Terms and Conditions of Use

Last Updated as of October 18th, 2021

Redo Tech Inc, also known as getredo.com (hereafter referred to as “We”, “Us”, “Our”, “Redo”, “Redo Platform” “Redo APP” or “Website”) is an online returns and exchanges platform. Redo is a Shopify plugin that helps merchants process returns or exchanges and helps their customers by providing a streamlined process to handle those returns and exchanges (the “Service” or “Services”).

The term “Merchant” also refers to “You” or “Your”  and includes all Merchants that sign up to use and make available the Redo Platform for their customers.  Merchants using the Redo Platform agree to these Terms of Use, the Disclaimer (set forth below), as well as Our Privacy Policy which form a binding agreement (“Agreement”) between the Merchant and Redo. If You do not agree to be bound by these Terms of Service or Our Privacy Policy, Your only recourse shall be to discontinue using the Redo Platform. Each Merchant acknowledges that this is a binding Agreement, and it governs use of the Redo Platform as well as the Services We make available through the Redo Platform and takes the place of any emails, texts or conversations between Us and You.

Redo develops and makes available to You through the Redo Platform applications designed to enhance Your e-commerce platform or, if You are a customer or purchaser, Your online shopping experience. Our software applications are built as a plugin to a Merchant’s existing online Shopify storefront, offering value-added features. 

Merchants may not authorize any third party (other than, if applicable, their employees, consultants or agents) to access or use the Redo Platform on Your behalf.

Except as otherwise stated below, the Services, software, coding, programming, Content and Information, and all rights thereto, are the property of Redo and/or our affiliated companies and are protected under U.S. copyright, trade secret, trademark and patent law as well as international treaty provisions, with all rights reserved. The Redo App and other related images, graphics, logos, text, service marks and trade names used on or in connection with the Redo Platform and Services are the trademarks of Redo, Inc. and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on the Redo Platform are the property of their respective owners. Subject to these Terms of Use, Redo grants Merchants a limited license to install and use the Services and Redo APP solely for the purpose of the Merchant operating their own online store. The Merchant understands and agrees that the Merchant does not have any ownership rights in the Redo APP. Any future release, update, or other addition to the Services and Redo APP shall be subject to these Terms of Use. Redo and its service providers reserve all rights not granted in these Terms of Use.

PLEASE READ THESE TERMS OF USE CAREFULLY. Use of the Redo Platform and any information or Services made available through the Redo Platform is limited to those individuals and entities who can form legally binding contracts under applicable law, and without limiting the foregoing, any Information, Content, or Services made available through the Redo Platform is not to be accessed or used by minors without the supervision of a parent or guardian.

Before using any of the “Information” or “Services” (as those terms are defined below) made available through the Redo Platform, Merchants acknowledge and agree that they have read and agree to be bound by this Agreement in its entirety. Merchants agree to be bound by any changes to this Agreement and check back from time to time. We may revise or amend the Terms of Use at any time without prior notice and Merchants agree the revisions or amendments will be effective upon updating on the Redo Platform with those changes or amendments. We agree to change the “Last Updated” date appearing at the top of this page to reflect each time We make any changes to this Agreement. Continued use of the Redo Platform and/or Services following the posting of changes shall mean that You accept those changes. Even if You agree to Our Terms of Use, We may deny You access to the Redo Platform and/or the use of some or all of Our Information and Services in Our sole and absolute discretion, for any reason or no reason.

You agree to conduct your own due diligence and research outside of the Redo Platform and to accept all risks related to reliance on the Redo Platform to handle your returns and exchanges. We make no representations, warranties, or guarantees of any kind, express or implied, about the Redo Platform and its ability to handle all the returns and exchanges the Merchant’s business may face. You agree to hold Us harmless from any claims or loss You may suffer as a result of Your use of the Redo Platform. You agree that any reliance You place on the Redo Platform is solely at Your own risk.

In no event will We be liable for any loss or damage to You or any third parties including without limitation, indirect or consequential loss or damage, even if We are made aware of it or notified of it by You, or any loss or damage whatsoever arising from or in connection with, the use of the Redo Platform. The Redo Platform may not always be available or properly functioning and You agree to hold Us harmless from any loss of data, money, assets, or profits arising out of, or in connection with, the inability to use or access the Redo Platform or Services. This includes loss of products being returned in the mail, damaged items and lost items.

