Waiver

Redan’s Services allow members to participate in group events and other activities related to your golf game (the “Golf Activities”). By participating in the Golf Activities, you (i) acknowledge and agree that you are voluntarily participating; (ii) hereby assume and accept any and all risks of injury, physical harm, or death; (iii) acknowledge and represent that you are physically sound and do not suffer from any illness, impairment, disease, or other condition that would prevent you from participating in the Golf Activities, from playing golf, or from using any equipment; and (iv) knowingly and voluntarily, on behalf of yourself and your heirs and assigns, forever waive, release, discharge, and hold harmless Redan and its subsidiaries and affiliates, and each of their respective officers, directors, employees, agents, representatives, and each of their respective successors and assigns, individually and collectively, from any and all liability, damages, losses, suits, demands, causes of action (including, without limitation, negligence) or other claims of any nature whatsoever, including, without limitation, any losses for property damage, personal injury, or death, arising out of or relating in any way to your participation in the Golf Activities.

8. Third Party Content

8.1 No Endorsement or Guarantee of Accuracy

Any opinions, advice, statements, services, advertisements, offers or other information or content expressed or made available through the Service by third parties, including information providers, are those of the respective authors or distributors and not Redan. Neither Redan, its licensors nor any third-party content providers guarantee the accuracy completeness or usefulness of any content. Furthermore, neither Redan nor its licensors endorse or are responsible for the accuracy and reliability of any opinions, advice or statement made on any part of the Service by anyone other than an authorized Redan or licensor representative while acting in his/her official capacity.

8.2 Disclaimer

You may be exposed through the Service to content that violates Redan’s policies, is sexually explicit or is otherwise offensive. You access the Service at your own risk. Redan takes no responsibility for your exposure to third party content on the Service. Redan and its licensors do not assume, and expressly disclaim, any obligation to obtain and include any information other than that provided to it by its third-party sources. It should be understood that Redan does not advocate the use of any product or service described on the Site or through the Service by third parties, nor is Redan responsible for misuse of a product or service due to typographical error.

9. Membership Guidelines, Submitted Content and Messaging

Redan is not the source of, does not verify or endorse, and takes no responsibility for the content of communications or any material submitted or made available through the Service via any function that allows a member to leave comments, message other members, post reviews, or otherwise share any content (the “Submitted Content”). Submitted Content is entirely the responsibility of the person from whom such content originated. You therefore may be exposed to content that is offensive, unlawful, harmful to minors, obscene, indecent, or otherwise objectionable. Submitted Content may be protected by intellectual property rights owned by third parties. You are responsible for the content you choose to communicate and access using the Service. In particular you are responsible for ensuring that you do not submit material that (i) is protected by copyright, contains trade secrets or otherwise is subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner; (ii) is false or is a misrepresentation; (iii) is offensive, unlawful, harmful to minors, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or that encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise objectionable; or (iv) impersonates another person. Redan may in its sole discretion block, prevent delivery of, or otherwise remove the content of communications as part of its effort to protect the Service or its members and users, or otherwise enforce these Terms. Further, Redan may in its sole discretion remove or decline to publish such content on the Service and terminate your account if you submit any content that is in breach of these Terms.

9.1 Messaging, Chats and Other Public Forums

Redan may host direct messaging, chats and other public forums through the Service. These features are intended to serve as discussion centers for members of the Service. These may be public forums and the Submitted Content that you post through the Service may be seen by any other member of the Service. Any member will have the ability to edit or delete his/her own Submitted Content after posting. When posting Submitted Content through the Service, you must use good tase when discussing sensitive topics. Members are required to treat others with respect and honesty, and to be fair and informative. You are only permitted to post honest and valuable Submitted Content and you are prohibited from posting rumors or negative opinions that are not supported by facts.

