Terms of Service
Red Aspen®, LLC
1575 W Overland Rd. Meridian, ID 83642
Red Aspen Terms of Service last updated August 27, 2023
Your use of this Red Aspen, LLC ("Red Aspen," "Company," "we," "our," "Our," "We," "us," or "Us.") website and/or back-office (the "Site") is subject to the following terms and conditions (the “Terms of Use”). These Terms of Use also incorporate our Privacy Policy as if set forth at length herein. The Privacy Policy is located at https://www.redaspenlove.com/home/privacy_policy.html.
Consent. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. BY USING THIS SITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THIS SITE. If you are a visitor and are not a Red Aspen Brand Ambassador or Affiliate, and you do not agree to these Terms of Use, your sole recourse is to leave the Site. If you are a Red Aspen Brand Ambassador or Affiliate and you do not agree to these Terms of Use, your sole recourse is to cancel your Red Aspen Independent Brand Ambassador Agreement or your Red Aspen Affiliate Agreement and not to use the Site. If you are a Red Aspen Brand Ambassador, violation of these Terms of Use may result in disciplinary action against your Red Aspen Business as set forth in Red Aspen's Policies and Procedures.
RED ASPEN’S SERVICES ARE NOT INTENDED FOR ANYONE UNDER THE AGE OF 13. IF YOU ARE 13 TO 17 YEARS OF AGE, YOU MAY ONLY ACCESS AND/OR USE RED ASPEN SERVICES WITH THE INVOLVEMENT AND APPROVAL OF YOUR PARENT OR GUARDIAN.
Consideration. You acknowledge that these Terms of Use are supported by reasonable and valuable consideration, the receipt and sufficiency of which are hereby acknowledged. Without limiting the generality of the foregoing, you acknowledge that such consideration includes your use of the Site and receipt of data, materials and information available at or through the Site, the possibility of our use or display of your Submissions (as defined in Paragraph 14 below) and the possibility of the publicity and promotion from our use or display of your Submissions.
Additional Terms. Note that special terms apply to some services offered on your Site, such as subscription-based services, product purchases, rules for particular contests or sweepstakes or other features or activities. These terms will be posted in connection with the applicable service. Any such terms are in addition to these Terms of Use and, in the event of a conflict, prevail over these Terms of Use.
Amendment. The Company may amend or otherwise update these Terms of Use at any time and you agree to be bound by such amendments, updates, and revisions. Amendments are effective upon posting to the Site. Amendments shall not apply retroactively to conduct that occurred prior to the effective date of the amendment. You should visit this page from time to time to review the current terms. The Company may change the Site or delete Content (as defined in Paragraph 8 below) or features of the Site at any time, in any way, for any or no reason at our discretion.
Conditions to Use the Site. Your permission to use the Site is conditioned upon your agreement that you:
will comply with these Terms of Use;
are at least 13 years of age;
will not copy or distribute any part of the Site in any manner without our prior written consent;
will not use the Site for any commercial purposes other than the specific commercial activities contained on the Site and will not use it to obtain data or personal information about any other users or to solicit other users or advertisers;
are solely responsible for any content provided by you on the Site, including but not limited to any discussion posts, profile information, links and pictures including the ownership of any licenses or rights necessary to use the work of others and will not submit any copyrighted materials or work subject to other’s proprietary rights;
agree we have the right to remove any and/or all of your content and terminate your account with or without prior notice.
Prohibited Conduct. By using the Site, you agree not to:
conduct or promote illegal activities;
attempt to reverse engineer or otherwise attempt to derive the source code of the software (including tools, methods, processes, and infrastructure);
engage in the automated use of the system, such as the use of data mining robots, or any manual process to harvest information from the Site;
attempt to gain access to secured portions of the Site;
hack into the accounts/profiles of other Users;
infringe upon the copyright of us or third parties whose content is hosted on the Site;
harass other Users of the Site;
violate the rights of other Users of the Site;
sell or otherwise transfer your account/profile without our express permission;
use the Site to generate unsolicited email advertisements or spam;
use our services as part of any effort to compete with us;
interfere in any way with the proper functioning of the Site.
Products or Services. The following terms in these Terms of Use are applicable to those who make a purchase of goods or services through the Site.
Product/Services Descriptions. We make great effort to put accurate product/service information, descriptions and images on the Site, but will not be held responsible for any mistakes or omissions to any information made available. The descriptions of products and services are subject to change at any time without notice, at our sole discretion.
Prices for our goods and services are subject to change without notice. Prices on the Site do not include delivery charges. Any delivery charges are clearly listed before checkout. We shall not be liable to you or any third party for any price change.
Prices for our goods and services are subject to change without notice. We reserve the right at any time to modify or discontinue any goods (or any part or content thereof) without notice at any time. We shall not be liable to you or any third party for any modification, suspension or discontinuance of any of our goods or services.
If required by law, tax will be collected from a user at the time of purchase.
Payment for Goods and Services. Full payment for goods and services are made upon placing an order.
Method of Payment. We accept the following methods of payment: Credit card or Debit card.
Unavailable Products. If, after purchasing and completing payment for a product, that product is unavailable, we will contact you to inquire about whether you want to wait until the product is available. If within 30 days we receive no response, you will be refunded the purchase price, including any amount paid for delivery, within 30 days. If no response is received and the product becomes available within 30 days, we will promptly ship the product to you. If an unavailable product will not be restocked, we will refund you.
We reserve the right, but are not obligated, to limit the sales of our goods and services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to discontinue any product or service at any time. Any offer for any goods or services made on this site is void where prohibited.
If you sign up for one or more subscription services through the Website, these additional terms apply.
Your license to the services is valid during the period your subscription remains in good standing and there are no outstanding subscription payments (hereinafter “Subscription Term”). To keep your Subscription Term valid and in force, you must pay all charges to your account relating to your subscriptions, including applicable taxes and fees. Unless otherwise provided, your Subscription Term is on an automatic renewal and you will be required to pay, through the payment method provided by you, for the next applicable Subscription Term at the beginning of the Subscription Term period. These charges are applied regardless of whether you continue to use the Services during the Subscription Term. YOU ARE RESPONSIBLE FOR SUBSCRIPTION FEES UNTIL YOU CANCEL YOUR SUBSCRIPTION OR IT IS OTHERWISE TERMINATED.
We may discontinue offering subscriptions and will cease charging you accordingly. We may also terminate your Subscription in our sole discretion subject to your right to a pro-rated refund of fees.
Increase in Prices. We may increase subscription fees and/or terms with 30 days’ notice to you. You may terminate your services before the increase in fees or renewal terms is put into effect. If you do not cancel, you will be charged the new rate at the time of the renewal of your Subscription Term the increased amount and/or your renewed Subscription Term will be the new applicable length.
Failed Payment for Renewal. If your payment on file is not approved on the date of the renewal of the Subscription Term, you will be allowed a period of at least three business days to provide updated payment information. If no updated information is provided after the three business-day period, we may suspend your service and terminate the Subscription. If we make a charge to your credit card and it is declined, we may, but are not obligated to make up to five more attempts to bill the card over a thirty-day period. We also reserve the right to charge your card smaller amounts in more than one transaction not to exceed the amount of the due Subscription Term payment. If you or we (through our payment service providers) update your payment method to remedy a change in validity or expiration date, we will automatically resume billing you for your subscription to the Services. We reserve the right not to reactivate an account or subscription until all past due amounts are paid.
Cancellation of your subscription is to be done according to the following: A User may cancel their subscription at any time by sending a cancellation email to hello@redaspen.com or by logging into their customer portal and selecting the cancel subscription option. After termination, you may not have access to your account or the services related to your subscription.
Intellectual Property.
