Terms of Use

SERVICE ACCESS AND USE LICENSE

The Service You have accessed and all of its contents as a whole and in part are protected by copyright, trademark, service mark, trade name and other intellectual property, and are owned or controlled by Red Cross, its affiliates and licensors. The Service is licensed to You, not sold. Except for the limited license granted in these Terms of Use, Red Cross and its licensors retain all right, title and interest in the Service and all proprietary rights in the Service, including without limitation copyrights, patents, trademarks, service marks and trade names.

Red Cross may change, suspend, or discontinue any aspect of the Service at any time.

1. GRANT OF LICENSE.

   Red Cross grants You a personal, revocable, nontransferable, nonexclusive license to use the Service for personal, non-commercial purposes, conditioned on Your continued compliance with these Terms of Use.

2. LIMITATIONS ON LICENSE.

   The license granted to You in these Terms of Use is restricted as follows:

   • Limitations on Copying and Distribution. You may download or copy downloadable items displayed on the Service for personal, non-commercial use only, provided that You maintain and display all copyright, trademark and other notices contained therein.

   • Limitations on Use. You may use and access the Service solely for Your personal, non-commercial use. All use of the Service must be in accordance with these Terms of Use. You may not use, copy, store, reproduce, transmit, distribute, display, modify, alter, license, sublicense, or commercially exploit the Service or any contents, information, data or materials provided through the Service in any manner not expressly permitted by these Terms of Use or the Service. You may not assign, sublicense, rent, timeshare, loan, lease or otherwise transfer the Service, or directly or indirectly permit any third party to use or copy any of the Services. You may not: (i) use any “deep link”, “page scrape”, “robot”, “spider”, or other automatic device, program, script, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Service or in any way reproduce or circumvent the navigational structure or presentation of the Service to obtain or attempt to obtain any materials, documents, or information through any means not purposefully made available through the Service; (ii) attempt to gain unauthorized access to any portion or feature of the Service, including without limitation, the account of any other authorized user or any other systems or networks connected to the Service or to any server used by Red Cross or to any of the services offered on or through the Service, by hacking, password “mining” or any other illegitimate or prohibited means; (iii) probe, scan, or test the vulnerability of the Service or any network connected to the Service, or breach the security or authentication measures on the Service, or any network connected to the Service; (iv) reverse look-up, trace, or seek to trace any information on any other authorized user of or visitor to the Service; (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or systems or networks of Red Cross or networks connected to the Service; (vi) use any device, software, or routine to interfere with the proper working of the Service or any transaction being conducted on the Service, or with any other person’s use of the Service; (vii) use the Service to harvest or collect e-mail addresses or other contact information; (viii) market, co-brand, private label, separately distribute, resell or otherwise permit third parties to access and use the Service without the express, separate and prior written permission of Red Cross; (ix) create an intact reproduction of a page or pages of the Service into another service; or (x) use the Service in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact Red Cross.

   • Non-Solicitation. You may not post or transmit through the Service any material which contains advertising or any solicitation with respect to products or services.

   • Limitations on Reverse Engineering and Modification. You may not reverse engineer, decompile, disassemble, modify or create works derivative of the Service or any materials accessed through the Service.

   • Proprietary Notices. You may not remove any proprietary notices, including copyright and trademark notices, or labels from the Service on any materials accessed through the Service.

   • Compliance with Applicable Law. You are solely responsible for ensuring Your use of the Service is in compliance with all applicable foreign, federal, state and local laws, rules and regulations.

3. USER OBLIGATIONS.

   By downloading, accessing, or using the Service in order to view information and materials or submit Material (as defined below) of any kind, You represent that You: (i) are at least eighteen (18) years of age, or between thirteen (13) and seventeen (17) years of age and using the Service with parental or legal guardian consent and supervision; (ii) are registered to the extent required, and have not been previously restricted, suspended or terminated by Red Cross; and (iii) are not using another authorized user’s account without that person’s permission.