9.2 Membership Guidelines

These Terms also incorporate the terms of our Membership Guidelines (as updated from time-to-time). Our Membership Guidelines explain the basic rules that all Redan members are expected to follow when participating in our events and activities. By agreeing to these Terms, you are also agreeing to the Membership Guidelines and you acknowledge and understand that a violation of the Membership Guidelines will be considered a violation of these Terms.

a. Privacy and Confidentiality. At Redan, privacy and confidentiality of our information are paramount. All members are expected to keep any information or content made available through the Service or discussions with other members private and strictly confidential. This includes, but is not limited to, member lists, conversations, and any digital or physical materials related to Redan activities. Without limiting the foregoing, this means that you may not: (i) share, post, or forward any Redan information outside of this community via any form of media or communication channels; or (ii) copy, screenshot, or reproduce any content received from Redan or through the Service without our explicit written permission.
b. Membership is a Privilege. Membership in the Redan community is a privilege and should be treated as such. Membership may be revoked at any time should a member fail to adhere to these guidelines or breach any obligations set forth in these Terms. We expect that all members will make positive contributions to the community and engage in activities that promote the growth and well-being of the group.
c. Expected Behavior. All members are expected to conduct themselves in a manner that reflects the high standards of the Redan community. This includes, but is not limited to:
1. Respectful Communication. You must engage respectfully with all members, regardless of differing opinions. Personal attacks, disrespectful or derogatory remarks, and aggressive behavior will not be tolerated.
2. Positive Contribution. You should strive to contribute positively to discussions and community projects. Your insights and active participation are what make our community thrive.
3. Upholding Standards. You must at all times act in ways that uphold and enhance the reputation of the Redan community. Your actions, both within and outside of community interactions, reflect on Redan as a whole.
d. Enforcement of Guidelines. These guidelines have been put in place to protect the integrity and privacy of our community. Any breach of these guidelines will be taken seriously and may result in the immediate suspension or revocation of your membership. If you observe any behavior that violates these guidelines, please report it to a community administrator immediately. All reports will be treated with the utmost confidentiality.

9.3 Submitted Content Restrictions

In addition to the Membership Guidelines and prohibited activities described above, when posting Submitted Content and media through the Service, you must not:

Post anything that interferes with or disrupts the Service or the operation thereof, including files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, network or the Service;
Post statements or materials that are libelous or defame, harass, abuse, stalk, threaten, intimidate or in any way infringe on the rights of others;
Post statements or materials that violate other contractual or fiduciary rights, duties or agreements;
Post or upload personal information, pictures, videos or any other media of another person without their express permission;
Delete or revise any material posted by another person or entity;
Post statements or materials that are bigoted, hateful, racially offensive, vulgar, obscene, pornographic, profane, defamatory, or otherwise objectionable, including language or images that typically would not be considered socially or professionally responsible or appropriate in person;
Post statements or materials that violate applicable law, encourage criminal conduct or discrimination based on race, sex, gender, religion, nationality, disability, sexual orientation or age, or that would give rise to civil or criminal liability or otherwise violate any law or regulation in any jurisdiction;
Post statements or materials that in any way harm minors;
Post statements or materials that impersonate any other person or entity, whether actual or fictitious, including without limitation, employees and representatives of Redan;
Post statements or materials that misrepresent your affiliation with any entity and/or Redan;
Post anything that violates the privacy or publicity rights of any other person, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, credit or debit card numbers or any trade secrets or information for which you have any obligation of confidentiality;
Post statements or materials that constitute junk mail, spam or unauthorized advertising or promotional materials, including without limitation, links to commercial products or services or any political campaigning;
Post material that in the sole judgment of Redan is objectionable or restricts or inhibits any person or entity from using or enjoying any interactive features or other portions of the Service, or which may expose Redan or its members or users to harm or liability of any nature; or
Post material that infringes, or that may infringe, any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party, or that you otherwise do not have the right to make available, without the express permission of the owner of the copyright, trademark, patent or other proprietary right. Redan does not have any express burden of responsibility to provide any member or user with indications, markings or anything else that may aid any member or user in determining whether the material in question is copyrighted or trademarked. Members and users shall be solely liable for any damage resulting from infringements of copyrights, trademarks, patents, proprietary rights or any other harm resulting from such submission.

9.4 Submitted Content License

Redan does not claim ownership of any of your Submitted Content. With respect to all of your Submitted Content, you grant Redan a perpetual, irrevocable, non-terminable, transferable, worldwide, royalty-free, sublicensable, fully paid-up, and non-exclusive license to use, reproduce, distribute, prepare derivative works of, display, modify, copy and perform the Submitted Content or any part of the Submitted Content in connection with the Service and Redan’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any and all media formats and through any and all media channels. You also hereby grant each member or user of the Service a non-exclusive license to access your Submitted Content through the Service while the Submitted Content is made available through the Service. You hereby represent, warrant, and covenant that any Submitted Content you provide does not include anything (including, but not limited to, text, images, music, or video) to which you do not have the full right to grant the license specified in this Section 9 (Membership Guidelines, Submitted Content and Messaging).