In no event will We be liable for any loss or damage to You or any third parties including, but not limited to, any loss caused in whole or in part by any inaccuracies or incompleteness, delays, interruptions, errors or omissions, including, but not limited to, those arising from Our negligence or the negligence of any of Our service providers or contingencies beyond Our or any of Our service providers’ control in procuring, compiling, interpreting, computing, calculating, reporting, or delivering Our Services.

YOUR USE OF ANY OF OUR SERVICES, THE REDO PLATFORM, AND ANY OF THE CONTENT OR INFORMATION FOUND ON THE REDO PLATFORM, INCLUDING BUT NOT LIMITED TO DATA, POLICY INFORMATION, GRAPHICS, TEXT AND HYPERLINKS OR REFERENCES TO OTHER WEBSITES, IS AT YOUR SOLE RISK, WHICH YOU ACCEPT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES IN CONNECTION WITH THE REDO PLATFORM, OUR SERVICES, CONTENT, AND INFORMATION, ALL OF WHICH ARE PROVIDED “AS IS”, “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHER, REDO DOES NOT MAKE ANY OTHER REPRESENTATIONS OR WARRANTIES THAT THE REDO PLATFORM, OUR SERVICES, CONTENT, AND INFORMATION WILL MEET YOUR REQUIREMENTS, BE  UNINTERRUPTED OR ERROR-FREE, THAT ANY ERRORS WILL BE CORRECTED, OR THAT THE REDO PLATFORM, OUR SERVICES, CONTENT, AND INFORMATION WILL BE FREE FROM MALICIOUS SOFTWARE, VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHER, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR RESULTS OF THE USE OF THE REDO PLATFORM, OUR SERVICES, CONTENT, AND INFORMATION, NOR THE ADEQUACY, ACCURACY OR COMPLETENESS OF THE REDO PLATFORM, OUR SERVICES, CONTENT, AND INFORMATION. NO ORAL OR WRITTEN INFORMATION GIVEN BY ANY PARTY SHALL CREATE ANY SUCH  WARRANTIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. IN NEW JERSEY, THE ABOVE DISCLAIMER OF THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE DOES APPLY TO YOU BUT DOES NOT LIMIT OUR LIABILITY FOR A VIOLATION OF A STATUTORILY IMPOSED DUTY.

Through the Redo Platform, You may able to link to other sites which are not under Our control. We have no control over the nature, content, and availability of those third-party sites. The inclusion of any links to those third party sites does not imply that We recommend or endorse the views expressed by them.

Additionally, We may receive advertising, marketing, or promotional fees from other companies or those wanting to promote their products or services, so We have a conflict of interest and/or interest in the Information and Services We provide or make available on the Redo Platform and that Information and/or Services may be biased as a result.

ADVERTISER DISCLOSURE - AFFILIATE AND REFERRAL PROGRAMS

From time to time, We may enter into various affiliate and referral programs with others for which We receive compensation, so We have a conflict of interest and/or interest in the Information We provide or the Services We make available on the Redo Platform and that Information and/or Services may be biased as a result.

DEFINITIONS

Registration As A Merchant

When You register You may be required to register by creating an account and then signing into the Redo Platform. If You register, You represent and warrant to Us that: (i) You are of legal age to form a binding contract, and, if You are acting on behalf of an organization, You have the right to enter this Agreement on behalf of such organization; (ii) You will provide Us with accurate, current and complete registration information; (iii) Your registration and Your use of the Redo Platform and Services is not prohibited by law; and (iv) You have all legal rights to provide the Content You post on the Redo Platform and will not violate any confidentiality agreements, copyright or trademark laws, intellectual property agreements, court orders, or other laws or agreements that may prohibit You from posting such information, posts, comments or other such Content on the Redo Platform. We reserve the right to terminate or suspend Your status as a Merchant in the event that You breach any term of this Agreement.

  1. The Redo Platform.

    a. The Redo Platform is a Shopify plugin that helps Merchants process returns or exchanges and helps their customers by providing a streamlined process to handle those returns and exchanges.

    b. Redo does not offer any legal, financial, investment, or business advice. From time to time, We may have several plans to choose from and the Services You will receive are based on the plan You sign up for. Merchants agree and represent that Redo shall at no point be held liable for the actions or omissions of any of the Merchants customers. You agree to hold Redo harmless and indemnify Redo from any and all such claims made by Customers as a result of Your customers using the Redo Platform, the Services, the Content, or the Information.