All information, materials, functions and other Site content (including Submissions as defined in Paragraph 8) provided on the Site (collectively "Content"), such as text, graphics, images, etc., is our property or the property of our licensors and is protected by U.S. and international copyright laws. The collection, arrangement and assembly of all Content on the Site is the exclusive property of the Company and is protected by U.S. and international copyright laws. Except as stated herein or as otherwise provided in an express authorization from us, no material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. Any unauthorized use of any material contained on the Site is strictly prohibited.
You agree that the Site, including its code, documentation, appearance, structure and organization constitute trade secrets and/or copyrighted and/or proprietary material of Company and its licensors. The Site is protected by United States copyright, patent, trademark and other laws including international treaty provisions. You agree not to disclose, provide or otherwise make available such trade secrets, copy-righted or proprietary material in any form to any third party without the prior written consent of Company and/or its licensors, as applicable. Title to the Site, or any copy, modification, translation, partial copy, compilation, derivative work or merged portion of the Site, shall at all times remain with Company or its licensors, as applicable. You may not copy the written materials accompanying the Site. You agree to take every reasonable precaution to prevent the theft, disclosure, and the unauthorized copying, reproduction or distribution of the Site.
We, or people from whom we obtained a license, retain ownership of all intellectual property rights of any kind associated with the Site, including all applicable trademarks, copyrights and other proprietary rights such as trade secrets. Through the use of this Site pursuant to these Terms of Use, you have a limited right to use the Site, but in no way are we granting any license to you under any of those intellectual property rights. We reserve all rights that are not expressly granted to you in these Terms of Use. You may print limited numbers of one or more pages from the Website for your personal use.
We retain, to the maximum extent possible, all ownership, without limitation, of all the text, software, scripts, graphics, photos, sounds, interactive features and the trademarks, service marks and logos contained therein ("Marks") unless they are marks used by licensors who have provided them to us for use on this Site. The Marks are owned or licensed to us, subject to copyright and other intellectual property rights under the law of the United States of America, the law of the jurisdiction where you reside, and international conventions. All content on the Site provided by us is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, modified, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the Site.
Unless otherwise noted, the trademarks, service marks, trade dress, trade names, and logos (collectively "Trademarks") used and displayed on the Site are the Company's registered and unregistered Trademarks and the Trademarks of the Company's licensors. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site. Our Trademarks and those of our licensors may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. Use of our Trademarks, if allowed, must adhere to the Company's Policies and Procedures relating to Trademarks.
Product Returns. If you purchase a Red Aspen product via the Site and wish to return the product, please see our product return policy at https://www.redaspenlove.com/home/returns.html.
Use of Site and Content – License. Red Aspen grants you a limited license to access and make personal use of the Site and the Content, subject to these Terms of Use. Neither the Site nor any portion of the Site or any Content may be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose that is not expressly permitted by the Company in writing, except that where the Site is configured to enable the download of particular Content, you may download one copy of such Content to a single computer for your personal, noncommercial home use only, provided that you: (a) keep intact all copyright and other proprietary notices, (b) make no modifications to the Content, and (c) do not use the Content in a manner that suggests an association with any of our products, services, or brands. We reserve the right to refuse services, and/or cancel orders at our discretion if we believe that user conduct violates applicable laws or is harmful to our interests.
In the event that we offer downloads of software from this Site and you download such software, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively the “Software”) are licensed to you by us or third-party licensors for your personal, noncommercial home use only. We do not transfer title to the Software to you. You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form.
Links from the Site to third party web sites may be provided by the Company. If so, they are provided solely as a convenience to you. If you use such links, you will leave the Site. The Company has not reviewed all such third party sites (if any) and does not control, and is not responsible for, any of these web sites and their content. The Company does not endorse or make any representations about such web sites or any information or materials found there, or any results that may be obtained from using them. If you access any third party web sites linked from the Site, you do so at your own risk.
If you link to the Site from another website (which includes, but is not limited to, social media sites), the following restrictions apply to the site from which you link and the link itself:
The site/link shall not imply, either directly or indirectly, that Red Aspen is endorsing its products, services, mission, beliefs, or any other aspect of the site or those sponsoring the site;
You must comply with the provisions of Paragraph 18 (Rules of Conduct);
The site/link shall not use any of the Company's Trademarks or the Trademarks of our licensors;
The site/link shall not contain content or material that could be construed as offensive, controversial or distasteful and should only contain content that is appropriate for all age groups;
The site/link shall not disparage Red Aspen, its officers, agents, employees, products, or services in any way or otherwise negatively affect or harm its/their reputation and goodwill;
The site/link from which you link shall not present false or misleading information about the Company or the Red Aspen opportunity;
The site/link shall not misrepresent any relationship with Red Aspen;
The site/link shall not replicate in any manner any content in the Site; and
The site/link shall not create a browser or border environment around Site material.
Claim of Copyright Infringement. We respect the intellectual property rights of others. If you believe that your copyrighted property has been copied in any way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our copyright agent with the information specified below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed. To be effective, the notification must be a written communication that includes the following:
A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed, or if multiple copyrighted works are covered by a single notification, a list of such works;
The exact URL or description reasonably sufficient to permit us to locate where the alleged infringing material is located on the Site;
Your name, 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 by the law; and
A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for notice of claims of copyright infringement on this Site can be reached at copyright@xxxx.com.
For purposes of these Terms of Use, the word "Submissions" means text, content, advertisements, promotional material, graphics, audios, text, messages, ideas, concepts, suggestions, artwork, photographs, drawings, videos, audiovisual works, your and/or other persons' names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and/or other similar materials that you submit, post, upload, embed, display, communicate, advertise, or otherwise distribute on or through the Site.
Red Aspen is pleased to receive your comments, suggestions, and Submissions regarding the Site, our products and services, and our opportunity. If you transmit to Red Aspen, post, or upload any Submissions to or through the Site, you grant the Company and its affiliates a non-exclusive, royalty-free, perpetual and irrevocable right to use, reproduce, modify, adapt, publish, translate, distribute and incorporate such Submissions and the names identified on the Submissions throughout the world in any media for any and all commercial and non-commercial purposes. By communicating a Submission to the Company, you represent and warrant that the Submission and your communication thereof conform to the Rules of Conduct set forth in Paragraph 11 below and all other requirements of these Terms of Use and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize us to exploit, such Submission in all manners contemplated by these Terms of Use.
Some services on the Site permit or require you to create an account to participate in or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph. You also agree to promptly notify the Company of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the Site.
If you have such an account, you agree that we may suspend or terminate your account and your ability to use the Site or any portion thereof for failure to comply with these Terms of Use or any special items related to a particular service, for infringing copyright, or for any other reason whatsoever.
Text Message Service. If you sign up for our text messaging service or programs, , you agree to our Messaging Terms - https://terms.pscr.pt/legal/shop/red-aspen-online/terms_of_service and Messaging Privacy Policy - https://terms.pscr.pt/legal/shop/red-aspen-online/privacy_policy.
Public Forums and Communication. "Public Forum" means an area or feature offered as part of the Site that offers the opportunity for users to distribute Submissions for viewing by one or more Site users, including, but not limited to, a chat area, message board, instant messaging, mobile messaging, social community environment, profile page, conversation page, blog, or e-mail function. You acknowledge that Public Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any Submission to a Public Forum. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk. You are and shall remain solely responsible for the Submissions you distribute on or through the Site under your username or otherwise by you in any Public Forum and for the consequences of submitting and posting the same. We have no duty to monitor any Public Forum. You should be skeptical about information provided by others, and you acknowledge that the use of any Submission posted in any Public Forum is at your own risk. Red Aspen is not responsible for, and does not endorse, the opinions, advice or recommendations posted or sent by users in any Public Forum, and the Company specifically disclaims any and all liability in connection therewith. We owe you no obligation, and therefore may refuse to post, deliver, remove, modify or otherwise use or take any action with respect to any Submissions that you make to the Site.