9.5 Disclaimer

Redan expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in the public forums by third parties, nor is Redan responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will Redan, or its licensors, affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of Redan, its licensors or any of their subsidiaries or affiliates.

9.6 User Acknowledgement

You acknowledge and agree that: (i) by using the Service, you may be exposed to content that you may find offensive or indecent and you do so at your own risk; (ii) you are solely responsible for, and Redan has no responsibility to you or any third party for any Submitted Content that you create, submit, post or publish on or through the Service; (iii) Redan does not guarantee any confidentiality with respect to your Submitted Content; and (iv) Redan is not responsible for any Submitted Content provided by third parties that you may have access to through your use of the Service and all Submitted Content is the responsibility of the person from whom such Submitted Content originated. You acknowledge and agree that (y) Redan has no control over and is not responsible for the use of Submitted Content by its members or users, including any member or user that has downloaded Submitted Content to a personal device; and (z) Redan may not be able to remove Submitted Content that is downloaded onto a member’s or user’s Device. Redan does not endorse any Submitted Content, or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with Submitted Content.

You acknowledge that your Submitted Content is your sole responsibility. You agree that, under no circumstances, will Redan be liable in any way for any Submitted Content, including, but not limited to, any errors or omissions in any Submitted Content, or any loss or damage of any kind incurred as a result of the use or distribution of any Submitted Content transmitted or otherwise made available via the Service.

9.7 Removal

Redan and its licensors have no obligation whatsoever to monitor any of the Submitted Content in messages, chats or other public forums. Notwithstanding the foregoing, you acknowledge that Redan has the right to pre-screen your Submitted Content but has no obligation to do so. At Redan’s sole discretion, any Submitted Content may be included in the Service in whole or in part in modified form. In addition, Redan and its designees shall have the right, but not the obligation, in their sole discretion, to alter, edit, refuse or remove any Submitted Content that is available via the Service that violates these Terms or is otherwise objectionable including, but not limited to, being unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or violating any party’s intellectual property rights. Redan may disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect itself, its clients, sponsors, members, users and visitors. Redan further reserves the right to contact members and users to inform them of policies, hide members’ or users’ Submitted Content or delete members’ accounts without warning or advance notice, for any reason, including but not limited to the violation of these Terms. Any member or user failing to comply with the guidelines set forth in this Section 9 (Membership Guidelines, Submitted Content and Messaging) may be expelled from and refused continued access to the messaging features, chats or other public forums in the future.

9.8 Size Limitations

Materials posted and/or uploaded to the various public forums may be subject to size and usage limitations. You are responsible for adhering to such limitations.

10. DMCA Notice

Redan has adopted a policy that provides for the suspension and/or termination of any member or user who is found to have infringed on the rights of Redan or of a third-party, or otherwise violated any intellectual property laws or regulations. Redan’s policy is to investigate any allegations of copyright infringement brought to its attention.

10.1 Take-Down Notice

If you have evidence, know, or have a good faith belief that your rights or the rights of a third-party have been violated and you want Redan to delete, edit, or disable the material in question, you must provide Redan with all of the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act) to our designated copyright agent (the “Designated Agent”) set forth below:

A physical or electronic signature of the copyright owner or the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
Identification of the copyrighted work (or works) claimed to have been infringed;
Identification of the material that is claimed to be infringing and information reasonably sufficient to permit Redan to locate the material (providing URLs in the content of an email is the best way to help us locate content quickly);
Information reasonably sufficient to permit Redan to contact you, including your address, telephone number, and e-mail address at which you may be contacted;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you, or your agent, or the law;
A statement made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

See 17 U.S.C. § 512(c)(3) for further information.

For this notification to be effective, you must provide it to our Designated Agent by email at help@redan.club. You can also mail your DMCA request to:

Attn:

Redan Holdings Inc.