4. YOUR SUBMISSION OF CONTENT.

   The Service may contain comment areas, questionnaires, tools, and other interactive features where You can share and display content, information, postings, materials, including without limitation, statements, photographs, video and other images (collectively “Materials”). You are solely responsible for any Materials You provide. By submitting Materials to the Service, You warrant that You have all necessary rights to grant, and automatically grant to Red Cross and its affiliates, a royalty-free, worldwide, perpetual, irrevocable, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, publicly display, publicly perform, translate, and distribute such Materials (in whole or in part) and/or to incorporate them in other works in any form, media or technology now known or developed in the future. You also permit any other users of the Service to access, view, store or reproduce Your Materials and content for that user’s personal, non-commercial use. Red Cross will not be required to treat any Materials as confidential, and You grant to Red Cross the right to edit, copy, display, publish and distribute any Materials made available via the Service by You, without compensation to You or any other party submitting the Materials for You. Notwithstanding the right and license, by merely permitting Your Materials to appear on the Service, Red Cross is not a publisher of such Materials, and is merely functioning as an intermediary to enable You to provide and display Materials. Moreover, and except as provided in these Terms of Use with respect to the right and ability of Red Cross to delete or remove Materials, Red Cross does not endorse, oppose, or edit any opinion provided by You or any other user and does not make any representation with respect to, nor does it endorse the accuracy, completeness, timeliness, or reliability of any Materials displayed, uploaded, linked-to or distributed by You or any other user. You agree that by using the Service, You will not post or transmit any of the following:

    

   • Anything that interferes with or disrupts the Service or its operation;

   • Materials that are vulgar, obscene, indecent, profane, or otherwise objectionable or offensive, defamatory, libelous, unlawful, threatening, abusive, harassing, misleading, or false;

   • Unauthorized copyrighted materials, or any other material that infringes on the intellectual property rights, rights of publicity or personality, trade secrets, confidentiality, or privacy of others;

   • Materials that encourage criminal conduct or that would give rise to civil liability or otherwise violate any law or regulation in any jurisdiction;

   • Materials that harm minors;

   • Materials that impersonate any other person or entity, whether actual or fictitious, or that misrepresent Your affiliation with any entity; or

   • 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.

5. OTHER TERMS AND CONDITIONS.

   Additional notices or terms and conditions may apply to receipt of services, participation in a particular program, sweepstakes, training, authorized user registration to other specific portions or features of the Service, all of which are made a part of these Terms of Use by this reference. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Service, the latter terms shall control with respect to Your use of that portion of the Service.

6. LINKS TO OTHER SERVICES.

   Red Cross may provide links, in its sole discretion, to other services. Red Cross is not responsible for the availability of these outside resources or their contents. Red Cross expressly disclaims any responsibility for the content, materials, accuracy of information and/or the quality of the products or services provided by, available through, or advertised on these third-party services, or the products or services provided by any third party.

7. LINKS TO THIS SERVICE.

   You may link to the Service provided that You do so in a way that indicates that the link is direct to an American Red Cross Service and is fair and not misleading. You may not integrate or make use of all or part of the Service in ways that would confuse or mislead visitors as to the nature and origin of the Service’s content.

8. PASSWORDS; SECURITY.

   Registration by You as an authorized user for access to certain areas of the Service may require both a user name and a password (“Authorized User Credentials”). You may also have to provide certain registration information, all of which must be accurate and updated. You are not allowed to share or give Your Authorized User Credentials to anyone else. You are responsible for maintaining the confidentiality of Your password. You agree not to use another person’s Authorized User Credentials or select Authorized User Credentials: (i) with the intent to impersonate another person; (ii) subject to the rights of another person without authorization; (iii) in violation of the intellectual property rights of another person; or (iv) that Red Cross, in its sole discretion, deems inappropriate or offensive or discriminates on the basis of race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. You acknowledge and agree that You shall have no ownership or other property interest in Your account and/or user name, and You further acknowledge and agree that all rights in and to Your user name and account are and shall forever be owned by and inure to the benefit of Red Cross. Failure to comply with the foregoing shall constitute a breach of these Terms of Use, which may result in immediate suspension or termination of Your Authorized User Credentials. RED CROSS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THESE OBLIGATIONS. Red Cross reserves the right to delete or change Authorized User Credentials (with or without notice) at any time and for any reason.

9. TERMINATION.

   These Terms of Use and Your license to use the Service will take effect the moment You install, access, or use the Service and will be in effect until terminated as set forth below. This license will automatically terminate in the event You breach any of these terms. Termination will be effective without notice. You may terminate these Terms of Use at any time by ceasing to use the Service. All applicable provisions of these Terms of Use as identified below will survive termination. Upon termination, You must destroy all copies of any aspect of the Service in Your possession. The following will survive termination of these Terms of Use for any reason: (i) the General section below; (ii) the provisions concerning rights in Your Materials that You have granted to Red Cross; and (iii) Red Cross’ proprietary rights, indemnity, disclaimers of warranty, limitation of liability, and governing law.

