TERMS OF SALE

Effective as of 03/01/2011

These Terms of Sale (these “Terms”) contain the terms and conditions that apply to your purchase of products and services (together, “Products”) from Redline Running Company, Inc. (“Redline”). Please read these Terms carefully. They contain very important information about your rights and obligations, as well as limitations and exclusions that may apply to you.

By clicking “I Agree,” you acknowledge that you have read, accepted and agreed to be bound by these Terms and to comply with all applicable laws and regulations, including without limitation U.S. export and re-export control laws and regulations.

These Terms are subject to modification without prior written notice at any time, in Redline’s sole discretion. The version of these Terms applicable to your purchase will be the version in effect on the day you submit the applicable order to Redline.

These Terms apply only to Products that are not intended for resale. By using the Redline website, you are also subject to Redline’s Terms of Use.

 

Section 1
Price and Payment Terms

Your total price for the Products will be stated on your purchase receipt and you shall also receive a confirmation of your order by way of e-mail to the address you indicate during the registration process. Terms of payment are within Redline’s sole discretion, and, unless otherwise agreed to by Redline, payment must be received by Redline prior to Redline’s acceptance of an order for Products. Payment for the Products must be made by credit card (issued by Visa, MasterCard or American Express) or debit card (issued by Visa or MasterCard). Orders are not binding upon Redline until accepted by Redline. Any price offers or advertisements given by Redline will be valid for the period stated on the offer or advertisement, with the exception that Redline reserves the right to reject any sale for any reason, including for a misprint in the price offer or advertisement. Prices offered or advertised do not include shipping and handling or applicable sales taxes, which will be added to the price you pay.

 

Section 2
Shipping and Title

Redline will arrange shipping of the Products to your address using a carrier of Redline’s choice, in Redline’s sole and absolute discretion. Title and risk of loss to apparel and other tangible Products passes to you upon delivery to the carrier. We do not provide insurance on such Products during delivery. The costs of shipping and handling will be shown on your purchase receipt. Redline will inform you of estimated shipment dates but will not be responsible for delays in delivery due to events beyond its reasonable control, including without limitation shortage of materials, transportation failure, or acts of God.

 

Section 3
Inspection of Products Upon Receipt

You must examine apparel or other tangible Products when you receive them. If any item is damaged or missing, you must notify Redline immediately. Redline will not consider any claim for damaged or missing items more than thirty (30) days from the date of delivery.

 

Section 4
Products

Redline’s policy is one of an ongoing Product update and revision. Redline may revise and discontinue Products at any time. Redline will deliver Products that have similar characteristics of the Products you ordered, but changes between what is delivered and what is described online are possible.

 

Section 5
Logon and Password

After registering on the Site, Redline will send you a unique logon and password to the email address designated by you during the registration process. Your logon and password will allow you to participate in the purchase of Products to the extent allowed by each respective permission. You are solely responsible for your logon and password and the transaction(s) performed via the use of your logon and password. You may request revocation of your logon and password by sending us notification by email to info@redlinerunningcompany.com. You are solely responsible for your logons and passwords.

 

Section 6
Product Suitability

Many states and localities have laws, codes and regulations governing sales, receipt and/or use of Products for certain purposes. While Redline attempts to assure that its Products comply with such laws, codes and regulations, it cannot guarantee compliance and cannot be responsible for how the Product is received or used. Before purchase, receipt and/or use of Product, please review the national and local laws, codes and regulations to be sure that the Product, and receipt and use thereof, will comply with such laws, codes and regulations.

 

Section 7
Limited Warranty and Disclaimers

Redline warrants to the original purchaser of apparel that such apparel will be free from defects in materials and/or workmanship from the date of purchase for a period of ninety (90) days, unless otherwise specified. During this warranty period, Redline will, at its option, repair or replace defective apparel. Notwithstanding the foregoing, damage due to shipping the apparel to you is not covered under this warranty. This warranty also does not cover damage due to external causes, including without limitation wear and tear, accident, abuse, misuse, or use or care not in accordance with apparel instructions. Redline will repair or replace apparel that does not conform to this Section 7 which returned to its facility in accordance with the return policy outlined below. If Redline repairs or replaces any apparel, its warranty term is not extended. You must call Redline during the warranty period in order to be eligible to receive warranty service under this Section 7.