Rules of Conduct. The following Rules of Conduct apply to the Site. You agree that you will not upload, post, or otherwise distribute, or link to or from the Site any Submission, Content, or material that:
Directly or indirectly promotes or advertises any non-Red Aspen business opportunity;
(a) Is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is profane, violent, vulgar, obscene, pornographic, or otherwise sexually explicit; (d) otherwise harms or can reasonably be expected to harm any person or entity; (e) is libelous, slanderous, defamatory, or violates the law.
Is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a Submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug use, harassment, theft, or conspiracy to commit any criminal activity;
Infringes or violates any right of a third party including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation;
Is commercial, business related or advertises or offers to sell any products or services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
Contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Site or any connected network, or otherwise interferes with any person or entity's use or enjoyment of the Site;
(a) Does not generally pertain to the designated topic or theme of the relevant Public Forum; (b) Violates any specific restrictions applicable to a Public Forum, including its age restrictions and procedures; or (c) Is antisocial, disruptive, or destructive, including "flaming", "spamming", "flooding", "trolling", and "griefing", as those terms are commonly understood and used on the Internet;
Violates Red Aspen's Policies and Procedures.
We cannot and do not assure that other users are or will be complying with the foregoing Rules of Conduct or any other provisions of the Agreement, and, as between you and Red Aspen, you hereby assume all risk of harm or injury resulting from any such lack of compliance. Because any activities that occur under your username and/or login ID are your responsibility it is important for you to keep your information secure. Notify the Company immediately if you believe that someone has used your username or login ID without your authorization.
Removal of Submissions. Red Aspen reserves the right, but disclaims any obligation or responsibility, to (a) refuse to post, or remove, any Submission from the Site that violates these Terms of Use; and (b) identify any user to third parties; and/or (c) disclose to third parties any Submission or personally identifiable information when we believe in good faith that such identification or disclosure will either: (i) facilitate compliance with laws, including but not limited to, compliance with a court order or subpoena, or (ii) help to enforce the Agreement and/or protect the safety or security of any person or property, including the Site. Moreover, we retain all rights to remove Submissions at any time for any reason or no reason whatsoever.
Red Aspen may suspend or terminate your ability to use the Site, or any portion of the Site, for failure to comply with these Terms of Use, for breach of your Independent Brand Ambassador Agreement, or as the Company deems necessary to protect its business or intellectual property interests. We reserve the right to alter or discontinue the Site or any of the products or services provided herein at any time without prior notice. We also reserve the right to terminate these Terms of Use at our election and for any reason, without prior notice. The agreement between us and you will automatically terminate if, in our sole discretion, you violate any of These Terms of Use. Termination will result in the immediate cessation of access to the Site. The Disclaimers of Warranty and Limitation of Liability, and Indemnity sections shall survive the termination of the agreement between you and us.
The Site is intended for viewing and use in the United States and countries that the Company has designated are officially open for business. You shall not use the Site to conduct business or sales in any country that the Company has not announced is officially open for business.
Red Aspen respects your privacy and the privacy of other visitors to the Site. To learn about our privacy practices and policies, please see our Privacy Policy at https://www.redaspenlove.com/home/privacy_policy.html.
Disclaimer of Warranties. ALL CONTENT INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE "CONTENT") IS PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY, AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE CONTENT IS ACCURATE, ERROR-FREE, RELIABLE OR CORRECT, THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST THE COMPANY WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION). THE COMPANY MAY IMPROVE OR CHANGE THE PRODUCTS AND SERVICES DESCRIBED IN THIS SITE AT ANY TIME WITHOUT NOTICE. RED ASPEN ASSUMES NO RESPONSIBILITY, AND DISCLAIM ALL LIABILITY, FOR ANY ERRORS OR OMISSIONS IN THIS SITE OR IN OTHER DOCUMENTS WHICH ARE REFERRED TO WITHIN OR LINKED TO THIS SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liabilities. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL THE COMPANY, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, CONSULTANTS, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, THIS SITE OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY OTHER USER OF THE SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE COMPANY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE SITE. MOREOVER, UNDER NO CIRCUMSTANCES SHALL THE COMPANY, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, CONSULTANTS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.
RED ASPEN MAY TERMINATE YOUR FURTHER ACCESS TO THE SITE OR CHANGE THE SITE OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. In connection with the foregoing release, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “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.”
Without the prior written consent of Company, you may not: (a) transfer, assign, rent, use, copy or modify the Site or the web pages created through the Site, in whole or in part, except as expressly permitted in this Agreement; (b) decompile, reverse assemble or otherwise reverse engineer the Site, except to the extent the foregoing restriction is expressly prohibited under applicable law; (c) reproduce, disclose, market, lease, transfer, distribute or revise the Site or the associated web pages; (d) distribute any executable versions of the Site to third parties or use such executables in excess of the limitations set forth above; (e) use the Site to provide facility management, service bureau or other access or use of the program for the benefit of third parties; (f) You will not remove, alter or destroy any copyright notices, proprietary legends or other indicia of ownership.
Interactive Medium. To the extent the Site contains features by which users may interact with Red Aspen or other users (the “Interactive Medium”), such features shall not be used for any commercial purposes. You will not submit any material to solicit funds or to promote, advertise, or solicit the sale of any other goods, services, businesses or business opportunities. You are expressly prohibited from soliciting other guests of the Site Interactive Medium to become members of any network marketing company or business opportunity.
Any information or material submitted by you to the Company through the Interactive Medium will be deemed non-proprietary and non-confidential, and may be used by Company without restriction. Without limiting the foregoing, by offering any information or material through the Company Site (e.g., through chat, bulletin boards, e-mail, contests or otherwise), you grant to Company the worldwide, perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, edit, publish, make derivative works from and distribute such information or materials in any and all forms and media, now or hereafter discovered. Notwithstanding the foregoing, all personal data (e.g., name, address and telephone number) provided to Company will be handled in accordance with Company's Security and Privacy Statement. Company reserves the right, in its sole discretion, to edit any submission, and to choose to include or not include such submission in the Interactive Medium. The Interactive Medium includes the opinions, statements and other content of third parties. We are not responsible for screening, monitoring or verifying such content, including such content's accuracy, reliability or compliance with copyright or other laws. Any opinions, statements or other content expressed by third parties are those of such third parties and not of Company. Company does not endorse any such opinion, statement or other material posted on or accessible through the Interactive Medium.
Dispute Resolution. This Agreement is governed by the laws of the State of Idaho. The offer extended by this Agreement, and any acceptance of its terms, shall occur in County, State of Idaho. Any dispute arising from or relating to these Terms of Use shall be brought in the courts of the State of Idaho residing in Ada County. The parties stipulate to exclusive jurisdiction before such court and further stipulate that venue is proper before such court. Each party to a dispute arising from or relating to this privacy policy shall bear his/her/its own attorney's fees, costs, and expenses.
If a visitor to this site wishes to bring an action for the breach of this Agreement, he/she shall do so on an individual basis. Visitors waive all rights to bring an action on a class or consolidated basis. If a Brand Ambassador combines claims under these Terms of Use with any claim that is covered by the dispute resolution provisions in Red Aspen's Policies and Procedures that are applicable to Brand Ambassadors, the dispute resolution provisions of the Red Aspen Policies and Procedures shall be applied in lieu of this dispute resolution provision.