1216 Palms Blvd

Venice, CA 90291

Mailing DMCA notices may delay the processing of your request. Only copyright complaints should be sent to the Designated Agent. No other communications will be accepted or responded to.

If you fail to comply with each requirement above, your DMCA notice may not be valid and may not be acknowledged. Once proper notice is received by the Designated Agent, it is Redan’s policy to investigate the claim and notify the alleged infringer of your claim. If we determine that you have raised a legitimate copyright claim, we will remove or disable access to the infringing material and notify the content provider, member, or user that we have removed or disabled access to the material. In addition, repeat offenders will have the infringing material removed from the system and Redan will terminate such content provider’s, member’s, or user’s access to the Service.

10.2 Counter-Notice

If you believe that the material that was removed or to which access has been disabled is either not infringing, or you believe that you have the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, you must send a counter-notice containing the following information to the Designated Agent:

Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
Your name, address, and telephone number; and
A statement that you consent to the jurisdiction of federal district court in the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which you may be found and that you will accept service of process from the person who provided the initial notification of alleged infringement.

If a counter-notice is received by the Designated Agent, Redan may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member, or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Redan’s discretion.

11. SMS/MMS Mobile Messaging Program Terms and Conditions

Redan offers a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Text Messaging Terms and Conditions (for purposes of this Section 11, the “Agreement”). By opting-in to or participating in any of our Services, you accept and agree to these Terms, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in Section 21 (Dispute Resolution) below. This Agreement is limited to the Program and is not intended to modify other Terms or the Privacy Policy that may govern the relationship between you and Redan in other contexts.

11.1 Signing Up and Opting-In to the Program

Enrollment in the Program requires you to provide your mobile number and to agree to these terms and conditions. Before the Program starts, you will need to verify the mobile phone number you provided by responding to a text message to your mobile phone that affirms your choice to opt-in to this Program and your agreement to these Terms. Redan reserves the right to stop offering the Program at any time with or without notice.

11.2 By opting into the Program, you:

Authorize Redan to use autodialer or non-autodialer technology to send text messages to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in).
Acknowledge that you do not have to agree to receive messages as a condition of purchase.
Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt-in.
Consent to the use of an electronic record to document your opt-in.

11.3 Messages You May Receive

You may receive Service-related messages and/or promotional messages. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders). Once you affirm your choice to opt-in to the Program, your message frequency may vary.

Without limiting the scope of the Program, members and users that opt-in to the Program can expect to receive messages concerning the marketing and sale services and events.

11.4 Charges and Carriers

Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone’s pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the Program.

Supported carriers vary and may not be available on all wireless carriers. Redan may add or remove any wireless carrier from the Program at any time without notice. Redan and mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.

11.5 To Stop the Program

If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, UNSUBSCRIBE, or QUIT to any mobile message from Redan in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt-out. You understand and agree that the foregoing options are the only reasonable methods of opting-out. You also understand and agree that any other method of opting-out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting-out.

For service support or assistance, reply HELP for help or email help@redan.club.

11.6 MMS Disclosure

The Program will send SMS terminating messages if your mobile Device does not support MMS messaging.

11.7 Our Disclaimer of Warranty

The Program is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with the Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Redan’s control.

11.8 Participant Requirements

You must have a wireless Device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your Device capabilities for specific text messaging instructions.

11.9 Duty to Notify and Indemnify

If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including cancelling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt-Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these Terms. You further agree that, if you discontinue the use of your mobile telephone number without notifying Redan of such change, you agree that you will be responsible for all costs (including attorney’s fees) and liabilities incurred by Redan, or any part that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and Agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs. YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMELSSS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

12. Idea Submissions

We welcome feedback from our members and users and appreciate your comments regarding our Service. However, our company policy does not permit us to accept or consider ideas, suggestions, proposals, or materials (“Submissions”) that we have not specifically requested. This policy is intended to help us, and our customers avoid future misunderstandings when new products or services developed internally by our employees might be similar or even identical to a member’s or user’s idea.