THE ABOVE LIMITED WARRANTY IS THE ONLY WARRANTY APPLICABLE TO THE PRODUCTS AND THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THESE TERMS. REDLINE HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION, PHOTOGRAPHS, ADVERTISEMENTS OR ADVICE GIVEN BY REDLINE, ITS AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS LIMITED WARRANTY.

 

Section 8
Limitation of Liability

REDLINE’S RESPONSIBILITY FOR DEFECTS IN PRODUCTS IS LIMITED TO REPAIR AND REPLACEMENT AS SET FORTH IN THE ABOVE WARRANTY STATEMENT. ALL EXPRESS AND IMPLIED WARRANTIES FOR THE PRODUCT, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO THE WARRANTY PERIOD SET FORTH ABOVE AND NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, WILL APPLY AFTER SUCH PERIOD. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

REDLINE DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES EXPRESSLY SET FORTH HEREIN. REDLINE WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS, LOST DATA OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. THIS LIMITATION OF LIABILITY APPLIES TO PRODUCTS. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS, REDLINE IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY YOU FOR THE PURCHASE OF THE PRODUCT GIVING RISE TO THE LIABILITY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

Section 9
Return and Cancellation Policies

If you bought apparel or other tangible Products directly from Redline, you may return them to Redline up to thirty (30) days from the date of shipment for a complete refund of the purchase price. No apparel or other tangible Products may be returned for any reason other than as provided under the warranty set forth in Section 7 after thirty (30) days from the date of shipment.

To return Products, you must ship the Products to Redline in their original packaging and condition, prepay shipping charges and accept the risk of loss or damage during shipment. Redline will not ship a replacement or exchange until we have received the returned Product. The returned package must contain a copy of an original purchase receipt that shows the price of the returned Product(s).

To return apparel or other tangible Products, please mail such Products to: Redline Running Co. Attn: Online Returns P.O. Box 1047 Erie, CO 80516

Refunds on purchases made with a credit card will only be credited to the same card.

In the event you wish to cancel any event for which you registered or any other service purchased from Redline, Redline will issue you a credit for the amounts paid for such event or service for use on a future event or service, provided you request such cancellation at least one business day prior to the start of such event or the beginning of the period of such service (e.g. prior to the start of an eight week training block). Your purchases of events or services may also be transferred to another person, provided you request such transfer at least one business day prior to the start of such event or the beginning of the period of such service (e.g. prior to the start of an eight week training block). Notwithstanding anything herein to the contrary, no refunds will be made on any events or services purchased from Redline.

 

Section 10
Customer Support

Redline provides basic telephone or email customer support for the Products. You may contact Redline at either 303-834-7717 or info@redlinerunningcompany.com for assistance with questions about your purchase, shipment, warranty service, and any exchanges, returns, cancellations or transfers. This is also the number to call to change your address or to inquire about orders, bills and invoices.

 

Section 11
Entire Agreement/Revisions

These Terms set forth the entire agreement of the parties with respect to the subject matter hereof. These Terms may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for Product(s) that are subject to additional or altered terms and conditions will be null and void.

 

Section 12
Waiver, Choice of Law and Venue

The failure of Redline to assert a right hereunder or to insist upon compliance with any term or condition will not constitute a waiver of that right or excuse any subsequent nonperformance of any such term or condition by you. All transactions shall be governed by the laws of the State of Colorado, excluding conflict of law rules. The exclusive venue for any claim or dispute between the parties shall be in the state or federal courts located in Colorado, and you hereby irrevocable submit to the jurisdiction of such courts. For any dispute arising under these Terms, you hereby waive your right to a trial by jury; you hereby waive your right to sue only except on an individual basis; and you waive your right to bring any putative or certified class action.

 

Section 13
Severability

If any provision of these Terms shall be ruled unenforceable, then the remainder shall be enforced to the extent permissible.

 

Section 14
Notice

Except as explicitly stated otherwise, any notices shall be given to Redline, Inc. by email to info@redlinerunningcompany.com or to the email address you provide to Redline during the registration process. Notice shall be deemed given twenty-four (24) hours after email is sent.