Terms & Conditions

RED MESA SCIENCE & REFINING LLC

Terms and Conditions – Last Updated October 20, 2023

These terms and conditions (these “Terms“) apply to the purchase and sale of products and services through www.redmesascience.com (the “Site“) and for your access and use of the Site. These Terms are subject to change by Red Mesa Science & Refining LLC, a Nevada limited liability company (“us,” “we,” or “our” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to these Terms will be in effect as of the last updated date above. You should review these Terms prior to purchasing any product or services 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 REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES RATHER THAN JURY TRIALS. PLEASE READ THESE TERMS CAREFULLY.

BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS SITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO AGREE TO THESE TERMS AND PURCHASE OUR PRODUCTS AND LIVE IN A JURISDICTION IN WHICH IT IS LEGAL TO PURCHASE THE PRODUCTS ON THIS SITE. 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.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS SITE IF YOU (i) DO NOT AGREE TO THESE TERMS, (ii) ARE NOT (A) AT LEAST 18 YEARS OF AGE (OR 21 YEARS OF AGE, DEPENDING ON THE LAW OF YOUR STATE OF RESIDENCE) OR (B) LEGAL AGE TO FORM A BINDING CONTRACT WITH RED MESA SCIENCE & REFINING LLC, OR (iii) ARE PROHIBITED FROM ACCESSING OR USING THIS SITE OR ANY OF THIS SITE’S CONTENTS, PRODUCTS, OR SERVICES BY APPLICABLE LAW.

1. Order Forms. These Terms apply generally to the use of our Site. You should also carefully review our Privacy Policy, which is incorporated by reference hereto, before placing an order for products or services through this Site. In the event you receive an order form or receipt from us with conflicting terms to these Terms, the terms in that order form, Sales Agreement, or receipt will prevail.
2. Order Acceptance and Cancellation. You agree that your order on our Site is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us, or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you an order summary email with your order number and details of the items you have ordered. We may accept an order by shipping or delivering all or part of the goods and/or services under such order, by notifying you of our acceptance, or other valid means of assent. If we do not accept an order within 15 days, that order shall be deemed rejected.

3. Prices and Payment Terms. All prices, discounts, and promotions posted on the Site are subject to change without notice. The price charged for a product or service will be the price advertised on this Site at the time the order is placed, subject to the terms of any promotions or discounts that may be applicable. The price charged will be clearly stated in your order summary email. Price increases will only apply to orders placed after the time of the increase. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your total price and will be itemized in your shopping cart and in your order summary 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.

You agree to maintain a sufficient balance in your linked credit card or bank account to satisfy all fees, including shipping and return fees, and to add funds immediately if we notify you that your funds in your account are insufficient. We reserve the right to recover all outstanding amounts due to us occurring because of your lack of funds.

Unless otherwise agreed by us in writing, full payment for any order must be received by us before our acceptance of an order. We accept approved credit cards for all purchases. By providing payment information, 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.

4. Shipments; Delivery; Title and Risk of Loss. 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 unless otherwise specified in the order summary. All our shipments are FOB our chosen carrier, as FOB is defined by Incoterms. Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments and offer no refunds in case of delays.

5. Returns and Refunds. Except for any products designated on the Site as clearance or non-returnable, we will accept a return of undamaged, unopened products for a refund of your purchase price, less the original shipping and handling costs, provided such return is shipped within 30 days of shipment with valid proof of purchase and provided such products are returned in their original unopened condition. To return products, you must call 435.677.6363 or e-mail our Customer Support Department at CustomerSupport@RedMesaScience.com to obtain a Return Merchandise Authorization (“RMA“) number before shipping your product. No returns of any type will be accepted without an RMA number.

You are responsible for all shipping and handling charges on returned items. 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. All returns are subject to a 15% restocking fee which will be deducted from the amount of your refund.

Refunds are processed within approximately seven 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 OR CLEARANCE ITEMS.

6. Limited Warranty.

THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS; YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. YOUR UNOPENED PURCHASED PRODUCT FOR THE PERIOD OF TIME BEFORE MATERIAL’S EXPIRATION DATE PRINTED ON ITS LABEL OR PACKAGING IS REFERRED TO HEREIN AS THE “WARRANTY PERIOD”.