10. WARRANTY DISCLAIMER.
    YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND YOU ASSUME ALL RISK. THE SERVICE AND ITS INFORMATION, CONTENT, MATERIALS, PRODUCTS, SERVICES, AND USER CONTENT IS PROVIDED ON AN “AS AVAILABLE,” “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, RED CROSS AND ITS LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SERVICE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, FITNESS FOR A PARTICULAR PURPOSE, AND RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE. RED CROSS DOES NOT ENDORSE, RECOMMEND, OR MAKE ANY WARRANTIES AS TO THE CONTENT, INFORMATION, MATERIALS, USER MATERIALS, FEATURES, SERVICES, PRODUCTS, OPINIONS, OR STATEMENTS AVAILABLE ON OR THROUGH THE SERVICE OR THROUGH LINKS ON THE SERVICE. RED CROSS DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU SPECIFICALLY ACKNOWLEDGE THAT RED CROSS IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
11. OTHER DISCLAIMERS.
    CONTENT ON THE SERVICE IS NOT INTENDED TO SUBSTITUTE FOR PROFESSIONAL ADVICE OF ANY KIND. IN PARTICULAR, NOTHING CONTAINED ON THE SERVICE IS OR SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING PERSONAL HEALTH OR MEDICAL CONDITIONS. NEVER DISREGARD OR AVOID PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ, HEARD OR SEEN ON THE SERVICE.
    
    RED CROSS DOES NOT REPRESENT OR WARRANT THAT PRODUCT INFORMATION ON THE SERVICE IS ACCURATE OR COMPLETE, AS INFORMATION MAY BE PROVIDED BY PRODUCT MANUFACTURERS OR SUPPLIERS, AND ON OCCASION MANUFACTURERS MAY MODIFY THEIR PRODUCTS AND UPDATE THEIR LABELS. WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON THE SERVICE AND THAT YOU CONSULT THE PRODUCT’S LABEL OR CONTACT THE MANUFACTURER DIRECTLY IF YOU HAVE A SPECIFIC CONCERN OR QUESTION ABOUT A PRODUCT.
12. LIMITATION OF LIABILITY.
    TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL RED CROSS OR ITS SUPPLIERS/LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR INDIRECT DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE), WHICH INCLUDE, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, LOST PROFITS, LOST DATA AND BUSINESS INTERRUPTION, ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE, ITS CONTENT OR PRODUCTS, OR ANY OF ITS THIRD PARTY CONTENT OR PRODUCTS AVAILABLE OR SOLD ON OR THROUGH THE SERVICE, EVEN IF RED CROSS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE ENTIRE LIABILITY OF RED CROSS AND ITS SUPPLIERS/LICENSORS UNDER THESE TERMS OF USE FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) IS LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESS TO THE SERVICE.

    Some states do not allow the exclusion of incidental or consequential damages, or the limitation on how long an implied warranty lasts, so some of the above may not apply to You.

13. ONLINE SHOPPING.

    All product and service descriptions and depictions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Service does not imply or warrant that such products or services will be available. In the event a product or service available on or through the Service is listed at an incorrect price or with incorrect information, Red Cross will have the right to refuse or cancel any orders placed for the product or service listed at the incorrect price, whether due to a typographical error, an error in information received from Red Cross’ suppliers or providers, or otherwise. Your receipt of an electronic or other form of order confirmation neither signifies Red Cross’ acceptance of Your order, nor constitutes confirmation of Red Cross’ offer to sell. Red Cross reserves the right at any time after receipt of Your order to accept or decline Your order for any reason. Red Cross may charge and withhold the applicable sales tax for orders, otherwise. You are solely responsible for all sales or other taxes, on orders shipped to You. If You wish to purchase any product made available through the Service, You may be asked to supply certain information relevant to such transaction including, without limitation, Your credit card number, its expiration date and security code, the billing address, and any shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, You grant to the Red Cross the right to provide such information to third parties for purposes of facilitating the completion of any transactions initiated by You or on Your behalf. Verification of information may be required prior to the acknowledgment or completion of any such transaction. It is Your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any product or service purchased from the Service. By placing an order, You represent that the products and services ordered will be used only in a lawful manner pursuant to any additional terms that may accompany them. Except as otherwise set forth herein, the risk of loss for and title to products or services purchased on the Service passes to You upon electronic transmission to the recipient or delivery to the carrier, as applicable.