Confidential Information. "Confidential Information" includes, but is not limited to, information about Independent Brand Ambassadors and Customers that is contained in or derived from the Site and/or any reports issued by Red Aspen to Brand Ambassadors to assist them in operating and managing their Red Aspen business which are posted or made available on the Site. This Confidential Information constitutes proprietary business trade secrets belonging exclusively to Red Aspen and is provided to Independent Brand Ambassadors in strict confidence. Confidential Information shall not be directly or indirectly disclosed to any third party nor used for any purpose other than Independent Brand Ambassador's use in building and managing his/her Independent Red Aspen business.
Site Availability. Red Aspen does not guarantee that the Site will be free from interruption. The Site may be subject to shutdown from time to time for maintenance, technical issues, and/or causes beyond Red Aspen's control. You agree that Red Aspen shall have no liability for any loss caused by any shutdown or interruption.
You agree to defend, indemnify and hold harmless us, our officers, directors, representatives, employees and agents and all of our parent companies, affiliates, related companies and their officers, directors, representatives, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney's fees) arising from: (i) your violation of any term of these Terms of Use; or (ii) your violation of any third party right, including without limitation any copyright, property, privacy right, or any and all intangible or intellectual property rights.
General Provisions.
If User no longer agrees to be bound by these Terms and Conditions, User must cease use of this Web site. If User is dissatisfied with this Web site, its content, or any of these terms, conditions, and policies, User's sole legal remedy is to discontinue using this Web site. Red Aspen reserves the right to terminate or suspend your access to and use of this site, or parts of this site, without notice, if we believe, in our sole discretion, that such use is (i) in violation of any applicable law; (ii) is harmful to our interests or the interests, including intellectual property or other rights, of another person or entity; or (iii) Red Aspen has reason to believe that User is in violation of these Terms and Conditions of Use.
We make no representations that the Content on the Site is appropriate or available for use in any particular location. Those who choose to access the Site do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws.
If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
No waiver of any provision of these Terms of Use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
There are no third-party beneficiaries of these Terms of Use. You may not assign these Terms of Use or your rights and obligations hereunder, in whole or in part, to any third party without our prior written consent, and any attempt by you to do so will be invalid. No one shall be deemed a third-party beneficiary to these Terms of Use.
Supply of goods, services and software through the Site is subject to United States export control and economic sanctions requirements. By acquiring any such items through the Site, you represent and warrant that your acquisition comports with and your use of the item will comport with those requirements. Without limiting the foregoing, you may not acquire goods, services or software through the Site if: (a) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan or Syria or if you are on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Commerce Department's Denied Persons List, Unverified List or Entity List, or (b) you intend to supply the acquired goods, services or software to Cuba, Iran, North Korea, Sudan or Syria (or a national or resident of one of these countries) or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List or Entity List.
Contacting Us. You may contact us regarding these Terms of Use or the Site by email (hello@redaspen.com) or mail (Red Aspen, 989 S Industry Way, Suite #102, Meridian, ID 83642).
Privacy Policy
Red Aspen®, LLC
1575 W Overland Rd. Meridian, ID 83642
Red Aspen Privacy Policy last updated August 27, 2023
Red Aspen, LLC (referred to herein as “Red Aspen”, “our”, “us” or “we”) is committed to respecting the privacy rights of those visiting our websites, including the Red Aspen website (at https://redaspenlove.com), our Independent Brand Ambassadors’ and Affiliates’ Replicated websites and our mobile applications (hereafter collectively referred to as the “Site”). We created this Privacy Policy to give you confidence as you visit and use the Site, and to demonstrate our commitment to fair information practices and to the protection of privacy.
This Privacy Policy is only applicable to the Site and not to any Third-Party websites that may link to or from this Site, which may have data collection, storage and use practices and policies that differ materially from this Privacy Policy. For additional information, see the section concerning Third-Party Websites, below.
The Site is located in United States and is subject to U.S. laws. If you are outside of the United States, your use of the Site constitutes consent to the transmission of personal information to the United States. If your use of the Site is against the laws of your jurisdiction, it is your responsibility to refrain from the use of the Site.
BY USING THE WEBSITE, YOU REPRESENT AND WARRANT THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO THE TERMS OF, THIS PRIVACY POLICY. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO BE BOUND BY THIS PRIVACY POLICY, YOU MUST IMMEDIATELY LEAVE THE WEBSITE.
Each time you use the Site, the then-current version of this Privacy Policy will apply. Accordingly, each time you use the Site you should check the date of this Privacy Policy (which appears at the beginning) and review any changes since the last time you visited the Site. For additional information, see the section concerning Updates and Changes to Privacy Policy, below.
Children’s Privacy
Red Aspen is committed to the safety of our children. The Site is intended for a general audience and is not designed or intended for use by or targeted to children younger than the age of 16. We do not knowingly collect personal information from children younger than the age of 16. However, in all cases, if you are younger than the age of 18, you may use the Site (and any related services or features) only with the consent and supervision of a parent or guardian. Persons under the age of 18 may not enroll as Red Aspen Independent Brand Ambassadors or Affiliates or register as customers. We do not solicit or knowingly collect personally identifiable information from children under the age of 16. If we obtain actual knowledge that we have collected personally identifiable information from a child under the age of 16, we will immediately delete such information from our database. Because we do not collect personally identifiable information from children under the age of 16, we have no such information to use or disclose to third parties.
Information Collection
Red Aspen is the sole owner of the Site. We collect information from Brand Ambassadors, Affiliates, customers, and visitors to the Site at different points on the Site.
Traffic Data. Like most website operators, Red Aspen automatically gathers device and usage information of the sort that browsers automatically make available, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use the Site, and other technical information (collectively “Traffic Data”). Traffic Data is anonymous information that does not personally identify you and is primarily needed to maintain the security and operation of the Site, and for our internal analytics and reporting purposes.
Cookies. Cookies are small pieces of information that a website stores on a user's hard drive, and that the user's browser provides to the website each time the user submits a query to the website. The purpose of a Cookie is to identify the user as a unique user of the Site. The Site uses Cookies to customize your experience on the Site to your interests, to ensure that you do not see the same informational messages repeatedly, and to store your username so you do not have to re-enter it each time you visit the Site. For information on Red Aspen's uses of Cookies, see the section concerning Information Use and Disclosure Practices/Traffic Data and Information Gathered Using Cookies, below.
Types of Cookies. We use the following types of Cookies for the following purposes:
Session ID Cookies. We use session ID cookies to make it easier for you to navigate the site. A session ID cookie expires when you close your browser.
Persistent Cookies. We set a persistent cookie to store your valid login, so you do not have to login more than once. Persistent cookies also enable us to track and target the interests of our users to enhance the experience on the site. A persistent cookie remains on your hard drive for an extended period of time. You can remove persistent cookies by following directions provided in your Internet browser’s “help” file.
Functional cookies to remember choices that you have made or information you have provided, like username, language, or region.
Performance cookies that gather information for statistical purposes.
Advertising cookies to tailor marketing to you and your interests and provide you with more personalized services in the future.
Social and content cookies (for example the Facebook “like” button).
Store functioning cookies.
Reporting and analytics cookies.
Third Party Cookies. We may allow third parties to use Cookies on the Site, but we do not control the use or contents of third-party Cookies. Such third-party cookies may include:
Ad Services. In the course of providing advertisement services, third parties such as the following utilize cookies on the Site: Microsoft Advertising, Drift, Facebook Custom Audiences, Google, Hubspot, Intercom, Marketo, Outbrain, Quora, Reddit, SourceKnowledge.
