Terms of Service
Last Updated December 17, 2025
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OVERVIEW
These Terms of Service are a binding agreement and entered into by and between you, the visitor or purchaser of products through our Website (“You” or “Your”) and Mito Red Light, LLC ("Company," "we," or "us"). The following terms, together with any terms they expressly incorporate by reference (collectively, "Terms of Service"), govern your access to and use of www.MITOREDLIGHT.COM including any content, products ordered, and services offered on or through it (the "Website"), whether as a guest or a registered user.
Your use and access of the or purchase of any products from this Website is conditioned upon your acceptance of all terms, conditions, policies and notices stated here, including those additional terms and conditions and policies referenced herein and/or available by hyperlink such as our Privacy Policy located here https://mitoredlight.com/policies/privacy-policy . These Terms of Service apply to all user of our Website, including without limitation, users who are browsers, vendors, customers, merchants, and/ or contributors of content.
SECTION 1 – ACCEPTANCE AND ELIGIBILITY
Please read these Terms of Service carefully before accessing or using our Website. By accessing or using any part of the Website, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you cannot access the Website or purchase any products.
Any new features or tools which are added to the Website shall also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued purchase of products or access to the Website following the posting of any changes to our Terms of Service constitutes acceptance of those changes.
This Website is offered and available to users who are 18 years of age or older, reside in the United States or any of its territories or possessions or are bound to the laws of the United States by transacting business with Us. By using this Website, you represent and warrant that you: (1) are of legal age to form a binding contract; (2) shall not allow persons under the age of 18 to use or access the Website; and (3) meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
You are prohibited from using our products for any illegal or unauthorized purpose. We prohibit the use of our products to violate any laws applicable to you in your jurisdiction.
A breach or violation of any of the Terms will result in an immediate termination of your access to the Website.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to reject your orders or refuse “Service” (defined as the systems and protocols that enable us to sell products and offerings made available through our Website, including the Website itself) to anyone, for any reason, at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this Website is not accurate, complete, or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this Website is at your own risk.
This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.
This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, or reporting services. All statements and opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. We recommend that you conduct your own independent research on any opinions expressed on the Website.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice in advance.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 4A – PRICE ADJUSTMENTS & PROMOTIONS
We strive to offer fair, low prices year-round and we rarely run sales. If we do run a promotional price on a product you recently purchased from us, we will honor the promotional price subject to the terms below.
Eligibility. A price adjustment is available when: (i) you purchased an eligible product directly from www.mitoredlight.com (not from a reseller or marketplace) at our standard price; (ii) we subsequently advertise a lower promotional price for the same product/SKU; and (iii) your original order date was within thirty (30) days prior to the promotion’s public start date.
How to request. To request an adjustment, contact info@mitoredlight.com with your order number, product SKU, and a link or screenshot of the promotion. Requests must be received during the promotion or within fourteen (14) days after the promotion’s start date.
What’s refunded. Approved adjustments refund the difference between your purchase price and the promotional price for the identical SKU, excluding taxes, shipping, and add-on services. Refunds are issued to your original form of payment. If that is not available (e.g., expired card or certain financing methods), we may issue store credit for the same amount.
Limitations.
One price adjustment per item; adjustments are not available for prior adjustments, exchanges, or replacements.
Excludes promotions designated as clearance/closeout, limited-quantity, flash/doorbuster, bundle/kit, BOGO, gift-with-purchase, coupon- or referral-code-only offers, pricing errors, or typographical errors.
We do not price match competitors or prices advertised by third parties.
The product must be new, not returned, and within our 60-day trial window at the time of the request.
Currency conversions, regional pricing, and tax/shipping differences are not considered in the calculation.
We reserve the right to deny requests that are fraudulent, abusive, or not compliant with these terms.