• • Who May Use This Warranty? This limited warranty extends only to the original purchaser of products and services from the Site. It does not extend to any subsequent or other owner or transferee of the product or any transferee or other beneficiary of the service.
  • What Does This Warranty Cover? This limited warranty covers, during the Warranty Period (as defined above), defects in products purchased from the Site.
  • What Does This Warranty Not Cover? This limited warranty does not cover any damages due to:
    • transportation;
    • storage;
    • improper use or storage conditions;
    • failure to follow the product instructions;
    • modifications;
    • combination or use with any products, materials, processes, systems or other matter not provided or authorized in writing by us; or
    • external causes such as accidents, abuse, or other actions or events beyond our reasonable control.
  • What Is the Period of Coverage? This limited warranty starts on the date your product is shipped and lasts for the Warranty Period (as defined above).  The Warranty Period is not extended if we replace a warranted product. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.
  • What Are Your Remedies Under This Warranty? With respect to any defective products during the Warranty Period, we will, in our sole discretion, either: (i) replace such products free of charge; or (ii) refund you the purchase price of such products. We will also pay for shipping and handling fees to return the replacement product to you if we elect to replace the defective products.
  • How Do You Obtain Warranty Service? To obtain warranty service, you must call 435.677.6363 or email our Customer Service Department at CustomerSupport@RedMesaScience.comduring the Warranty Period to obtain an RMA number. No warranty service will be provided without an RMA number.

TO THE EXTENT NOT PROHIBITED BY LAW, THE WARRANTY SET FORTH IN THIS SECTION 6 IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED. EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED IN THIS LIMITED WARRANTY STATEMENT AND TO THE EXTENT NOT PROHIBITED BY LAW, WE DISCLAIM ALL OTHER WARRANTIES WITH RESPECT TO OUR PRODUCS AND SERVICES, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO YOU. TO THE EXTENT SUCH WARRANTIES CANNOT BE DISCLAIMED UNDER THE LAWS OF YOUR JURISDICTION, WE LIMIT THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION OF THIS EXPRESS LIMITED WARRANTY. IN THE EVENT THE FOREGOING WAIVER IS PROHIBITED BY LAW, ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, THAT CANNOT BE WAIVED BY APPLICABLE LAW SHALL EXPIRE UPON THE END OF THE WARRANTY PERIOD AND SHALL BE SUBJECT TO THE TERMS AND LIMITATIONS SET FORTH IN THIS SECTION 6 TO THE MAXIMUM EXTENT PERMITTED BY LAW; PROVIDED THAT SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.

OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPLACEMENT OR REFUND AS SET FORTH IN THIS SECTION 6. NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US OR ANY OF OUR AGENTS OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.

7. Limitation of Liability.

• OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT OR SERVICE THAT YOU HAVE PURCHASED THROUGH THE SITE. IN NO EVENT SHALL WE, OR OUR DIRECTORS, OFFICERS, EMPLOYEES, EQUITYHOLDERS, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.  NOTWITHSTANDING THE FOREGOING, SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
• IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNTS PAID BY YOU FOR THE PRODUCTS AND SERVICES SOLD THROUGH THE SITE.
• The limitation of liability set forth in Section 7(b)shall not apply to (i) liability resulting from our gross negligence or willful misconduct and (ii) death or bodily injury resulting from our acts or omissions.

8. Goods Not for Resale or Export. You represent and warrant that you are buying products or services from the Site for your use only and will not resell or export the products or services to another state in which they are prohibited by applicable law, or to any other country, without following proper exportation rules and regulations. If you export or resell these products into another state or country, you will indemnify and hold harmless the Company from all claims arising therefrom, including state, federal, and international claims.

9. Intellectual Property Use and Ownership. You acknowledge and agree that we and our licensor(s) are and will remain the sole and exclusive owners of all intellectual property rights in and to each product and service made available on this Site and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, trademarks, recipes, trade secrets, and other intellectual property rights, as well as all content and materials on this Site. You do not and will not have or acquire any ownership of these intellectual property rights in or to the products or services made available through this Site, or of any intellectual property rights relating to those products or services. You agree that you shall not, and shall not attempt to, modify our products, reverse engineer their formulations, formulas, recipes or profiles, and/or create derivative works from our products.

10. Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site. By submitting your contact information on the Site, you agree that we may contact you and send you marketing or sales communications in our discretion from time to time. You agree to keep your contact information up to date and accurate; we will not be liable for any failure to reach you, deliver products or services or deliver any order.

11. Force Majeure. Except for a party’s obligation to pay, no party shall be liable or responsible to the other party, or be deemed to have defaulted under or breached these Terms or the terms of any order for any failure or delay in fulfilling or performing any term thereof (except for any of your obligations to make payments to us hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party“) reasonable control, including, without limitation, the following force majeure events: (a) acts of God; (b) flood, fire, earthquake, explosion, pandemics, or epidemics, or other natural disasters; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or action; (e) embargoes or blockades in effect on or after the Last Updated date;  (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns or other industrial disturbances; (h) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; and (i) other similar events beyond the reasonable control of the impacted party.

12. Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Utah without giving effect to any choice or conflict of law provision or rule (whether of the State of Utah or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Utah.

13. Waiver of Jury Trials and Binding Arbitration.

• In the event of any dispute between you and us regarding these Terms, the Privacy Policy, and/or any products or services purchased from the Site, you and we agree to first send the other party a notice of dispute, which is a written statement setting forth the name, address and contact information of the party giving the notice, the facts giving rise to the dispute and the relief requested. You must send any notice of dispute by e-mail to customersupport@redmesascience.com. We will send any notice of dispute to you at the contact information we have for you. You and we will attempt to resolve any dispute through informal negotiation within 30 days from the date that the notice of dispute is sent.
• YOU AND WE ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, WE ALSO BOTH AGREE THAT YOU OR WE MAY BRING SUIT IN COURT TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS.
• ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
• The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in Washington County, Utah.
• The Federal Arbitration Act and federal arbitration law apply to these Terms. There is no judge or jury in arbitration and court review of an arbitration award is limited. It is important that you understand that the arbitrator’s decision will be binding and may be entered as a judgment in any court of competent jurisdiction.
• ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION. You agree to arbitrate with us only in your individual capacity and not as a representative or member of a class or in any consolidated or representative proceeding. As such, unless we seek such class certification or consolidation, your claims may not be joined with any other claims and there shall be no authority for any dispute to be arbitrated on a class-action basis or brought by a purported class representative. If the class action waiver is found illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.
• The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
• If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.

14. 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 Section 14 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

15. 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 Mesa Science & Refining LLC.

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

17. Notices.

• To You. We may provide any notice to you under these Terms by: (i) sending a message to the e-mail address you provide or (ii) posting to the Site. Notices sent by e-mail will be effective when we send the e-mail and notices we provide by posting will be effective upon posting. It is your responsibility to keep your e-mail address current.
• To Us. To give us notice under these Terms, you must contact us as follows: (i) by email address at CustomerSupport@RedMesaScience.comor (ii) by personal delivery, overnight courier or registered or certified mail to: Red Mesa Science & Refining LLC. 4443 E. Commerce Dr., St. George, UT 84790. We may update the email or mailing address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by email transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

18. 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.

19. Accessing the Site and Accounts.

• We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users. You are responsible for both making all arrangements necessary for you to have access to the Site and ensuring that all persons who access the Site through your internet connection are aware of these Terms and comply with them.
• To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to register with this Site or otherwise, including, but not limited to, through the use of any interactive features on the Site, is governed by our Privacy Policy, and, subject to any legally required consent, you consent to all actions we take with respect to your information consistent with our Privacy Policy. When you sign up for our email updates, you authorize us to contact you with marketing, account updates, and other items we may deem of interest to you.
• If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
• We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

20. Prohibited Uses. You may use the Site and the products offered herein only for lawful purposes and in accordance with these Terms. You agree not to use the Site or any products purchased from this Site:
    • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
    • For exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
    • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
    • To impersonate or attempt to impersonate us, our employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
    • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site, or expose them to liability.

Additionally, you agree not to:

• Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
• Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
• Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Site.
• Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
• Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Site.

21. Site Disclaimer. THE SITE AND ALL CONTENT THEREIN IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND EXCEPT AS SET FORTH IN THESE TERMS WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

The contents of the Site, including any text, graphics, images, or information obtained from the Site (collectively the “Content”) are for informational purposes only. Our products are not intended to diagnose, treat, cure, or prevent any disease. Neither the statements on our Site nor our products have been evaluated by the Food and Drug Administration, and no product on our Site is intended to diagnose, treat, cure, or prevent any disease. The Content is not intended to be a substitute for professional medical advice, counseling, diagnoses, or treatment. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding a medical condition.

22. Miscellaneous

• These Terms, our Privacy Policy, and order summary (if applicable) will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.
• The communications between you and us use electronic means, whether you use the Site or send us emails, or whether we post notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing.
• Subject to this section, these Terms will remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site (including your account) at any time for any reason or no reason at our sole discretion with no notice to or recourse from you, including for any violation of these Terms. Upon termination of your rights under these Terms, your account and right to access and use the Site will terminate immediately. We will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your account. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 5, 6, 7, 1, 13, 17, 20, 21, and 22.
• You agree to indemnify and hold us (and our officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site or products; (b) your violation of these Terms; (c) your violation of applicable laws or regulations; or (d) any content you submit to us. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter subject to this Section 22 without the prior written consent of Red Mesa Science & Refining LLC. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

23. Contact Us. For questions on these terms, contact us at:

Red Mesa Science & Refining LLC

4443 E. Commerce Dr.

St. George, UT 84790