Data Providers. We use third-party data provider cookies in connection with the Site. The following third parties utilize data provider cookies on the Site: Shopify Analytics, Google Analytics, Cloudfare, Alexa Metrics, Bizible, Chartbeat, Crazy Egg, Datadog RUM, DC Analytics, Facebook Pixel, Fullstory, Google Tag Manager, Hotjar, iSpot, KissInsights, LinkedIn Insight Tag, New Relic, Optimizely, Pinterest Analytics, Segment, Snapchat, Taboola, Tealium, TikTok, Twitter, Yelp Audience Platform.
Analytics. We use third-party analytics cookies to gain insight into how our visitors use the Webiste. Third parties such as Google Analytics utilize cookies on the Site for analytics.
Opting Out of Cookies. If you do not wish to have cookies placed on your computer, you should set your browser to refuse cookies before accessing the website, with the understanding that certain of the services and certain features of the website may not function properly without the aid of cookies. If you refuse cookies, you assume all responsibility for any resulting loss of functionality. To learn more about cookies and how to manage them, go to https://allaboutcookies.org/.
Personal Information. Through your use of or visits to the Site, you may be required or requested to provide personally identifiable information (hereafter “Personal Information”) to us. Personal Information is any piece of information which can potentially be used to uniquely identify, contact, or locate a single person. The personal information that we collect depends on the context of your interactions with the Site, the choices you make, and the products and features you use. The personal information we collect may include the following:
Names
Mailing Addresses
Email Addresses
Telephone Numbers
Usernames
Account Passwords
Contact Preferences
Contact or Authentication Data
Geolocation Information
Billing Addresses
Credit/Debit Card Information
Billing Information
Bank Account Information
Information associated with other accounts belonging to a user
Sensitive Information as described below
All Personal Information that you provide to us must be true, complete, and accurate, and you must notify us of any changes to such Personal Information. You are under no obligation to provide Personal Information to us, with the caveat that your refusal to do so may prevent you from using certain of the features and services available on the Site or from purchasing some or all of our products or enrolling as a Brand Ambassador or Affiliate.
Sensitive Information. When necessary, with your consent or as otherwise permitted by applicable law, we process the following categories of sensitive information:
Credit/Debit Card Information. Credit/Debit card information collected at registration or for shopping cart orders is used only to process payment for purchases. Credit card information is retained by us in order to facilitate subscription purchases. In addition, users may elect to store their credit card information in order to pay for future product orders and recurring fees. To protect your Personal Information, we take reasonable precautions and follow industry best practices to make sure your credit card information is not inappropriately lost, misused, accessed, disclosed, altered or destroyed. Although no method of transmission over the Internet or electronic storage is 100% secure, we implement additional generally accepted industry standards. All payment data is stored by Shopify International. You may find their privacy notice at https://www.shopify.com/legal/privacy.
Information that you make Public. The Site may contain features (e.g., public profiles, forums, and message boards) that permit you to upload, post, transmit, display, perform or distribute content, information or other material, including some of your Personal Information. Any information that you choose to disclose by means of such features becomes public information over which Red Aspen is unable to exercise control. You should exercise caution when deciding to disclose your Personal Information by means of such features, and you agree to assume all responsibility for doing so.
Information Obtained from Third Party Sources
We may supplement the Personal Information that a user provides to us with additional Personal Information gathered from public sources or from third parties (e.g., consumer reporting agencies) who may lawfully provide such information to us. We may receive information about you such as contact information and demographics information from other sources. In addition, we may combine information you give us with information from these sources. The types of information and sources of such information include without limitation the following categories:
Vendors. We may receive contact information and demographic information that you provide to or through our vendors, such as through our email and text message campaigns.
Your Red Aspen Brand Ambassador (if applicable). Information such as account or demographic information that is submitted by your Red Aspen Brand Ambassador on your behalf.
Payment Service Providers. Payment information such as updated credit card number and expiration dates from your bank or credit card company which we use to keep our records current and service you better.
Delivery Service Providers. Delivery details such as updated delivery, contact information, and address information from our carriers or other third parties which we use to keep our records current, process orders, deliver your next purchase, and service you better.
Social Media Services. Information that you publicly post on our and your social media pages (e.g., our Facebook®, Instagram®, and Twitter® pages), such as your contact and demographic information, such as likes, interests, preferences, comments, suggestions, and opinions, general feedback, and content.
Other Third-Party Sources (Including Data Aggregators and Public Databases). Transactional data from third party purchases; contact information, demographics information, including profile data; information about products or services purchased from other companies.
Information Use and Disclosure Practices
Traffic Data and Information Gathered Using Cookies. Red Aspen analyzes Traffic Data and information gathered using Cookies to help Red Aspen better understand who is using the Site and how they are using it. By identifying patterns and trends in usage, Red Aspen is able to better design the Site to improve your experience, and to serve you more relevant and interesting content. From time to time, Red Aspen may release Traffic Data and information gathered using Cookies in the aggregate, such as by publishing a report on trends in the usage of the Site. Red Aspen does not attempt to link information gathered using Cookies to Personal Information.
Personal Information. Personal Information is used and disclosed as described in this Privacy Policy. In general, we use your Personal Information to:
Process your orders;
Communicate with you regarding your orders, your account, the use of our products or services, or otherwise provide customer service;
Maintain your account and keep track of any purchases made by you;
Authenticate your account credentials and identify you to log in to the Site;
Personalize your experience on the Site;
Send you marketing communications about services and products offered by us and our affiliated companies, as permitted by law;
Improve the Site, your personal information may be analyzed to search for patterns which may help improve the overall Site experience;
Improve the customer service we provide, your personal information may be used for review and quality control purposes;
Authenticate your credit or debit card account information;
Create de-identified personal information to be used by us; and
Use for any other reason you consent to.
Except as specifically set forth in this Privacy Policy, Red Aspen DOES NOT share Personal Information. Red Aspen may share aggregated information from time to time with its partners, vendors or other third parties. When such aggregate information is shared by Red Aspen, it is deidentified and no Personal Information is shared.
Disclosure Practices. Except under the following circumstances and otherwise as set forth in this Privacy Policy, Red Aspen will keep your Personal Information private and will not sell it to or share it with third parties.
Disclosure in Connection with Services. Red Aspen discloses Personal Information to those who help it provide Services, including those who perform technical, administrative and data processing tasks such as hosting, billing, fulfillment, and data storage and security.
By Law or to Protect Rights. Red Aspen discloses Personal Information when required to do so by law, or in response to a subpoena or court order, or when Red Aspen believes in its sole discretion that disclosure is reasonably necessary to protect the property or rights of Red Aspen, third parties or the public at large.
Legally Required Law Enforcement, Judicial and Administrative Agency Disclosures. Red Aspen will provide confidential and personally identifiable information as necessary to comply with judicial and administrative orders, subpoenas, Civil or Criminal Investigative Demands, Administrative and Regulatory Demands and other legal obligations. In order for Red Aspen to conduct business in certain jurisdictions, Red Aspen must disclose certain personally identifiable and confidential information to regulatory authorities in such jurisdictions. Such information may include, but is not limited to, income information and personally identifiable information.
Business Transfers; Bankruptcy. Red Aspen reserves the right to transfer all Personal Information in its possession to a successor organization in the event of a merger, acquisition, or bankruptcy or other sale of all or a portion of Red Aspen’s Other than to the extent ordered by a bankruptcy or other court, the use and disclosure of all transferred Personal Information will be subject to this Privacy Policy, or to a new privacy policy if you are given notice of that new privacy policy and an opportunity to affirmatively opt-out of it. Personal Information submitted or collected after a transfer, however, may be subject to a new privacy policy adopted by Red Aspen’s successor organization.
Unpaid Accounts. If you fail to pay any balance owed to Red Aspen, we may, as permitted by law, report your Personal Information, including without limitation your unpaid balance, to consumer credit reporting services, collection agencies and others.