This Section 4A applies only to promotions run by Mito Red Light, LLC on www.mitoredlight.com and may be modified or discontinued at any time, except that qualifying purchases made before a change will be evaluated under the terms in effect on the original order date.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Website is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – PROPRIETARY RIGHTS
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Service grant you a limited license for you to use the Website for your personal, non-commercial use only. You shall not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
You shall not:
You shall not access or use for any commercial purposes any part of the Website or any services or materials available through the Website. If you wish to make any use of material on the Website other than that set out in this section, please address your request to: info@mitoredlight.com.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Service, your right to use the Website will stop immediately and you shall, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.
SECTION 7 - TRADEMARKS
The Company name, the the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors, regardless of whether they are registered or unregistered. You shall not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
SECTION 8 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
To access the Website 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 Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is truthful and accurate, and shall be governed by our Privacy Policy https://mitoredlight.com/policies/privacy-policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You shall provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 9 - ONLINE PURCHASES
Terms of Sale. By placing an order for products or services through this Website, you accept and are bound by the order terms stated herein and on the Website. You should also carefully review our Privacy Policy https://mitoredlight.com/policies/privacy-policy before placing an order through this Website. You shall not order or obtain products or services from this Website if you: (a) do not agree to these Terms of Service, (b) are not the older of 18 years or older or the legal age required to form a binding contract with Company, or (c) are prohibited from using this Website’s contents, goods, or services by applicable law.
Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms of Service, 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 any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Company and you shall not occur unless and until you have received your order confirmation email. You have the option to cancel your order at any time before we have sent your order confirmation email by emailing info@mitoredlight.com.
Prices and Payment Terms. Prices and Payment Terms. All prices posted on this Website are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept Visa, Mastercard, American Express or Discover for all purchases. You represent and warrant that (i) the credit card information you supply to us is yours, 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, (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any; and (v) you will not take any actions to cause a chargeback on your credit card after you place an order, until and unless you have tried to resolve any issues with us first.
Shipments; Delivery, Title and Risk of Loss. We will arrange for shipment of the products to you via a third party service. Please check the individual product page for specific delivery options. 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.
SECTION 9A - International Shipping - Use of Zonos Cross-Border Services
We use Zonos to facilitate international checkout, duty and tax calculations, and cross-border compliance. By placing an international order on our website, you acknowledge and agree that Zonos may process certain elements of your checkout experience, including determining the duties, taxes, tariffs, and import fees associated with your shipment.
Duties, Taxes, and Import Fees (We Collect & Pay Tariffs)
For all international orders, we collect any applicable duties, taxes, tariffs, and import-related charges (“Landed Costs”) at checkout.
We act as the Importer of Record, which means:
By completing checkout, you authorize us to collect and remit these fees so that your shipment can clear customs efficiently.
Accuracy of Zonos Calculations
Zonos provides duty and tax estimates at checkout. While Zonos is designed to be accurate, we do not control, and are not liable for, any variances between the estimated amounts and the final amounts assessed by customs authorities.
Any discrepancy between estimated and final charges does not constitute grounds for a refund, reimbursement, or chargeback. In rare cases where customs requires additional fees beyond what was collected, we may contact you or charge the difference to the original payment method.
Import Regulations & Customs Clearance
Because we are the Importer of Record:
If a shipment is refused, rejected, abandoned, or returned due to local import restrictions, failure to accept delivery, or an incorrect address, no refunds will be issued for products or shipping.
International Shipping Times & Risk of Loss
International delivery times are estimates and may vary due to customs processing, carrier performance, or local postal service delays.
Risk of loss transfers to you once the order is handed to the carrier. We are not responsible for:
Fraud Prevention & Compliance
Zonos may decline transactions that fail cross-border verification or compliance checks. We reserve the right to cancel any international order that does not meet Zonos or carrier shipping requirements.
Data Sharing With Zonos
By placing an order, you consent to the transmission of necessary order and shipping information to Zonos for the purposes of:
Zonos processes this data in accordance with its own Privacy Policy.
No Chargebacks or Disputes for Customs, Duties, or Delays
By placing an international order, you agree that you will not initiate a chargeback, payment dispute, or claim related to customs processing times, transportation delays, duty/tax variances, refused deliveries, abandoned shipments, or discrepancies between estimated and final import fees. All shipping costs, duties, taxes, and tariffs collected at checkout are non-refundable once your order has shipped.