  2. Definitions. The following terms are used throughout these Terms of Use and have specific meanings. You should know what each of the terms means

    a. The term “Service” or “Services” refers to the services provided by Us, including without limitation email notifications, SMS messages, text messages, push notifications, posts on social media platforms and online communities, videos, graphics, studies, blogs, mobile applications, charts, data, news, press releases, as well as the processing of returns or exchanges of a Merchant’s products from its customers.

    b. The term “Agreement” refers, collectively, to all the terms, conditions, and notices contained or referenced in these Terms of Use and the Privacy Policy.

    c. The “Redo Platform” refers to getredo.com, all subpages and subdomains, Mobile Applications, and all Content, Information and Services We offer.

    d. The term “Merchant,” “You”, “Your” refers to the person, company, or organization that has downloaded the Redo APP as an option for its customers to use when making a purchase from the Merchant’s Shopify store.

    e. “Content” refers to content featured or displayed on or through the Redo Platform, including but not limited to text, documents, information, data, charts, articles, opinions, images, photographs, graphics, software, applications, video recordings, audio recordings, sounds, designs, features, and other materials that are made available on the Redo Platform either by Us or by You. Content includes, without limitation, Merchant-Generated Content, and Third-Party Content which may be submitted by any Redo Merchant or others outside of the Redo Platform that are not Merchants.

    f. The “Redo” Platform, also known as and referred to as getredo.com, is owned by Redo Tech Inc and is also referred to as “We”, “Us”, “Our”, “Redo”, “Redo Platform”, or “Website”. When any of these terms are used in the Agreement those terms shall also include Our affiliates, corporate owner, directors, subsidiaries, officers, attorneys, Merchants, managers, independent contractors, consultants, and employees.

    G. “Information” includes Content, news, press releases, software, data, reviews, products, Services, charts, analysis, or graphics, as well as anything else appearing on the Redo Platform.

  3. Merchant Responsibilities and Pricing. You, and You alone, are responsible for Your account and anything that happens while You are signed in to or using Your account. Your security is Your responsibility

    a. Pricing and Collection of Fees. Redo reserves the right in its sole and absolute discretion to adjust the “Redo Credit” price periodically. The Redo Credit price is the price that will appear in Your Shopify shopping cart when a customer goes to checkout and is offered the opportunity to purchase the Services offered by Redo for exchanges and returns. The Redo Credit price adjustment will be made in Our sole and absolute discretion by giving the Merchant not less than five (5) calendar days’ notice of the price increase. Once effective the new Redo Credit price will show up in the Merchant’s store front. We reserve the right to make Redo Credit price adjustments on a bi-weekly basis based on a number of factors including (i) the increase or decrease in the return rate; (ii) a change in the average weight and dimensions of the Merchant’s products; and (iii) a change in the average price of shipping labels. . The Merchant agrees that since it is the customer that pays the Redo Credit price and the Merchant that collects the Redo Credit price, Redo will bill the Merchant on a bi-weekly basis through the Merchant’s credit card via automatic payment. We use Stripe to process and collect Our Redo Price fees from the Merchant on a monthly basis.

    b. Merchant Account Security. If You register as a Merchant, You will create a personalized account which includes a unique username and a password to access the Redo Platform and to receive messages from Redo. You are responsible for maintaining the security of Your account, and You are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You agree to notify Redo immediately of any unauthorized use of Your account, or any other breaches of security. We will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of Your computer, mobile device, or other computing device and/or account.

    c. No Reliance on Merchant-Generated Content. Redo Content or Merchant-Generated Content posted on the Redo Platform, such as blog posts or forums, is provided for informational and research purposes only, with no assurance that the Content is true, correct, or accurate. Content on the Redo Platform is not a substitute for professional business, financial, or legal advice nor is it a solicitation to offer business, financial, or legal advice regarding specific facts. You should not delay or forgo seeking independent advice regarding Your particular situation.

    d. Redo Does Not Guarantee Results. From time to time, Merchants may submit reviews of other Merchants; these reviews do not constitute a guarantee, warranty, or prediction regarding the outcome of any future matter. You agree that Redo shall have no responsibility or liability of any kind for any Redo’ Content or Merchant-Generated Content or business or financial advice You encounter on or through the Redo Platform, and any use or reliance on Redo Content or Merchant-Generated Content or business or financial advice is solely at Your own risk. Whether it is Merchant-Generated Content, or Content We post on the Redo Platform, You understand and agree that it is for informational and research purposes only and not to be relied upon and You should seek professional, investment, financial, or legal advice.

    e. Compliance with Laws. You represent, warrant, and agree that: (i) You have the authority to, and are of legal age in Your jurisdiction to, bind Yourself to this Agreement; (ii) Your use of the Redo Platform will be solely for purposes that are permitted by this Agreement; (iii) Your use of the Service will not infringe or misappropriate the intellectual property rights of any third party; and (iv) Your use of the Service will comply with all local, state and federal laws, rules, and regulations, and with all other Redo policies.