Invite a Friend. When you invite family or friends to join the Red Aspen network or to attend a Red Aspen home party, Red Aspen will send an email on your behalf to the indicated recipient. Your name and email address will appear in the “From” line of such email.
Lead Assignment and Brand Ambassador Locator Features. Red Aspen occasionally will assign prospective sales and prospective customer and Brand Ambassador leads to Brand Ambassadors. In these cases, we will provide the prospective customer or Brand Ambassador with the appropriate Brand Ambassador’s name and contact information and/or provide a Brand Ambassador with the prospective customer’s or Brand Ambassador’s name and contact information.
Downline Activity/Genealogy Reports. As a network marketing company, Red Aspen provides certain information to Brand Ambassadors regarding other Brand Ambassadors and customers enrolled in a Brand Ambassador’s downline marketing organization (sales team). To help Brand Ambassador in Red Aspen’s network marketing program manage their independent businesses, we provide our Brand Ambassadors with some of the Personal Information of the other Brand Ambassadors and customers whom they have personally sponsored/enrolled as well as other Brand Ambassadors who are on their marketing teams. If you enroll as a Brand Ambassador or register as a Red Aspen customer, your name, address, telephone number, and email address, as well as data relating to your sales, purchases, and recruitment activity will be disclosed to the Brand Ambassador who sponsored you and to other Brand Ambassadors who are upline to you and your sponsoring Brand Ambassador. No other Personal Information will be shared with Brand Ambassadors. Such information is shared via the Brand Ambassador Back-Office. Information relating to downline Brand Ambassadors is made available to Brand Ambassadors subject to a confidentiality and non-solicitation covenant in the agreement that each Brand Ambassador enters into with Red Aspen. However, Red Aspen does not warrant that other Brand Ambassadors will adhere to the confidentiality and non-solicitation covenants, and Red Aspen shall not be responsible for Brand Ambassadors’ violation of these covenants. By enrolling as a Brand Ambassador or registering as a Red Aspen customer, you consent to the disclosure of your Personal Information as described in this paragraph.
It may become necessary to conduct surveys of our customers or Brand Ambassadors. Should we deem it necessary to conduct a survey, we may outsource the survey to a third party. We will provide the third-party survey company with your Personal Information as is necessary for the third-party survey company to conduct the survey and to those third parties whom we engage to review and analyze the results of the survey. We will not provide your social security number, credit card or banking information to the survey provider.
Retention of Personal Information
Unless there is something in this Policy to the contrary, we may retain your Personal Information for as long as your account is active and for a period of time thereafter to allow you to re-activate your account without loss of information. We may also retain your Personal Information as necessary to comply with legal requirements and obligations, defend our rights, resolve conflicts, improve the Site, address complaints, and enforce contracts.
Electronic Communications
Consistent with this Privacy Policy and as is permitted by applicable law, we may communicate with you via electronic messages, including email. We receive notice when you open an email or click a link within a marketing email.
Online Advertising
We may display advertising on the Site and partner with third parties to manage advertising on other websites for our products and services. We may also partner with third parties, including business partners, advertising networks, and other advertising service providers, who gather information about you on the Site and other websites to provide you with advertisements on the Site and elsewhere online based on your browsing history and tailored to your interests, preferences, and characteristics. Cookies or other similar technologies may be used to provide you with advertising based upon your browsing activities and interests. We are not responsible for the privacy practices of these third parties, and the information practices of these third parties are not covered by this Policy.
Some third parties collect information about users of the Site to provide interest-based advertising on the Site and elsewhere, including across browsers and devices. These third parties may use the information they collect on the Site to make predictions about your interests in order to provide you with ads (from us and other companies) across the Internet. Some of these third parties may participate in industry-developed programs designed to provide consumers with choices about whether to receive targeted advertising. Due to differences between using apps and websites on mobile devices, you may need to take additional steps to disable targeted ad technologies in mobile apps. Many mobile devices allow you to opt out of targeted advertising for mobile apps using the settings within the mobile app or your mobile device. For more information, please check your mobile settings. You also may uninstall our apps using the standard uninstall process available on your mobile device or app marketplace.
To opt out of interest-based advertising across browsers and devices from companies that participate in the Digital Advertising Alliance or Network Advertising Initiative opt-out programs, please visit the websites operated by the Network Advertising Initiative (http://www.networkadvertising.org/choices/) and the Digital Advertising Alliance (http://www.aboutads.info/choices/). You may also be able to opt out of interest-based advertising through the settings within the mobile app or your mobile device, but your opt-out choice may apply only to the browser or device you are using when you opt out, so you should opt out on each of your browsers and devices if you want to disable all cross-device linking for interest-based advertising. Please note that even if you use an industry-based opt-out for interest-based advertising, you will continue to receive generic advertisements and your experience on the Site may be degraded.
Miscellaneous
Dispute Resolution. This privacy policy is governed by the laws of the State of Idaho. The offer extended by this Agreement, and any acceptance of its terms, shall occur in Ada County, State of Idaho. Any dispute arising from or relating to this privacy policy shall be brought in the courts of the State of Idaho residing in Ada County. Each party to a dispute arising from or relating to this privacy policy shall bear his/her/its own attorney’s fees, costs, and expenses. If a visitor to the Site wishes to bring an action for the breach of this privacy policy, he/she shall do so on an individual basis. Visitors waive all rights to bring an action on a class or consolidated basis. If a visitor to the Site is also a Brand Ambassador or Affiliate and combines claims under this privacy policy with claims that are subject to the Red Aspen Brand Ambassador Agreement or Affiliate Agreement, the dispute resolution provisions of the Brand Ambassador Agreement or Affiliate Agreement shall govern.
Links. The Site may contain links to other websites. Please be aware that Red Aspen is not responsible for the privacy practices of such other websites. We encourage users to be aware when they leave the Site and to read the privacy statements of each and every website that collects Personal Information. This privacy statement applies solely to information collected by the Site.
Text Message Service. If you sign up for our text messaging service or programs, , you agree to our Messaging Terms (https://terms.pscr.pt/legal/shop/red-aspen-online/terms_of_service) and Messaging Privacy Policy (https://terms.pscr.pt/legal/shop/red-aspen-online/privacy_policy).
Security. Red Aspen has implemented and maintains reasonable security procedures and practices to protect against the unauthorized access, use, modification, destruction, or disclosure of your Personal Information.
Do-Not-Track Requests. “Do-Not-Track” is a web browser setting that sends a signal instructing a website not to track a user. The Site does not have a mechanism to respond to “Do-Not-Track” requests.
Lost or Stolen Information. You must promptly notify us if your credit, banking, other financial information, username, or password is lost, stolen, or used without permission. In such an event, we will remove that credit card number, bank account information, other financial institution information, username, or password from your account.
Promotional Activities. From time to time, Red Aspen may conduct contests, giveaways, and other promotions (collectively, “Promotional Activities”). Any information submitted in connection with Promotional Activities will be treated in accordance with this Privacy Policy. From time to time, Red Aspen may also ask you to participate in surveys designed to help Red Aspen improve the Site, its products, services, or the Red Aspen network marketing program. Any Personal Information provided to Red Aspen in connection with any survey will be used only in relation to that survey and will be disclosed to third parties not bound by this Privacy Policy only in aggregated form.
Changes to this Privacy Policy. Red Aspen reserves the right to amend or change this Privacy Policy at any time at its sole discretion. It is your responsibility to periodically access this Privacy Policy by clicking on the Privacy Policy link at our home page. You can determine the date this Privacy Policy was last updated by referring to the effective date found at the end of the policy. When material changes or amendments are made to the Privacy Policy, we will announce the same at our home page for a period of 30 days following implementation of the amended Privacy Policy.