If, despite our request that you not send us your ideas, you still submit them, then regardless of any conditions you may have attempted to place on your Submission, the following terms shall apply to your Submission: you acknowledge and agree that: (i) such Submissions will be considered non-confidential and non-proprietary; (ii) we have the right (subject to our Privacy Policy), without limit in time and without payment to you, to use, copy, distribute, adapt, and disclose it via the Service or otherwise to third parties for any purpose, in any way, and in any media worldwide now known or later discovered, including, without limitation, the right to create derivative works, make improvements, perform (including through digital performance), and transmit (including through digital transmissions) such Submissions, and the right to transfer or sublicense such rights; (iii) we may have something similar to the Submissions already under consideration or in development; and (iv) you are not entitled to any compensation or reimbursement of any kind from us in connection with the Submissions under any circumstances.

13. Intellectual Property Rights

13.1 Trademarks

The Redan name and logo are trademarks and service marks of Redan. You do not have the right to use any of our trademarks, service marks, or logos, and your unauthorized use of any of these may be a violation of federal and state trademark laws.

13.2 Ownership

You acknowledge that all intellectual property rights in the Service, whether registered or unregistered, including but not limited to rights in graphics, logos, “look and feel,” trade dress, structure, organization, code, and all other content in the Service and compilation thereof, anywhere in the world, belong to us or our licensors and are valuable trade secrets and confidential information of Redan, and are protected by intellectual property laws. Except for your Submitted Content, you acknowledge and agree that Redan, and/or its licensors, own all right, title, and interest in and to the Service, including all intellectual property, industrial property, and proprietary rights recognized anywhere in the world at any time and that the Service is protected by U.S. and international copyright laws. Further, you acknowledge that the Service may contain information that Redan has designated as confidential, and you agree not to disclose such information without Redan’s prior written consent. Nothing posted on the Service grants a license to any Redan trademarks, copyrights, or other intellectual property rights, whether by implication, estoppel or otherwise. You should assume that everything you see or read on the Service is proprietary information protected by copyright or trademark unless otherwise noted and may not be used except with the written permission of Redan. When accessing the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property.

14. Third-Party Sites and Services

The Service may contain links to or allow you to share content directly with other third-party websites (“Third-Party Sites”). You acknowledge that we have no control over the Third-Party Sites and are not responsible for their contents and/or availability. We do not assume any liability for your use of any of the foregoing, which use you acknowledge and agree shall be at your own risk.

These links are provided to you for convenience only and do not constitute an endorsement or approval by us of the organizations that operate such websites, the content, or other material contained in the Third-Party Sites, and we have no association with their operators. Your use of the Third-Party Sites will be governed by their terms and conditions and privacy policies (if any) (“Third-Party Terms”). It is your responsibility to read and comply with Third-Party Terms.

15. Indemnity

You agree to indemnify and hold us and our affiliates, and their respective business partners, licensees, licensors, officers, directors, employees, and agents (the “Indemnified Parties”) harmless from and against any and all claims, demands, losses, damages, liabilities, costs, and expenses (including, without limitation, reasonable attorneys’ fees and costs), arising out of or in connection with: (i) your use of the Service or participation in any event or experience made available through the Service; (ii) your breach or violation of any of these Terms; or (iii) your violation of the rights of any third party. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations. In such event, you shall provide the Indemnified Parties with such cooperation as is reasonably requested by the Indemnified Parties.

16. Warranty Disclaimer

WE PROVIDE THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE HAVE NO OBLIGATION TO CORRECT ANY BUGS, DEFECTS OR ERRORS IN THE SERVICE OR TO OTHERWISE SUPPORT, DEVELOP OR MAINTAIN THE SERVICE. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs, we accept no liability for them. We also make no promises or guarantees, whether express or implied, that the content included on the Service is accurate, complete, or up to date.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXCLUDE ALL CONDITIONS, WARRANTIES, REPRESENTATIONS AND OTHER TERMS, WHICH MAY APPLY TO THE SERVICE (INCLUDING OUR PRODUCTS, EVENTS AND EXPERIENCES) WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES WITH RESPECT TO THE SERVICE (INCLUDING OUR PRODUCTS, EVENTS AND EXPERIENCES) AND ALL INFORMATION AND CONTENT INCLUDED ON THE SERVICE.

No information or advice obtained through the Service, or affirmation by us, by words or actions, shall constitute a warranty.

Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimers may not apply to you.