  4. Use and Conduct Restrictions. You are allowed to use the Redo Platform as long as You follow a few basic rules. The following Use Restrictions and Conduct Restrictions are the basic rules We expect Merchants to follow while using the Redo Platform. We are not responsible for the Content that Our advertisers, marketers or Merchants post, and We have the right to close accounts if We need to for any reason or no reason.

    a. Prohibited Content. You agree that You will not under any circumstances transmit any Content (including software, text, images, or other information) that

    i. is unlawful or promotes unlawful activity;

    ii. defames, harasses, abuses, threatens, or incites violence towards any individual or group;

    iii.   is pornographic, discriminatory, or otherwise victimizes or intimidates an individual or group on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

    iv.   is spam, is machine- or randomly-generated, constitutes unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;

    v.    contains or installs any viruses, worms, malware, Trojan horses, or other Information that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;

    vi.   infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights;

    vii.  impersonates any person or entity, including any of Our employees, representatives, or other Merchants; or

    viii. violates the privacy of any third party.

    b. Restrictions on Use of the Redo Platform, Redo APP, Services , Content or Information. You agree that except as authorized herein or with our prior written approval, You are prohibited from copying, modifying, displaying, distributing, transmitting, transferring, redelivering, publishing, selling, marketing, renting, leasing, licensing or sublicensing, creating derivative works, or otherwise using or making available to any third party/parties any of our Services, Content, or Information for any purpose. Systematic retrieval of data from any of Our Services or the Content thereon to create or compile, directly or indirectly, a collection, compilation, database or directory, unless with Our express written permission, is prohibited. You agree that You will not, directly or indirectly, reverse engineer, decompile, reproduce or otherwise attempt to derive source code, trade secrets, or other intellectual property from any information, material, or technology included on the Redo Platform, Our Services, Content, or Information. Any attempt to do so is a violation of Our rights, and if You breach this restriction, You may be subject to prosecution and damages. Finally, You are strictly prohibited from accessing and/or using the Redo Platform, Redo APP, Our Services, Content, or Information to develop, or have a third party develop, a product, service, software or APP that is similar or competitive to the Redo Platform, Redo APP, Our Services, Content, or Information.

    c. Affiliate Trademark and Intellectual Property Rights. If You are a Merchant or other commercial enterprise (or are acting on behalf of such person), during the Term of this Agreement, You hereby consent to and grant a limited, revocable, non-exclusive, non-transferable, non-sublicensable, royalty-free, worldwide license to Redo to use Your trademarks, trade names, service marks, trade-dress, and other marks (collectively “Marks”) and other designations, copyrights (including photographs, graphics and other images), data (including product catalogs or user signals), or other materials (collectively “Materials”), including, at Our discretion, for the purpose of advertising, marketing, and promoting Your brand and products on the Redo Platform, Our website, or the Redo APP. You shall retain all right, title and interest in and to Your Marks and Materials. If in the course of exercising its right to use the Marks and Materials as specified herein, Redo acquires any goodwill in the Marks and Materials, all such goodwill shall automatically vest in the owner of the Marks and Materials without any separate action, payment or other consideration of any kind, and, upon request, Redo shall, at the owner’s expense, take all such actions and execute all such documents as may be necessary to effect such vesting in the owner of the Marks and Materials.

    d. Merchants Must Be Over Age 18. You represent that You are over the age of 18. Redo does not target Our Information to children or teenagers under 18. If We learn of any Merchant under the age of 18, We will terminate that Merchant’s account immediately.

    c. No Liability for Merchant Interactions; Redo May Monitor Interactions. You agree that any liability, loss, or damage that occurs as a result of any Merchant interactions with other Merchants or customers, is solely Your responsibility and You indemnify and hold harmless Redo from any such claims, demands, lawsuits or losses. At Our discretion, We, or technology We employ, may monitor and/or record Your general interactions with the Redo Platform.

    d. Right to Terminate Accounts. We have the right (though not the obligation) to, in Our sole discretion, determine whether or not any Merchant conduct is appropriate and complies with these Terms of Use, or terminate or deny access to and use of the Redo Platform or Service to any Merchant for any reason, or no reason, with or without prior notice.