Indemnification for International Orders
You agree to indemnify, defend, and hold us harmless from any claims, penalties, fees, or liabilities arising from customs actions, import restrictions, local regulatory requirements, the seizure or inspection of goods, or the legality of importing our products into your destination country. This includes any costs associated with incorrect addresses, failure to retrieve packages, or failure to comply with local import laws.
Export Restrictions & Destination Limitations
We may cancel or refuse an international order if the destination country prohibits or restricts the import of our products or if export control regulations limit shipment. You are solely responsible for ensuring the products you purchase are lawful to import and compliant with your country’s regulations. We make no representation regarding international regulatory approvals, device classifications, or import permissions.
Warranty Limitations for International Orders
Our standard product warranty applies to international purchases; however, customers are responsible for all return shipping costs, customs duties, taxes, and import fees associated with sending products back to us for warranty service. We are not responsible for customs delays, holds, or assessments on warranty-related shipments. Replacement shipments for international warranty claims may require additional documentation and may incur shipping costs.
Refund Limitations for International Orders
International orders are not eligible for refunds of shipping costs, duties, taxes, tariffs, or other import fees. No refunds will be issued for shipments delayed, held, refused, or abandoned due to customs activity, import restrictions, failure to pick up the package, or inaccurate address information provided by the customer.
Lost, Damaged, or Seized Packages
We are not responsible for packages delayed, held, seized, or destroyed by customs authorities. Once goods are given to the carrier, title and responsibility for the shipment transfer to you. Any claims for loss or damage must be submitted within the carrier’s required timeframe and are subject to carrier investigation.
Governing Law for International Orders
All international orders are governed by the laws of the State of Arizona, without regard to conflict of law principles. Any dispute, claim, or controversy arising from an international order or these terms must be resolved exclusively in Maricopa County, Arizona.
Overview. Certain products on our Website may be offered as a subscription (“Subscription”). If you choose a Subscription, you authorize Mito Red Light, LLC (“Mito Red,” “we,” “us”) to charge your payment method on a recurring basis at the frequency and price displayed at checkout (e.g., every 30 days), until you cancel.
Cancel anytime after your first 2 billing cycles.
Subscription Manager (Self-Service Portal). You can manage your Subscription at any time—including canceling, pausing (if available), changing quantities, updating your address, or updating payment details—through our Subscription management portal powered by Appstle:
https://account.mitoredlight.com/pages/2c810be3-2090-4b6c-8f4f-f5235d7a887f?
Account Access & Login Email.
Access to the Subscription management portal is tied to the email address used to place the original subscription order. Customers must log in using the same email address associated with their initial purchase in order to view, manage, modify, pause (if available), or cancel their Subscription. If you no longer have access to that email address or are unable to log in, please contact info@mitoredlight.com for assistance.
https://account.mitoredlight.com/pages/2c810be3-2090-4b6c-8f4f-f5235d7a887f?
Auto-Renewal Authorization. By enrolling in a Subscription, you agree that:
Your Subscription will automatically renew at the selected interval unless you cancel; and
You authorize us (and our payment processors) to charge your selected payment method for each renewal order, including any applicable taxes and shipping charges (if any), without requiring further approval for each renewal.
Renewal Orders & Timing. Your renewal order will be created and billed according to the renewal schedule shown at checkout and/or in your Subscription portal. Renewal processing dates may vary due to weekends, holidays, inventory availability, carrier constraints, or other operational factors.
How to Cancel / Opt Out of Future Charges. You may cancel your Subscription at any time through the Subscription portal link above. Cancellation stops future renewal charges after the cancellation takes effect.
To avoid being billed for the next renewal, you must cancel before the next scheduled renewal order is processed (as reflected in your Subscription portal).
If you need help canceling or do not have portal access, contact us at info@mitoredlight.com and we will assist you. 📧
You can also call us (Monday-Friday 9am-5pm MST):
📞 Phone: 866-861-6486
Changes to Subscriptions. You may be able to change the Subscription frequency, products, quantity, or delivery details through the Subscription portal (subject to availability). Changes typically apply to future renewals and may not affect orders that have already been processed.