17. Limitation of Liability

IN NO EVENT SHALL THE INDEMNIFIED PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING LOST PROFITS, ANY BREACH OF SECURITY OR ANY DAMAGE TO YOUR DEVICE, LOST DATA, PERSONAL INJURY, PROPERTY DAMAGE, OR LOSSES ARISING OUT OF YOUR USE OF OR RELIANCE ON THE SERVICE OR YOUR INABILITY TO ACCESS OR USE THE SERVICE) ARISING FROM, RELATING TO, OR IN ANY WAY CONNECTED WITH THE USE OR THE PERFORMANCE OF THE SERVICE (INCLUDING OUR PRODUCTS) OR THESE TERMS, ARISING AND WHETHER FRAMED IN CONTRACT OR TORT, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF REDAN, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Your sole remedy for dissatisfaction with the Service including, without limitation, content offered on the Service, is to stop using the Service (including our products). Such limitation shall also apply with respect to damages incurred by reason of services or products received through or advertised in connection with the Service or any links on the Service, as well as by reason of any information or advice received through or advertised in connection with the Service or any links on the Service. Such limitation shall also apply with respect to damages incurred by reason of any content posted by a third-party or conduct of a third-party on the Service.

In the event the foregoing exclusion of liability is determined, in whole or in part, to be invalid or unenforceable, then the Indemnified Parties’ liability arising in connection with the Service or under these Terms whether in contract, tort (including negligence) or otherwise, shall not exceed, under any circumstances, the greater of: (i) the total amount paid for goods or services purchased through the Service in the preceding 30 days, or (ii) One Hundred Dollars ($100). You agree that any claim or cause of action arising under these Terms or the performance or non-performance of the Service must be brought within one year after such claim or cause of action arises or be forever barred.

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, REDAN’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON REDAN’S GOVERNING LAW PROVISION SET FORTH BELOW.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

18. Termination

We may terminate these Terms and/or terminate your permission to use the Service immediately, without prior notice or liability, if (a) you commit any breach of these Terms, (b) we discontinue the Service, or (c) we are prevented from providing the Service for any reason.

Furthermore, we reserve the right to change, edit, suspend, delete, and/or cancel any part of the Service and/or your access to it at any time with or without notice to you: (i) if required by law, or (ii) due to an event beyond our control.

On termination of these Terms for any reason: (x) all rights granted to you under these Terms will cease immediately, (y) you must immediately cease all activities authorized by these Terms (including your use of the Service), and (z) you acknowledge that we may restrict your access to the Service. Sections 3, 7, and 11-24 will survive any termination or expiration of these Terms.

19. Communication Between Us

If you wish to contact us in writing, or if any condition in these Terms requires you to give us notice in writing, you can send this to us as indicated in Section 26 (Contact Information) at the bottom of these Terms. If we have to contact you or give you notice in writing, we may do so by email or using any other contact details you provide to us.

20. Governing Law

These Terms and any matter arising out of or relating to these Terms, and any claim, cause of action, controversy, or matter in dispute between you and us, whether sounding in contract, tort, statute, regulation, or otherwise, shall be governed by the internal laws of the State of California in the United States, consistent with the Federal Arbitration Act, without regard to any choice or conflict of laws principles (whether of the State of California or any other jurisdiction). The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from these Terms.

21. Dispute Resolution

21.1 User Concerns

Most member and user concerns can be resolved quickly and to the members’ or user’s satisfaction by contacting us at the contact details in Section 26 (Contact Information) below.

21.2 Disputes

By agreeing to these Terms, you expressly agree to the arbitration of all Disputes. Any controversy, allegation, or claim that arises out of or relates to the Service, these Terms, or any additional terms, whether heretofore or hereafter arising (collectively, a “Dispute”), except for any controversy, allegation or claim that arises out of or relates to our actual or alleged intellectual property rights (an “Excluded Dispute”), shall be finally resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and that these Terms do not permit class arbitration, or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitrator or arbitral panel may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of the arbitration provisions will remain in force.

21.3 Arbitration Procedures

In the event your concern cannot be resolved informally, you and Redan agree that, except as provided in Section 21.6 below, all Disputes, (each a “Claim”), shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in these Terms. In the event of a conflict between the terms set forth in this Section 21 (Dispute Resolution) and the JAMS Rules, the terms in this Section will control and prevail.