    Business customers must submit a Credit Approval and Purchase Order form. Customers who are approved for credit extensions will receive an invoice following order shipment. Invoices are produced four times monthly so there may be more than one (1) order on an invoice for the same bill-to address and the same or different ship-to addresses. We do not send invoices to addresses outside the United States and its territories.

    You may opt into Electronic Invoice Delivery for the established account. You will provide a valid email address on Your Credit Approval and Purchase Order form. You will receive a link in the email to a PDF copy of Your invoice. The link expires thirty (30) days from receipt of the email. You confirm that You are authorized to opt in to electronic invoice delivery of American Red Cross Store invoice(s) on behalf of You or Your organization to one (1) designated email address. You understand that You or Your organization will not receive an invoice via postal mail after You have been successfully enrolled in electronic delivery. If the billing contact or invoice delivery email address changes for Your account, You will update that information by contacting Billing Support at billing@redcross.org. You or Your organization is responsible for payment regardless of receipt of the electronic invoice. If invoices are not received as expected, You understand that it is Your responsibility to contact Billing Support.

    Standard Payment Terms are NET thirty (30). Payment in full is due on the ue Date stated on the invoice. Payment of invoice is accepted by credit card or check. Past due amounts shall be subject to collections actions and may be referred to an external collections agency which will result in the termination of Your invoicing privileges. Credit card payment will be required if invoicing privileges are suspended or terminated. To make a payment by credit card, call 888-284-0607. To pay an invoice by check, include the remittance advice showing the Your customer account name, number and invoice number and send to:

    American Red Cross
    Red Cross Store
    25688 Network Place
    Chicago, IL 60673-1256

    For questions or concerns about Your invoice, please email billing@redcross.org, or call the number listed on the invoice or the Service’s FAQ webpage, as applicable.

    Red Cross reserves the right to change its prices and related policies in its sole discretion upon thirty (30) days advance notice of such changes, which changes shall be posted here. It is Your responsibility to keep apprised of these Terms of Use.

    TERMS AND CONDITIONS FOR THE ONLINE SALE OF GOODS

    THE FOLLOWING CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

    BY PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.

    YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS OR GOODS BY APPLICABLE LAW.

    These terms and conditions (these "Terms") apply to the purchase and sale of products through Red Cross On-Line Store at redcross.org/store (the "Site"). These Terms are subject to change by the American National Red Cross (referred to as "us", "we", "our," or “Red Cross” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the "Last Updated Date" referenced on the Site. You should review these Terms prior to purchasing any products that are available through this Site. Your continued use of this Site after the "Last Updated Date" will constitute your acceptance of and agreement to such changes.

    These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for products through this Site (see 9).

    1. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products listed in your order. All orders must be accepted by us or we will not be obligated to sell the products to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.

    2. Prices and Payment Terms.

       1. All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

       2. We may offer from time to time promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

       3. The following terms may be used by us to communicate pricing information:

          1. "Sale" refers to a reduced price for a product.

          2. "Clearance" refers to a reduced price for a product that will be discontinued.

       4. Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept Visa, Discover, Mastercard, American Express, and Paypal for all purchases. You may opt to be invoiced instead, as provided under, and subject to, the Website Terms of Use. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.

    3. Shipments; Delivery; Title and Risk of Loss.

       1. We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.

       2. Title and risk of loss pass to you upon our transfer of the products to the carrier/delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

    4. Returns and Refunds. Except for any products designated on the Site as final sale or non-returnable, we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within 30 days of shipment with valid proof of purchase and provided such products are returned in their original condition.

       You are responsible for all shipping and handling charges on returned items unless otherwise specified. You bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection.

       Refunds are processed within approximately seven to ten business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE.

       For defective returns, please refer to the manufacturer's warranty (see ection 6) included with the product or as detailed in the product's description on our Site.

    5. Manufacturer's Warranty and Disclaimers. We do not manufacture or control any of the products offered on our Site. The availability of products through our Site does not indicate an affiliation with or endorsement of any product or manufacturer. Accordingly, we do not provide any warranties with respect to the products offered on our Site. However, the products offered on our Site are covered by the manufacturer's warranty as detailed in the product's description on our Site and included with the product. On certain, select products, we may elect from time to time to assist you in submitting a warranty claim to the manufacturer. These products will be designated on their respective pages on our site, and in our FAQs. In all other cases, to obtain warranty service for defective products, please follow the instructions included in the manufacturer's warranty.

       ALL PRODUCTS OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY, QUALITY OR ACCURACY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR YOUR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

       SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

       YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER'S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.