Price Changes. Subscription pricing, discounts, promotions, and product availability may change over time. If we change the price of a Subscription product or the terms of an ongoing Subscription, we will provide notice as required by applicable law and the updated price/terms will apply to future renewal orders.
Failed Payments. If a recurring payment fails, we (or Appstle/our payment processor) may attempt to re-process the payment. If payment cannot be successfully processed, your renewal order may be delayed, skipped, or canceled, and your Subscription may be paused or canceled.
Refunds & Returns for Subscription Orders. Subscription renewal orders are subject to our Refund Policy / Return Policy in Section 10 (and any applicable product-specific policies), including any non-refundable fees or shipping charges disclosed at checkout. Canceling a Subscription does not automatically cancel or refund an order that has already been processed or shipped.
Third-Party Subscription Platform. We use Appstle to power subscription functionality (including scheduling, customer portal access, and related subscription tools). Your use of the subscription features may also be subject to Appstle’s services and technical requirements. We are not responsible for outages, delays, or errors caused by third-party systems, though we will make reasonable efforts to help resolve subscription issues.
Overview.
A Pre-Order is the purchase of a product that is not yet in stock or is expected to become available at a future date. When you place a Pre-Order, you acknowledge that the product is not immediately available for shipment.
Payment Authorization.
When placing a Pre-Order, we may:
Collect no payment,
Collect a partial deposit, or
Collect the full purchase amount at checkout,
depending on the product and the terms disclosed at checkout. If only a partial payment or no payment is collected at checkout, you authorize us to store your payment method and to charge the remaining balance (or the full amount) when the Pre-Order is ready to ship.
Estimated Availability & Delays.
Any availability dates or shipping estimates provided for Pre-Orders are estimates only and may change due to manufacturing, supply chain, regulatory, logistics, or other factors outside of our control. We do not guarantee shipment by a specific date.
Cancellation of Pre-Orders (Before Fulfillment).
You may cancel a Pre-Order at any time before it has been fulfilled. If you cancel a Pre-Order prior to fulfillment:
Any amounts paid (including deposits) will be refunded to your original payment method, unless otherwise stated at checkout.
After Fulfillment.
Once a Pre-Order has been fulfilled or shipped, it can no longer be canceled as a Pre-Order. At that point, the order is treated as a regular purchase and is subject to our Refund Policy and Return Policy (Section 10).
Refunds for Pre-Orders.
Refund eligibility and timing for fulfilled Pre-Orders are governed by our Refund Policy. Shipping fees, expedited shipping, optional protection services, and other non-refundable charges disclosed at checkout remain non-refundable, even for Pre-Orders.
Changes or Cancellations by Us.
If we are unable to fulfill a Pre-Order within a commercially reasonable time or discontinue the product, we may cancel the Pre-Order and issue a refund for any amounts paid.
No Resale or Transfer.
Pre-Orders are for personal use only and may not be resold or transferred without our prior written consent.
SECTION 10 - REFUND POLICY
Mito Red offers a full 60-day trial period on all products, beginning on the date the customer receives the item.
Customers may return products for a full refund within the 60-day trial period. Returns must be postmarked before the end of the 60-day period and include the customer’s full name and order number. Returns submitted after the trial period will not be accepted.
Products must be returned in original packaging to prevent damage in transit. Customers are responsible for retaining tracking information as proof of delivery. Mito Red is not responsible for lost or damaged return shipments. Products returned in damaged or unsellable condition will be refused and returned to the sender.
We do not charge restocking fees.
Shipping fees and optional protection services (e.g., Free Returns & Package Protection) are non-refundable.
If you selected expedited shipping at checkout, those charges will not be refunded.
You may be responsible for return shipping costs unless you selected our Free Returns & Package Protection at checkout.
If you’re not completely satisfied with your skincare purchase, you can return it—even if the product has been opened and used—within 60 days of delivery for a full refund of the product price.
Shipping fees and optional protection services (e.g., Free Returns & Package Protection) are non-refundable.