  5. Merchant-Generated Content. You own Your Content, but You allow Us certain rights to it, so that We can display and share the Content You post or provide us with. We have the right to remove Content at Our sole discretion for any reason or no reason.

    a. Responsibility for Merchant-Generated Content. You may create Content, written or otherwise, while using the Service (“Merchant-Generated Content”). You are solely responsible for the Content of, and any harm resulting from, any Merchant-Generated Content that You post, upload, link to, or otherwise make available via the Service, regardless of the form of that Content. Any liability, loss, or damage that occurs as a result of the use of any Merchant-Generated Content that You make available or access through Your use of the Service is solely Your responsibility. We are not responsible for any public display or misuse of Your Merchant-Generated Content and We do not verify, research, or verify the truthfulness or accuracy of any Information or Content on the Redo Platform, which You agree You will separately verify or confirm from outside sources deemed reliable or Your own professional legal or business without relying on any Content, Information, advertising or marketing that appears on the Redo Platform.

    b. Right to Post. You represent and warrant that You have the right to post all Content You submit. Specifically, You warrant that You have fully complied with any third-party licenses, sublicenses, or permissions relating to such Content and have taken all steps necessary to post, display or pass through such Content on the Redo Platform.

    c. Redo May Modify or Remove Content. We have the right (though not the obligation) to, in Our sole discretion, determine whether or not any Merchant-Generated Content is appropriate and complies with these Terms of Use, or refuse or remove any Merchant-Generated Content that, in Our reasonable opinion, violates any Redo policy or is in any way harmful, inappropriate, or objectionable. Redo further reserves the right to make formatting and edits and change the manner any Merchant-Generated Content is displayed on the Redo Platform.

    d. Ownership of Merchant-Generated Content. Except for Content that originates from Us, We do not claim ownership of any Content that is transmitted, stored, or processed in Your account. You retain all ownership of the Merchant-Generated Content You post. You may control access to Your Merchant-Generated Content through settings in Your user account or by contacting Us.

    e. License Grant. Solely to allow Redo to use Content You upload to the Redo Platform reasonably without violating any rights You have in it, You grant Us the following rights: by posting any Content via the Redo Platform, You expressly grant Redo and Our successors and assigns a worldwide, sublicensable, fully-paid and royalty-free, and non-exclusive license to use, reproduce, display, modify, adapt, revise, distribute, and perform the Content in connection with Our business purpose without restriction. This license also grants Redo the right to sell Merchant-Generated Content or otherwise distribute it outside of the Redo Platform and regardless of the use We make of such Content, Merchants will not be entitled to any royalties, profits, or revenues of any kind. 

    f. You agree that Our rights to the Content You generate or post, which rights are set forth in this Section and elsewhere in this Agreement, apply even after We or You terminate this Agreement.

  6. Merchants. Merchants includes any person or entity that uses the Redo Platform and may interact with other Merchants or customers on the Redo Platform

    a. No Fiduciary Relationship through Redo Platform Use. Use of the Redo Platform does not form a fiduciary relationship with Merchants. Information posted or made available on or through the Redo Platform, including, without limitation, any responses to questions posted on the Redo Platform; the Content; information posted publicly on the Redo Platform; or information sent in an unsolicited message to a Merchant is not intended as business or financial advice, is not confidential, and does not create a fiduciary relationship with Us or among the Merchants. It is simply Content to be used for research and informational purposes. 

  7. Feedback from Merchants. All Merchants agree to receive emails, questionnaires, and surveys that may be requested from time to time.
  8. Third Party Content. There may be content from third parties on the Redo Platform, such as articles, blog posts, or forum posts written by other Merchants or customers or links to other websites. Because We cannot control that Information, We are not responsible for that Information or for the websites that Information may link to.

    a. Access To Third Party Content. By using the Redo Platform, You will be able to access Content belonging to or originating from third parties (“Third Party Content”). Your use of the Redo Platform is consent for Redo to present this Third Party Content to You. You acknowledge all responsibility for, and assume all risk for, Your use of Third Party Content. 