Except as otherwise set forth in Section 21.6 below, you may seek any remedies available to you under federal, state, or local laws in an arbitration action. As part of the arbitration, both you and Redan will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given, and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in these Terms, (i) you and Redan may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate, or enter judgment on the award entered by the arbitrator; and (ii) the arbitrator’s decision shall be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.

IN THE CASE OF ARBITRATION AND WHERE PERMITTED BY LAW, YOU ARE AGREEING TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. YOU ARE ENTITLED TO A FAIR HEARING, BUT THE ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. ARBITRATOR DECISIONS ARE ENFORCEABLE AS ANY COURT ORDER AND ARE SUBJECT TO VERY LIMITED REVIEW BY A COURT.

21.4 Location

The arbitration will take place in the City of Los Angeles, California, United States of America, unless the parties agree to video, phone, or internet connection appearances.

21.5 Limitations

You and Redan agree that any arbitration shall be limited to the Claim between Redan and you individually. YOU AND REDAN AGREE THAT (i) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (ii) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (iii) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.

21.6 Exceptions to Arbitration

You and Redan agree that the following Claims are not subject to the above provisions concerning binding arbitration: (i) any Excluded Dispute; (ii) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (iii) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration.

21.7 Arbitration Fees

If you initiate arbitration for a Claim, you will need to pay the JAMS arbitration initiation fee. If we initiate arbitration for a Claim, we will pay the costs charged by JAMS for initiating the arbitration. All other fees and costs of the arbitration will be charged pursuant to the JAMS Rules.

21.8 Severability

You and Redan agree that if any portion of this Section is found illegal or unenforceable (except any portion of Section 21.6), that portion shall be severed and the remainder of the Section shall be given full force and effect. If Section 21.6 is found to be illegal or unenforceable then neither you nor Redan will elect to arbitrate any Claim falling within that portion of Section 21.6 found to be illegal or unenforceable and such Claim shall be exclusively decided by a court of competent jurisdiction within the City of Los Angeles, California, United States of America, and you and Redan agree to submit to the personal jurisdiction of that court.

22. Notice for California Residents

In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing 1625 North Market Blvd, Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

23. Notice for New Jersey Residents

If you are a consumer residing in New Jersey, the following provisions of these Terms do not apply to you: Section 16 (Warranty Disclaimer), Section 17 (Limitation of Liability), and the California governing law provision of Section 20 (Governing Law) above (for example, to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law).

24. Additional Important Terms

24.1 Assignment

The rights granted to you under these Terms may not be assigned without Redan’s prior written consent, and any attempted unauthorized assignment by you shall be null and void.

24.2 Severability

Except as otherwise provided in Section 21.8, if any part of these Terms is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the Terms shall be given full force and effect.

24.3 Attorneys’ Fees

In the event any litigation or arbitration is brought by either party in connection with these Terms, except as otherwise provided in Section 21.7, the prevailing party shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in any legal action relating to these Terms.

24.4 No Waiver

Our failure to enforce any provision of these Terms shall in no way be construed to be a waiver of such provision, nor in any way affect our right to enforce the same provision at a later time. An express waiver by Redan of any provision, condition, or requirement of these Terms shall not be understood as a waiver of your obligation to comply with the same provision, condition, or requirement at a later time.

24.5 Equitable Remedies

You acknowledge and agree that Redan would be irreparably damaged if the terms of these Terms were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to any breach of these Terms, in addition to such other remedies as we may otherwise have available to us under applicable laws.

24.6 Entire Agreement

These Terms, including the documents referenced in these Terms, constitutes the entire agreement between you and Redan with respect to the Service and supersedes any and all prior agreements between you and Redan relating to the Service.

24.7 Transfer

We may transfer our rights and obligations under these Terms to another organization but this will not affect your rights or our obligations under these Terms.

25. Changes to These Terms

We reserve the right, at our sole discretion, to amend these Terms at any time. As applicable, we will notify you of material changes to these Terms when you next access the Service (we may also email you about any material changes to these Terms). We reserve the right at any time and from time-to-time to modify or discontinue, temporarily or permanently, the Service (or any part of it) with or without notice.

26. Contact Information

If you have any questions or comments relating to the Service or these Terms, please contact us at: concierge@redan.club or help@redan.club.