Making Changes to Your Personal Information. Brand Ambassadors, Affiliates, and registered customers may update their Personal Information as necessary by logging into their Red Aspen online Back Offices or accounts, which allows them to access and edit their registration account information. In addition, Brand Ambassadors, Affiliates, and Registered Customers may contact us at hello@redaspen.com to update their profiles.
Online Privacy Policy Only. Except as may otherwise be provided herein, this Privacy Policy applies only to information collected through the Site. It does not apply to information collected offline.
Questions. Questions regarding this Privacy Policy should be directed to hello@redaspen.com.
Supplemental Privacy Notice for California Residents. The following applies solely to California residents.
Effective: August 27, 2023.
Last Revised: August 27, 2023.
Shine the Light.
Residents of the State of California (under California Civil Code Section 1798.83) have the right to request and obtain from us once per calendar year information, if any, regarding their Personal Information as defined in California Civil Code Section 1798.83 that we have shared with third parties during the preceding year for such third parties’ direct marketing purposes. The information will include (1) a list of the categories of Personal Information described in California Civil Code section 1798.83(e)(6) that were disclosed in during the preceding calendar year, if any, and (2) the names and addresses of all third parties with whom we shared any such personal information about you during the preceding calendar year (if the nature of such a third party’s business cannot reasonably be determined from the third party’s name, a description of the nature of the third party’s business or examples of products and services that the third party marketed). To make such a request, please email us at hello@redaspen.com. You must include the name of this Site and “California Resident” as the subject line, and your full name, email address, and postal address in your message. Please note that any request under this paragraph will be limited to our use and disclosure of your personal information.
California Consumer Privacy Act Notice.
If you are a California resident, you may have certain rights under the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020, and any implementing regulations adopted thereunder (collectively, the “CCPA”) as described below. Terms (including defined capitalized terms) used in this California Consumer Privacy Act Notice have the same meanings given in the CCPA and the associated regulations, unless otherwise defined herein.
Notice of Collection and Use of Personal Information
We may collect (and may have collected during the 12-month period prior to the effective date of this Supplemental Privacy Notice) the following categories of personal information about you:
Identifiers: identifiers such as name, date and place of birth, permanent residence, home and business addresses, email address, telephone numbers, unique personal identifiers, online identifiers, Red Aspen Brand Ambassador ID, Red Aspen Customer ID, Red Aspen Independent Affiliate ID, account name, signature, Social Security number, tax ID number, Internet Protocol address, and driver’s license, state identification card, or passport numbers.
Protected Classifications: characteristics of protected classifications under California or federal law, such as race, national origin, age, sex, or gender.
Financial Information: bank account number, credit card number, debit card number, and similar banking information
Commercial Information: commercial information such as transaction data, products or services purchased, obtained or considered, and other purchasing or consuming histories or tendencies.
Health and Medical Information: information that you voluntarily provide in response to surveys or questionnaires, including physical characteristics or descriptions, and other data related to your body, diet, activities, or physiology.
Biometric Information: biometric information such as facial geometry.
Online Activity: Internet or other electronic network activity information, such as browsing history, search history or information regarding your interaction with websites, applications or advertisements.
Geolocation Data: general location and precise GPS location.
Sensory information: audio, electronic, visual and similar information, such as audio recordings if you call our customer service, or recorded presentations in which you participate; photographs taken at Company functions or events; audio, electronic, visual, thermal, olfactory, or other similar information from your voluntary participation in any sensory testing of Red Aspen products.
Professional or Education information.
Inferences: inferences drawn from any of the information identified above, such as individual profiles, preferences, characteristics, or behaviors.
We may use (and may have used during the 12-month period prior to the effective date of this Supplemental Privacy Notice) the categories of personal information listed above for the purposes described in our Privacy Policy, and for the following business or commercial purposes (as those terms are defined in applicable law):
Our or our service provider’s operational purposes;
Auditing related to counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance;
Helping to ensure security and integrity (such as detecting, protecting against, and prosecuting security incidents and fraudulent or illegal activity);
Debugging to identify and repair errors that impair existing intended functionality;
Short-term, transient use, including, but not limited to, non-personalized advertising shown as part of your current interaction with us;
Providing advertising and marketing services;
Performing services, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing analytics services, providing storage or providing similar services;
Undertaking internal research for technological development and demonstration;
Undertaking activities to verify or maintain the quality or safety of a service or device or to improve, upgrade or enhance the services or devices;
Other uses that advance our commercial or economic interests, such as third-party advertising and communicating with you about relevant offers from third-party partners;
Other uses about which we notify you.
Examples of these types of uses include:
Providing you with the products, services, and support you request;
Processing your transactions and shipping orders;
Communication with you about your account or transactions, changes to our policies and other administrative matters, or your questions and comments;
To better understand your interests in order to provide you with promotional information, relevant content, product recommendations, surveys, questionnaires, and other materials;
Improving our products, services and operations;
Conducting data analytics;
Administering rewards programs;
Providing personalized services you request;
Ensuring compliance with our Company policies and the law, or as we believe is necessary to protect, enforce or defend the legal rights, privacy, safety or property of ourselves and others;
To validate sales made by Red Aspen Independent Brand Ambassadors and Red Aspen Independent Affiliates (hereafter collectively “Representative”);
To help our Representatives search for, communicate with and validate customers in our systems;
For Red Aspen’s compliance purposes;
To support the operations of our Representatives, and to maintain proper functioning of the Red Aspen network marketing and affiliate marketing programs.
Sources of Personal Information
During the 12-month period prior to the effective date of this Supplemental Privacy Notice, we may have obtained personal information about you from the following categories of sources:
Directly from you, such as when you complete forms, take surveys, or create profiles on our Sites
From your devices, such as through your use of our services
Representatives
Merchants
Our parent company, affiliates and subsidiaries
Vendors or Service Providers who provide services on our behalf
Our business partners
Social networks
Data analytics providers
Public and commercially available sources
Disclosure of Personal Information
We may disclose personal information to the following categories of third parties:
Representatives
Merchants
Our parent company, affiliates and subsidiaries
Vendors or Service Providers who provide services on our behalf
Professional services organizations, such as auditors or law firms
Data analytics providers
Our business and joint marketing partners
Social networks
Online advertising services and advertising networks
Financial institutions
During the 12-month period prior to the effective date of this Supplemental Privacy Notice, we may have disclosed the following categories of personal information (as defined above) about you for a business purpose to the following categories of third parties:
Identifiers: Service providers, Affiliates and Subsidiaries, Representatives, Merchants, financial institutions, Professional services organizations, online advertising services and advertising networks, social networks
Protected Classifications: Service providers, Affiliates and Partners
Financial Information: Service providers, Merchants, Financial Institutions
Commercial Information: Service providers, Affiliates and Partners, Representatives, Merchants
Health and Medical Information: Service providers, Affiliates and Partners, Representatives
Online Activity: Service Providers, Affiliates and partners, Advertising services and advertising networks, social media networks
Geolocation Data: Service providers, Affiliates and partners
Sensory information: Service providers, Affiliates and partners
Professional or Education information: Service providers, Affiliates and partners, Representatives
Inferences: Service providers, Affiliates and partners
In addition to the categories of third parties identified above, during the 12-month period prior to the effective date of this Supplemental Privacy Notice, we may have disclosed personal information about you to government entities (e.g., in response to law enforcement requests or in connection licensing or registration requirements).