    b. No Responsibility For Third Party Content. As part of the Service, Redo may provide You with convenient links to third-party website(s) as well as other forms of Third Party Content. We are not responsible for any public display or misuse of Third Party Content and We do not verify, research, or verify the truthfulness or accuracy of any Third Party Content, which You agree You will separately verify or confirm from outside sources deemed reliable or Your own professional legal, business, or financial advisors without relying on any Third Party Content, advertising or marketing that appears on the Redo Platform. We have no control over third-party websites or content or the promotions, materials, information, goods, or services available on them. By linking to such content, We do not represent or imply that We adopt or endorse, nor are We responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than Redo. We are not responsible for any Third Party Content accessed through the Redo Platform. If You decide to leave the Redo Platform and access Third Party Content, You do so at Your own risk and You should be aware that Our terms and policies do not govern Your use of those third-party websites. You should review the applicable terms and policies, including privacy and data gathering practices, of any such Third Party Content.

    c. No Authorization To Use Third Party Content. This Agreement does not authorize You to distribute, publicly display, publicly perform, make available, alter, or otherwise use any Third Party Content except as permitted by those  third-party websites You are visiting.

  9. Copyright Infringement and DMCA Policy. If You believe that any Content located on the Redo Platform or linked to a third-party website by Us violates Your copyright, please notify Redo in accordance with Our Digital Millennium Copyright Act Policy.

    a. Termination of Repeat Infringer Accounts. Redo respects the intellectual property rights of others and requests the same of Merchants. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, We will terminate a Merchant’s access to and use of the Redo Platform if the Merchant is considered by Us a repeat infringer of the copyrights or other intellectual property rights of Redo or others. We may terminate access of Merchants who We believe repeatedly provide or post protected Third Party Content without appropriate rights and permissions.

    b. DMCA Take-Down Notices. If You are a copyright owner or an agent of a copyright owner and believe, in good faith, that any materials provided on the Redo Platform infringe upon Your copyrights, You may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending a properly formatted take-down notice in writing to Redo’ designated copyright agent: Michael Markos  michael@trademarkia.com. 

    c. Response To DMCA Take-Down Notices. If Redo takes action in response to an infringement notice, it will make a good faith attempt to contact the party that made such content available by means of the most recent email address, if any, provided by that party to Redo. Any DMCA infringement notice may be forwarded to the party that made the content available or to third parties such as https://lumendatabase.org/.

    d. Counter-Notices. If You believe that Your Merchant-Generated Content that has been removed from the Redo Platform is not infringing, or that You have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the Content You submitted to the Redo Platform, You may send a properly formatted counter-notice to Redo’ copyright agent using the contact information set forth above.

    e. Response to DMCA Counter-Notices. If a counter-notice is received by Redo’ copyright agent, Redo may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, Merchant or user, the removed content will be reinstated on the Redo Platform in 10 to 14 business days after receipt of the counter-notice.

  10. Intellectual Property Notice. Redo retains all ownership of Our Information and intellectual property, including Our copyrights, patents, and trademarks.

    a. No Transfer. Redo retains ownership of all intellectual property rights of any kind related to the Redo Platform and Service, including applicable copyrights, patents, trademarks, and other proprietary rights. Other trademarks, service marks, graphics and logos used in connection with the Redo Platform and the Service may be the trademarks of other third parties. This Agreement does not transfer from Us to You any Redo or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Us. We reserve all rights that are not expressly granted to You under this Agreement.

    b. Specifically, Redo, and all other trademarks that appear, are displayed, or are used on the Redo Platform or as part of the Services are registered or common law trademarks or service marks of Redo or are those belonging to others who have given Us approval to use. These trademarks may not be copied, downloaded, reproduced, used, modified, or distributed in any way without prior written permission from Redo.

    c.        Any comments or materials sent to Redo or posted on the Redo Platform, including feedback data, such as questions, comments, suggestions, or the like regarding the content of any such documents (collectively “Feedback”), shall be deemed to be the intellectual property of Redo. Redo’s use of the Feedback will be in compliance with Our Privacy Policy, which is set forth on the Redo Platform, and applicable laws. Redo shall have no additional obligations with respect to such Feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works, and distribute the Feedback to others without limitation. Further, Redo shall be free to use any descriptions, testimonials, recommendations, criticism, ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to improving Our Service, and developing, creating, and marketing products and services incorporating such Feedback.

