Redneck Sunscreen Terms of Use

Last Updated: November 2021


These Terms of Use (“Terms”) apply to your use of the Redneck Sunscreen, LLC (including its affiliated entities, “Redneck Sunscreen” or “we”) website. Throughout these Terms, “Products” means the Redneck Sunscreen products and “Services” refers to our website. By accessing or using our Services, you agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 13. If you do not agree to these Terms, do not access or use the Services for any purpose.


We may provide different or additional terms in relation to some of our Products or services, and those different or additional terms become part of your agreement with us if you purchase those Products or use those services. If there is a conflict between these Terms and the additional terms, the additional terms will control for that conflict.


We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Services or updating the “Last Updated” date above. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. 

If you have any questions about these Terms or our Products or Services, please contact us using the contact information at the end of the Terms. 


1. Privacy

For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy.


2. Eligibility

You must be at least 18 years of age to use our Services. If you use our Services on behalf of another person or entity, (a) all references to “you” throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us.


3. Errors

We attempt to be as accurate as possible and to eliminate errors on our Services; however, we do not represent or warrant that the descriptions, pricing or other Product-related information on our Services is accurate, complete, reliable, current or error-free. In the event of an error, we reserve the right to correct such error and revise your order accordingly (which includes charging the correct price) or to cancel the order and refund any amount charged. 


4. User Content

We may pull content (such as photos, videos, text and other materials) ("User Content") that you post and share from third-party platforms (like Instagram or Facebook), and display such content on our Services, including when users post content using our brand hashtags, such as #rednecksunscreen, or tag our company accounts. You acknowledge and agree that this User Content may be displayed on our Services or used in our emails and other marketing materials, and you hereby grant us permission to use and authorize others to use your name or social media handle in association with such content. You represent and warrant that the posting and use of your User Content and your name, username, likeness, voice, or photograph, does not violate, misappropriate or infringe your rights or those of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and other intellectual property rights.


5. Prohibited Conduct 

When using our Services, you will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you agree that you are solely responsible for your conduct. You will not:

  • Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
  • Use or attempt to use another user’s account without authorization from that user and Redneck Sunscreen;
  • Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
  • Sell, resell or commercially use our Services;
  • Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Services, except as expressly permitted by us or our licensors; 
  • Modify our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services; 
  • Use our Services other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
  • Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
  • Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Services; 
  • Develop or use any applications that interact with our Services without our prior written consent;
  • Bypass or ignore instructions contained in our robots.txt file; or
  • Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.


6. Ownership; Limited License

The Services, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by Redneck Sunscreen or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services for your own personal, noncommercial use. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and will violate our intellectual property rights.


7. Trademarks

“REDNECK SUNSCREEN”, and our logos, our product or service names, our slogans and the look and feel of the Services are trademarks of Redneck Sunscreen and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos featured on the Products or Services are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us. 


8. Feedback

You may voluntarily submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about Redneck Sunscreen or our Products or Services (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, to develop, copy, publish, or improve the Feedback in Redneck Sunscreen’s sole discretion. You understand that Redneck Sunscreen may treat Feedback as nonconfidential. 


9. Third-Party Content

We may provide information about third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through the Services (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. Redneck Sunscreen does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.


10. Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Redneck Sunscreen and our current and any future parent company, subsidiaries, and affiliates, and each of our respective officers, directors, agents, partners and employees (together with Redneck Sunscreen, the “Redneck Sunscreen Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of the Services or Products; (b) your Feedback; (c) your violation of these Terms; or (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights). You agree to promptly notify the Redneck Sunscreen Parties of any third-party Claims, cooperate with the Redneck Sunscreen Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys' fees). You also agree that the Redneck Sunscreen Parties will have control of the defense or settlement, at Redneck Sunscreen's sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and the Redneck Sunscreen Parties.


11. Disclaimers

Your use of our Products and Services is at your sole risk. Except as otherwise provided in a writing by us, our Products and Services and any content therein are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Redneck Sunscreen does not represent or warrant that our Products or Services are accurate, complete, reliable, current or error-free. While Redneck Sunscreen attempts to make your use of our Products and Services and any content therein safe, we cannot and do not represent or warrant that our Products, Services, or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Products and Services.


12. Limitation of Liability

To the fullest extent permitted by applicable law the Redneck Sunscreen Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, incidental or special damages or lost profits, even if the Redneck Sunscreen Parties have been advised of the possibility of such damages.

The total liability of the Redneck Sunscreen Parties for any claim arising out of or relating to these Terms or our Products or Services, regardless of the form of the action, is limited to the greater of USD$50.00 or the amount paid by you to purchase the Products or use our Services that are the subject of the claim.

The limitations set forth in this Section 12 will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of the Redneck Sunscreen Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.


13. Dispute Resolution; Binding Arbitration


Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Redneck Sunscreen and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration agreement. In addition, arbitration precludes you from suing in court or having a jury trial. 


No Representative Actions. You and Redneck Sunscreen agree that any dispute arising out of or related to these Terms or our Products or Services is personal to you and Redneck Sunscreen and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.


Arbitration of Disputes. Except for small claims disputes in which you or Redneck Sunscreen seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Redneck Sunscreen seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Redneck Sunscreen waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, for any dispute or claim that you have against Redneck Sunscreen or relating in any way to these Terms or our Products or Services, you agree to first contact Redneck Sunscreen and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to Redneck Sunscreen by email at BOSS@redneckcompany.com or by certified mail addressed to 


Redneck Sunscreen, LLC

1314-B Center Dr

PMB 441

Medford OR 97504.


The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and Redneck Sunscreen cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may submit the dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. At Redneck Sunscreen’s option, the arbitration proceedings will be held in Jackson County, Oregon or may be conducted telephonically or via video conference in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The most recent version of the JAMS Rules are available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason. 


You and Redneck Sunscreen agree that these Terms affect interstate commerce and that the enforceability of this Section 13 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. 


The arbitrator, Redneck Sunscreen, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.


You and Redneck Sunscreen agree that for any arbitration you initiate, you will pay the filing fee and Redneck Sunscreen will pay the remaining JAMS fees and costs. For any arbitration initiated by Redneck Sunscreen, Redneck Sunscreen will pay all JAMS fees and costs. You and Redneck Sunscreen agree that the state or federal courts of the State of Oregon and the United States sitting in Jackson County, Oregon have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. 


Any claim arising out of or related to these Terms or our Products or Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and Redneck Sunscreen will not have the right to assert the claim. 

You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 13 by emailing us at BOSS@redneckcompany.com with the subject line “opt out of arbitration”. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 14.


If any portion of this Section 13 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 13 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 13; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 13 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 13 will be enforceable. 


14. Governing Law and Venue

Any dispute arising from or related to these Terms or our Products or Services will be governed by and construed and enforced in accordance with the laws of the State of Oregon, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of Oregon or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Oregon and the United States, respectively, sitting in Jackson County, Oregon. 


15. Modifying and Terminating our Services

We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time. You also have the right to stop using our Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Services.


16. Severability

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.


17. Miscellaneous

The failure of Redneck Sunscreen to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically. Under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at 1 (800) 952-5210. 


18. Address and Contact Information


Redneck Sunscreen, LLC

1314-B Center Dr

PMB 441

Medford OR 97504


Email: BOSS@redneckcompany.com

Phone: 1-800-530-1842

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