“Sale” or “Sharing” of Personal Information
California law defines “sale” very broadly and includes the disclosure of personal information for anything of value. We do not sell your personal information in exchange for monetary consideration. We may disclose your personal information by allowing certain third parties (such as social media networks, data analytics providers, and online marketing and advertising services) to collect personal information via automated technologies (such as cookies or pixels) on our Site for social networking and advertising purposes. Under applicable law, these kinds of disclosures may constitute “targeted advertising,” or a “sale” when the personal information is exchanged for non-monetary consideration, or “sharing” when the personal information is disclosed for cross-context behavioral advertising purposes.
The categories of personal information that we may sell, share, or use for targeted advertising (and may have sold or shared or used for targeted advertising during the 12-month period prior to the effective date of this Notice) includes Identifiers, Commercial Information, Online Activity, device and site usage information, and Geolocation data.
California residents may opt-out of the processing of their personal information for purposes of targeted advertising, or the sale or sharing of personal information, by clicking on the Do Not Sell or Share My Personal Data/Opt-Out of Targeted Advertising link at the bottom of each page of the Site and following the instructions in that link.
In addition, California residents may use an opt-out preference signal, such as the Global Privacy Control (“GPC”), to opt-out of the sale or sharing of your personal data. If you choose to use a browser that supports the GPC signal, you will need to enable it for each supported browser that you use on your device. If enabled and broadcasting a signal to not sell or share your data, the GPC will be applied to your browser. If you are logged into your Red Aspen account while a GPC is enabled on your browser, it will be applied to your account while logged into the site and using that same browser. We otherwise do not associate your devices or browsers with any user account. If you clear your cookies or use a private browsing mode, such as “incognito mode,” and later visit our sites, you will need to have your GPC enabled for the GPC to be applied again to your browser.
Retention of Personal Information
We will retain your personal information for the time period reasonably necessary to achieve the purposes described in our Privacy Policy and this Supplemental Privacy Notice, or any other notice provided at the time of collection, taking into account applicable statutes of limitation and records retention requirements under applicable law.
Users Under 16
We do not knowingly sell or share Personal Information of California Consumers younger than 16.
California Consumer Privacy Rights
If you are a California resident, you have certain rights regarding your personal information, as described below.
Access: You have the right to request, twice in a 12-month period, that we disclose to you the personal information we have collected, used, disclosed and sold or shared about you during the past 12 months.
Correction: You have the right to request that we correct the personal information we maintain about you, if that information is inaccurate.
Deletion: You have the right to request that we delete certain personal information we have collected from you. Please note that we need certain types of information so that we can provide the services to you. If you ask us to delete it, you may no longer be able to access or use our Sites.
Opt-Out of Sale or Sharing: You have the right to opt out of the sale of your personal information or the sharing of your personal information for cross-context behavioral advertising purposes.
How to Submit a Request.
Some of our Sites allow you to review and update your personal information or cancel certain provisions of your Red Aspen Bramd Ambassador Agreement. To submit a request to access, correct or delete your personal information or for assistance with any of these rights, please submit your request here or contact us at (844) 402-3457. Additionally, you may, if you wish, email your request to us at hello@redaspen.com. If you email us, you must: (i) clearly state your request, and (ii) for verification and fraud-prevention purposes, provide the following information that you initially provided to Red Aspen: first name, last name, phone number, billing zip code, and email address. You will receive an email from us confirming your request and requesting you to click a button in the email to confirm your identity, in accordance with the CCPA. Once you confirm your identity by clicking the button in the email, we will proceed with processing your request.
To opt-out of the sale or sharing of your personal information, please see the instructions in the section entitled “Sale” or “Sharing” of Personal Information above.
Verifying Requests.
To help protect your privacy and maintain security, we will take steps to verify your identity before granting you access to your personal information or complying with your request. This verification process may require you to provide your Representative or Customer ID, or other pieces of personal information that we already hold on you, or, in certain circumstances, a signed declaration under penalty of perjury that you are the consumer whose personal information is the subject of the request. If you designate an authorized agent to make a request on your behalf, please email us at hello@redaspen.com to (1) verify your identity directly with us and (2) provide us with written authorization or a power of attorney, signed by you, for the agent to act on your behalf.
Right to Appeal
If, for any reason, you would like to appeal our decision relating to your request under this California Consumer Privacy Act Notice, you may submit an appeal and do so by emailing hello@redaspen.com. Please include your full name, the basis for your appeal, and any additional information to consider.
Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights
We do not discriminate against consumers as a result of a consumer’s exercise of any of his or her rights listed in this section. For example, we will not, as a result of a consumer’s exercise of any rights listed in this section:
Deny goods or services to the consumer;
Charge different prices or rates for goods or services;
Provide a different level or quality of goods or services; or
Suggest in any way that a consumer will receive a different price or rate for goods or services or a different level or quality of goods or services.
We may provide discounts or other incentives to customers who provide us with certain of their Personal Information. For example, we may offer a discount to a consumer who provides her contact information and payment information in order to register with us.
Notice of Finance Incentive
Under California law, certain aspects of loyalty and similar programs which we may offer from time to time, may provide certain benefits to consumers and be considered a financial incentive program. We may collect personal information from you in connection with any such programs, e.g., contact information (name, email address, residential address) and commercial information (like purchase history) for a number of reasons, including to administer the program, contact you with regard to your account (if any), to provide the benefits to you, to better serve you, and to fulfill your requests associated with the program.
To opt into our loyalty or similar programs, as set forth herein you will need to provide certain information, and potentially register for an account, agree to certain applicable program terms, or otherwise follow the instructions associated with the loyalty or other similar programs.
To the extent that Red Aspen provides programs that may be considered a financial incentive because the program is directly or reasonably related to the collection, deletion or retention of consumer personal information, the value is reasonably related to the overall value we receive from the personal information participants provide specific to the program minus the costs and expenses we incur in providing the program.
Changes to this Supplemental Privacy Notice
We reserve the right to amend this Supplemental Privacy Notice at our discretion and at any time. When we make changes, we will post the updated Supplemental Privacy Notice on the website and update the effective date. Your continued use of our website following the posting of changes to this Supplemental Privacy Notice constitutes your acceptance of such changes.
Questions and Contact Information
If you have any questions about your rights under the CCPA, please email us at hello@redaspen.com.
Supplemental Privacy Notice for Nevada Residents. The following applies solely to Nevada Residents.
Residents of Nevada have certain rights with respect to your Personal Information.
You have the right to know that we do not sell any of your Personal Information to any third party or parties.
You have the right to request that we not sell any of your Personal Information. Although we do not sell your Personal Information to any third parties, you have the right to submit a request to us directing us not to sell any of your Personal Information that we have collected from you or will collect from you in the future to any third party or parties. You may make such a request by sending an email to us at hello@redaspen.com. Please include the following information in your request: Your name, your email address, and, if applicable, your Brand Ambassador ID Number, Affiliate ID Number, or Customer ID Number. Upon our receipt and verification of your identity, we will not sell your Personal Information. Within 60 days of our receipt of your request, we will respond to you.
We collect the following types of Personal Information (“Covered Information”) from visitors who purchase products from us or enroll as Brand Ambassadors or Affiliates through our Site:
First name, middle name or middle initial, and last name;
Home or other physical mailing address;
Credit card or other payment information;
Email address;
Telephone number; and
Social Security Number (Brand Ambassadors and Affiliates Only).
We share Covered Information only as specified in our Privacy Policy.
If you wish to review, update or otherwise make changes or request that changes be made to the Covered Information you have provided to us, you may do so as specified in “Making Changes to Your Personal Information” above.
If we ever change the types of Covered Information that we collect from you, with whom we share it, or the process by which you may review and request or make changes to your Covered Information that is collected and maintained by us, we will notify you as described in the “Changes to this Privacy Policy” above.
No third party or third parties may collect Covered Information about your online activities over time when you use any of our Websites.