  11. Email Communications. We use email and electronic means to stay in touch with Our users.

    a. Electronic Communications Required. For contractual purposes, You (i) consent to receive communications from Redo in an electronic form via the email address You have submitted; and (ii) agree that all Terms of Use, agreements, notices, disclosures, and other communications that Redo provides to You electronically satisfy any legal requirement that such communications would satisfy if it were in writing. This section does not affect Your non-waivable rights.

    b. Legal Notice To Redo Must Be In Writing. Communications made through email or the Service’s private messaging system will not constitute legal notice to Redo or any of Our officers, employees, agents, directors, or representatives in any situation where notice to Redo is required by contract or any law or regulation. You can contact Us at hello@getredo.com.

  12. Termination. You may cancel this Agreement and close Your account at any time.

    a. You May Terminate This Agreement. If You wish to terminate this Agreement or Your account with Us, You may simply discontinue using Redo. If You wish to delete Your Merchant account data, please email us at hello@getredo.com. Upon termination be advised that You agree that We retain all rights to Your Content you have provided. We will retain and use Your information as necessary to comply with Our legal obligations, resolve disputes, and enforce Our agreements. Barring legal requirements, We will use our discretion in deciding whether or not to delete Your full profile in approximately thirty days.

    b. Redo May Terminate This Agreement. Redo may terminate Your access to all or any part of the Redo Platform at any time, with or without cause, with or without notice, effective immediately. Upon termination be advised that You agree that We retain all rights to Your Content you have provided. We will retain and use Your information as necessary to comply with Our legal obligations, resolve disputes, and enforce Our agreements. Barring legal requirements, We will use our discretion in deciding whether or not to delete Your full profile in approximately thirty days.

    c. Some Provisions Survive Termination. All provisions of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, Our use of the Content, warranty disclaimers, indemnity, and limitations of liability.

  13. Merchant Dispute Resolution Procedures.

    a. Merchants agree that any disputes between Merchants and customers shall be resolved by arbitration or litigation as set forth in the written agreement entered into between them. Merchants agree that any such disputes between Merchants shall be settled, arbitrated, or litigated between them and they agree that they shall hold harmless and shall indemnify Redo from and against any such claims, demands, lawsuits, or losses and that in either event, the maximum liability of Redo shall be $200.00. In the event a Merchant or Merchants have a dispute of any kind or nature against Redo, such Merchant or Merchants, agree that such claim shall be brought to arbitration with the American Arbitration Association pursuant to their rules of commercial arbitration. Merchants agree that there shall be a one-person arbitration panel. The laws of the State of Utah shall apply and the place of arbitration shall be Gilbert, Utah. 

    b. Jury Trial Waiver. You and Redo acknowledge and agree to waive the right to a trial by jury as to all matters, disagreements, disputes, or controversies of any kind or nature that may exist between You and Redo.

    c.  No Class Actions or Representative Proceedings. You and Redo acknowledge and agree to waive the right to participate as a plaintiff or class Merchant in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all disagreements, disputes, or controversies of any kind or nature. Further, unless You and Redo both otherwise agree in writing, the arbitrator may not  consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. 

  14. Disclaimer of Warranties. We provide the Information on Our Redo Platform and the Services as is, and We make no promises or guarantees about the Information or the Services. Please read this section carefully; You should understand what to expect.

    a. Redo provides the Redo Platform and the Service “as is,” without warranty of any kind. Without limiting the foregoing, Redo expressly disclaims all warranties, whether express, implied, or statutory, regarding the Redo Platform, the Information, and the Services including, without limitation, any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.

    b. Specifically, Redo makes no representation or warranty that the Information We provide or that is provided through the Service by Us or others is accurate, reliable, timely, or correct; that the Service will meet Your requirements; that the Service will be available at any particular time or location, that the Service will function in an uninterrupted manner or be secure; that any defects or errors will be corrected; or that the Redo Platform or Services are free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from Your use of the Information, Third Party Content or other material obtained from the Services We provide. Some jurisdictions limit or do not permit disclaimers of warranty, so this provision may not apply to You.