If you selected expedited shipping at checkout, those charges will not be refunded.
You may be responsible for return shipping costs unless you selected our Free Returns & Package Protection at checkout.
One-time return per skincare product per customer to prevent misuse.
1. Free Returns & Package Protection (Optional Add-On)
At checkout, customers have the option to purchase Free Returns & Package Protection, which includes:
Free return shipping (with a prepaid label provided)
Shipping insurance for both the original delivery and return
Full coverage in the event of an elective return
If you choose not to purchase this optional protection during the original purchase, you will be responsible for return shipping costs.
To initiate a return, visit:
https://mitoredlight.com/pages/returns
Mito Red provides free standard shipping on all U.S. orders. However:
If you select and pay for expedited shipping at checkout, that fee is non-refundable, if you elect to return the product.
Similarly, the Free Returns & Package Protection fee is non-refundable if you return your item.
This optional service provides valuable benefits at the time of purchase, including:
Full insurance coverage for both the outbound and return shipments
A prepaid return label in the event of an elective return
Peace of mind in case of loss or damage during shipping
Even if you choose to return the product, the coverage and return label were already provided as part of this service—therefore, the cost cannot be refunded.
International shipping costs are also non-refundable.
You must report any damaged item within 10 days of delivery. Claims submitted after this period will not be accepted.
We require photo and video evidence of the damage in order to process a replacement or refund. Please email all documentation to info@mitoredlight.com.
Once your return is received and inspected, you will receive an email notification. If your return is approved, your refund will be processed to your original payment method. Please allow up to 5 business days for the refund to appear on your statement.
We will replace items that are defective or damaged, provided you submit the required photo and video proof. To request an exchange for the same item, email info@mitoredlight.com.
SECTION 11 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 12 - THIRD-PARTY LINKS AND SERVICES.
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this Website may direct you to third-party Websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or Websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party Websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
The Website’s shopping functions are provided by a third-party, Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products to You. Therefore, issues relating to the checkout process or the failure by Shopify to support our Website’s functionality may result in limitations in the functionality of our Website.
SECTION 13 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related Website.
You shall not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 14 – MONITORING AND ENFORCEMENT; TERMINATION
We have the right to:
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.
YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of inaccurate or objectionable material after it has been posted. Accordingly, and in accordance with federal law (Section 230 of the Communications Decency Act) we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party on our Website. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
SECTION 15 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. Click to view our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy
SECTION 16 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related Website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related Website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related Website, should be taken to indicate that all information in the Service or on any related Website has been modified or updated.
SECTION 17 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service above, you are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related Website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related Website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related Website for violating any of the prohibited uses.
SECTION 18- DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Mito Red Light LLC., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
IN NO EVENT WILL MITO RED LIGHT’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR PRODUCTS EXCEED THE AMOUNTS YOU HAVE PAID TO MITO RED LIGHT FOR USE OF THE SERVICES OR PRODUCTS GIVING RISE TO THE LIABILITY DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE LIABILITY.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
PRODUCT SPECIFIC WARRANTY POLICIES:
Mito Mobile / Mito Mobile Flex / Mito Mobile Super / Advanced Red Light Therapy Belt / Quad Wavelength Belt / Full Body Mat / MitoPOD™ - 1 Year Warranty
Mito Red Original 2.0, MitoMIND - 2 Year Warranty
MitoPRO, MitoPRO+, and MitoPRO X Series / MitoPERFORM Series / MitoADAPT and MitoADAPT 2.0 Series - 3 Year Warranty
The Warranties above are valid only to original purchaser if item purchased directly from www.mitoredlight.com or authorized re-seller and is non-transferable. The warranty period starts the date the original purchased unit is delivered.
The warranty covers any defects in material or workmanship under normal use during the warranty period. During the warranty period, Mito Red will replace, at no charge, products that prove defective because of improper material or workmanship, under normal use and maintenance.