    6. Limitation of Liability.

       IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

       OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS YOU HAVE ORDERED THROUGH OUR SITE.

       
       

       The limitation of liability set forth above shall: (i) only apply to the extent permitted by law.

    7. Goods Not for Resale or Export. You represent and warrant that you are buying products from the Site for your own use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US.

    8. Privacy. Our Privacy Policy, www.redcross.org/privacy-policy.html , governs the processing of all personal data collected from you in connection with your purchase of products through the Site.

    9. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

    10. Governing Law and Jurisdiction. This Site is operated from the US. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the District of Columbia without giving effect to any choice or conflict of law provision or rule (whether of the District of Columbia or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the District of Columbia.

    11. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this ion 12 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

    12. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Red Cross.

    13. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

    14. Notices.

        1. To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

        2. To Us. To give us notice under these Terms, you must contact us as follows: (i) by electronic-mail transmission to RCSPO@redcross.org; or (ii) by personal delivery, overnight courier, or registered or certified mail to American Red Cross Training Services, 5688 Network Place, Chicago, IL 60673-1256. We may update the electronic-email address or physical address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective seven business days after they are sent.

    15. Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

    16. Entire Agreement. Our order confirmation, these Terms, our Website Terms of Use and our Privacy Policy (collectively referred to as “Agreement” hereinafter) will be deemed the final and integrated agreement between you and us on the matters contained in these Terms. Unless you and Red Cross have executed a separate agreement which governs the purchase and sale of the goods from the Site, and such agreement is in effect at the time of purchase, these Terms, our Website Terms of Use, and our Privacy Policy constitute the entire agreement between Red Cross and you regarding your purchase from us, and our sale to you, of goods from the Red Cross Store, and supersede all prior agreements, understandings and representations, both written and oral, between us with respect to that subject. This Agreement may only be added to, modified, or waived by a non-preprinted document clearly understood by both Red Cross and you to be an amendment, addendum or waiver, as the case may be, and signed by an authorized representative of each party. Any additional or different terms or conditions contained in any purchase order, confirmation, or other, similar document issued by you will not be binding on Red Cross, whether or not such terms and conditions would materially alter this Agreement, and even if Red Cross has signed or otherwise acknowledged such purchase order, confirmation, or other document, and Red Cross hereby rejects all such additional and different terms and conditions.

14. DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE.

    Red Cross is committed to complying with copyright and related laws, and requires all users of the Service to comply with these laws. Accordingly, You may not store any material or content or use or disseminate any material or content though the Service in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by copyright law. Owners of copyrighted works who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Red Cross to terminate use privileges of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to Red Cross by the copyright owner or the copyright owner’s legal agent.

     

    If You feel that a posted message is objectionable or infringing, Red Cross encourages You to contact Red Cross immediately. Upon Red Cross’ receipt of a proper written notice of claimed infringement under the DMCA, Red Cross will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow all other relevant procedures specified in the DMCA with regard to the claimed infringement. The designated agent of Red Cross (i.e., the proper party) to whom You should address such notice is listed below.

    If You believe that Your work has been copied and posted using the Service in a way that constitutes copyright infringement, please provide Red Cross’ designated agent with a written communication containing the following information:

    • An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right in the copyright that is allegedly infringed;

    • A description of the copyrighted work that You claim has been infringed;

    • A description of where the material that You claim is infringing is located to permit Red Cross to locate the material;

    • Your address, telephone number, and email address;

    • A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

    • A statement by You, made under penalty of perjury, that the information contained in Your report is accurate and that You are the owner of the exclusive right in the copyright that is allegedly infringed or authorized to act on the owner's behalf.

    Red Cross’ designated agent for notice of claims of copyright infringement can be reached as follows:

    By E-Mail:
    IPRights@redcross.org with the subject line “DMCA”

    By Mail:
    Designated Agent
    The American National Red Cross
    Attn: Office of the General Counsel
    431 18th Street, NW
    Washington, D.C. 20006
    Phone 202-303-4086

15. INTERNATIONAL USERS.

    While all Services are controlled and operated within the United States, this publication may be distributed internationally and may contain references to The American National Red Cross, the International Committee of the Red Cross (ICRC), the International Federation of Red Cross and Red Crescent Societies (IFRC), and other Red Cross or Red Crescent Society services, products, and programs that are not in Your country. These references do not imply that The American National Red Cross, the International Committee of the Red Cross, or other Red Cross and Red Crescent Societies intend to announce or provide the programs, products, or services in Your country. All questions about the International Committee of the Red Cross, Red Cross or Red Crescent activities in Your country should be directed to the Red Cross or Red Crescent Society in Your country. Red Cross makes no representation that content, materials or products available on or through the Service are appropriate or available for use outside of the United States. If You access or use the Service from a location outside the United States, You are responsible for compliance with applicable laws, including local laws regarding online conduct and content and product use, local national Red Cross society rules and policies, and U.S. export laws and regulations.