  15. Limitation of Liability. We will not be liable for damages or losses arising from Your use of the Information or Services or arising under this Agreement. Please read this section carefully; it limits Our obligations to You.

    a. To the extent permitted by applicable law, in no event will Redo be liable to You for any loss of profits, use, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from (i) the use, disclosure, or display of Information, whether generated, created, or posted by You or others; (ii) Your use of or inability to use the Services; (iii) the use of the Redo Platform, Services or any of the software or systems that We make available; or (iv) any other interactions with Redo or any other Merchant of the Redo Platform or Our Services, whether based on warranty, contract, tort (including negligence) or any other legal theory, and whether or not Redo has been informed of the possibility of such damage, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. Redo will have no liability for any failure or delay due to matters beyond Our reasonable control. Some jurisdictions limit or do not permit disclaimers of liability, so this provision may not apply to You.

    b.        The Information or Services may include technical or typographical inaccuracies, mistakes or errors. Redo assumes no liability for any errors or omissions there may be in the Information contained on the Redo Platform or in the Services and expressly disclaims any such responsibility for such.

  16. Third-Party Beneficiaries. Merchants are intended third-party beneficiaries of this section of the Terms of Use. Any legal information provided on the Redo Platform or in the Services is for informational and research purposes only. Redo and any creator of Content disclaim, all warranties, either express or implied, statutory, or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties' rights, and fitness for particular purpose, to the fullest extent permitted by law. In no event will Redo or Merchant be liable for any damages (including, without limitation, incidental and consequential damages, personal injury / wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Services, Website, Redo Platform, or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Redo or contributors of Content are advised of the possibility of such damages. Neither Redo nor contributors of Content are liable for any personal injury, including death, caused by Your use or misuse of the Services, Redo Platform, Website, or Content.
  17. Release and Indemnification.

    a. You agree to indemnify and hold harmless Redo from and against any and all claims and expenses, including attorneys’ fees, arising out of Your use of the Services, Redo Platform, Website, Information, or Third Party Content, including but not limited to Your violation of this Agreement or Our violation of this Agreement.

    b. If You have a dispute with one or more Merchants, Service Providers, news providers, or publications that provide Us with Information, You release Redo from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If You are a California resident, You waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

  18. Modification of Terms of Use. Redo may amend this Agreement from time to time, and in Redo’s sole discretion. If We make changes, We will notify You by revising the date at the top of this Agreement, and in some cases, providing You with additional notice (such as adding a statement to the homepage of Our Service or sending You an email notification). Any changes will be effective immediately upon the posting of the revised Agreement on the Service. Your continued use of the Redo Platform, Services, Information, and Content after the effective date of a revised version of this Agreement constitutes Your acceptance of its terms.
  19. Miscellaneous. This Agreement is governed by Delaware law. If We are involved in a merger or are acquired by a person or another entity, We may transfer the rights to this Agreement. You may only agree to these terms if You are able to form a binding contract in Your state or country. These Terms of Use, the Disclaimer, and Our Privacy Policy are the complete agreement between You and Us, and no other terms apply. This Agreement may only be modified by a written amendment signed by an authorized Redo executive, or by the posting by Redo of a revised version.

    a. Governing Law. Except to the extent applicable law provides otherwise, this Agreement between You and Redo and any access to or use of the Redo Platform, Information, Content, or the Services are governed by the laws of the State of Utah, without regard to conflict of law provisions. You and Redo agree to submit to the exclusive jurisdiction and venue of the courts located in Utah.

    b. Severability. If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of Redo to enforce any provision of this Agreement will not be considered a waiver of Our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

    c. Limitation of Term of Action. You agree that any cause of action related to or arising out of Your relationship with Redo must be commenced, by filing a lawsuit not later than three hundred and sixty-five (365) calendar days after the claim or cause of action accrues. Otherwise, such claim or cause of action and Your rights to bring such action shall be permanently barred.

    d. Non-Assignability. Redo may assign or delegate the terms of this Agreement, in whole or in part, to any person or entity at any time with or without Your consent. You may not assign or delegate any rights or obligations under the Terms of Use or Privacy Policy without Redo’s prior written consent, and any unauthorized assignment and delegation by You is void.

    e. Section Headings and Summaries Non-Binding. Throughout this Agreement, each section includes titles and brief summaries of the following terms and conditions. These section titles and brief summaries are not legally binding.

    g. Authorization to Contract. You represent and warrant that if You are an individual, You are of legal age to form a binding contract; or that if You are registering on behalf of an entity, that You are authorized to enter into, and bind the entity to this Agreement.

You acknowledge that You have read this Agreement, understand its terms and conditions, and agree to be bound by this Agreement in its entirety. Your only option should You not agree is to cease using this Redo Platform and the Services and uninstall from Shopify.