Mito Red will replace the products at no charge. For the first 180 days, Mito Red will be responsible for all shipping costs related to your request. After the first 180 days, buyer will be responsible for product shipping charges and related coverage while in transit to Mito Red. Please retain the tracking information for proof of delivery to us.
The warranty does not cover any problem that is caused by damage resulting from your negligence, improper maintenance, improper use, experimental use, or modifications; the warranty does not cover theft or loss of the product.
To obtain warranty service, you must first contact us at info@mitoredlight.com to determine the problem and the most appropriate solution for you. You may be asked to provide proof of any defects, and therefore you should maintain photos and videos of any alleged defects.
Medical Advice Disclaimer
THE PRODUCTS ARE NOT INTENDED FOR USE IN THE TREATMENT OR MANAGEMENT OF ANY DISEASES OR CONDITIONS, AND SHOULD IN NO WAY BE CONSIDERED A REPLACEMENT FOR MEDICAL ADVICE AND ACTION IN ORDER TO CURE, TREAT, OR PREVENT DISEASES OF ANY NATURE.
Please seek the advice of your qualified heath care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. Mito Red Light does not recommend or endorse any specific physicians, procedures, products (including our Products), opinions or other information that may be included on the Website; the same are only for informational purposes. Reliance on any information appearing on the Website, whether provided by Mito Red Light, its content providers, the visitors to the or others, is solely at your own risk.
SECTION 19 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Mito Red Light and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 20 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 21 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by us.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may may deny you access to our Services (or any part thereof) and pursue any and all rights of action and remedies under these terms and by law.
SECTION 22 - ENTIRE AGREEMENT
These Terms of Service and any policies or operating rules posted by us on this Website or in respect to The Service constitutes the complete and final agreement and understanding between you and us and govern your use of the Services, Website and product orders, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
The failure or delay of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
SECTION 23 - DISPUTE RESOLUTION & GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Arizona, without regard to any conflict of laws provisions to the contrary, and you hereby expressly consent to the personal jurisdiction of the state or federal courts in Arizona for any action brought by or against the Company, and waive any defense to personal jurisdiction.
Agreement to Arbitrate
You and Mito Red Light agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be resolved by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of the Company’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”).
Without limiting the preceding sentence, you will also have the right to litigate any other Dispute in court, if you provide Mito Red Light with written notice of your desire to OPT OUT of this arbitration agreement by regular mail at Mito Red Light, LLC., Attn: General Counsel, 9319 N 94th Way Ste 400, Scottsdale, AZ 85260 within thirty (30) days following the date you first access the Services (such notice, an “Arbitration Opt-out Notice”). If you don’t provide Mito Red Light with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above.
The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide Mito Red Light with an Arbitration Opt-out Notice, will be the state and federal courts located in the Arizona and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide Mito Red Light with an Arbitration Opt-out Notice, you acknowledge and agree that you are waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.
Further, unless both you and Mito Red Light otherwise agree in writing, the arbitrator shall not consolidate more than one person's claims, and shall not otherwise preside over any form of any class or representative proceeding. If this specific paragraph regarding class claims is held unenforceable, then the remaining “Dispute Resolution” terms in this Section will remain valid and enforceable to the greatest extent possible. . Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
Arbitration Rules
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
Arbitration Process
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a general Demand for Arbitration ). The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure
The arbitration shall be conducted in Phoenix, Arizona by a single arbitrator. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and Mito Red Light submit to the arbitrator, unless either party requests a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. Mito Red Light reserves its right to recover, attorneys’ fees and expenses if it prevails in arbitration and in particular if the dispute could have been resolved pre-arbitration or is otherwise frivolous.
Fees
You will be responsible to pay any AAA filing, administrative and arbitrator fees as set forth in the AAA Rules.
SECTION 24 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. The updated Terms of Service will be sent to You via email. The update Terms of Service email will provide you to opt out of Your participation and use of the Website should You not consent to the updated Terms of Service. Your continued use of or access to our Website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 25 – FORCE MAJEURE
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms of Service, for any failure or delay in our performance under these Terms of Service when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemics, pandemics, lockouts, boycotts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
SECTION 26 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@mitoredlight.com.