16. MONITORING

    Red Cross has the right, but not the obligation, to monitor the content of the Service (including any social or chat forum or tools, services or functions that enable the sharing, display or performance of any Material), to determine compliance with these Terms of Use and any operating rules established by Red Cross, and to satisfy any law, regulation or authorized government request. Red Cross has the right and sole discretion to edit, refuse to post, or to remove any Materials submitted to or posted on or within the Service, including, without limitation, the right to remove any Materials that Red Cross, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

17. INDEMNIFICATION

    You agree to indemnify, defend and hold Red Cross and its affiliates and its and their respective governors, directors, officers, employees, volunteers, and agents, harmless from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys’ fees and costs) arising out of Your use of the Service.

18. PRIVACY POLICY.

    You understand, acknowledge, and agree that the operation of certain programs, services, tools, purchase options, materials, or information in the Service requires the submission, use and dissemination of various personal identifying information. Accordingly, if You wish to access and use those programs, services, tools, materials, purchase options, or information of the Service, You acknowledge and agree that Your use of the Service will constitute acceptance of the personal identifying information collection and use practices contained in the privacy policies posted on the Service.

19. TRADEMARK INFORMATION.

    The Greek Red Cross emblem and American Red Cross name are federally protected and registered marks of The American National Red Cross and protected under United States Code, Title 18, Section 706. All other trademarks displayed on this Service or through links to other services are the property of the respective trademark owners.

20. GENERAL.

    These Terms of Use are governed by and construed in accordance with the laws of the District of Columbia, as applied to agreements entered into and wholly performed within the District of Columbia between District of Columbia residents. Any action or proceeding brought by either party hereto shall be brought only in a court of competent jurisdiction located in the District of Columbia and the parties agree to submit to personal jurisdiction of those courts for purposes of any action or proceeding. These Terms of Use shall not be governed by the 1980 U.N. Convention on Contracts for the International Sale of Goods. These Terms of Use constitute the entire understanding and agreement between Red Cross and You with respect to the Service and any transactions contemplated in these Terms of Use, and supersede all prior or contemporaneous oral or written communications with respect to the subject matter of these Terms of Use, all of which are merged into these Terms of Use. You may not modify, amend or alter in any way these Terms of Use. In the event any provision of these Terms of Use are found invalid or unenforceable pursuant to judicial decree, the remainder of these Terms of Use will remain valid and enforceable according to its terms. Any failure by Red Cross to strictly enforce any provision of these Terms of Use will not operate as a waiver of that provision or any subsequent breach of that provision. The disclaimers and limitations of liability will survive any termination or expiration of these Terms of Use. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT IN THE EVENT ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, ALL LIMITATIONS OF LIABILITY AND EXCLUSIONS OF DAMAGES WILL REMAIN IN EFFECT.

    RED CROSS TRAINING SERVICES MOBILE/SMS TEXT MESSAGE

    1. When you opt-in to the service at time of checkout, we will send you a message asking you to confirm your signup. Text YES to 78214 to receive Red Cross Training Services Alerts. Message and data rates may apply. Message frequency varies. Text "HELP" for help. Text "STOP" to cancel.
       
       
    2. You can cancel this service at any time. Just text "STOP" to 78214. After you send the message "STOP" to us, we will send you a reply message to confirm that you have been unsubscribed. After this, you will no longer receive messages from us.
       If you want to join again, just sign up as you did the first time and we will start sending messages to you again.
        
    3. If at any time you forget what keywords are supported, just text "HELP" to 78214. After you send the message "HELP" to us, we will respond with instructions on how to use our service as well as how to unsubscribe.
        
    4. Participating carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, U.S. Cellular, Boost Mobile, MetroPCS, Virgin Mobile, Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central, IL (ECIT), Cellular One of Northeast Pennsylvania, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).
        
    5. T-Mobile is not liable for delayed or undelivered messages.
        
    6. Message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
       
       For all questions about the services provided by this short code, you can send an email to support@redcrosstraining.org or call 1-800-733-7763.
        
    7. If you have any questions regarding privacy, please read our Privacy Policy.

    Revised December 2021