Terms of Service

1. Definitions

“Agreement” means these Terms of Service, including any schedules, addenda, or incorporated licenses, as amended from time to time.

“Company,” “Remy LLC,” “we,” or “us” means Remy LLC, a limited liability company organized under the laws of the State of Wyoming, having its principal place of business at 30 N Gould St, Ste R, Sheridan, WY 82801, transacting business in the State of California under the registered name Remyeast LLC. References to “the Company,” “Remy LLC,” “we,” and “us” throughout this Agreement refer to the same legal entity.

“Derivative Product” means any product, substance, or biological material created through the use, modification, or propagation of the Product, including progeny, unmodified derivatives, and genetically modified variants.

“OpenMTA” means the Open Material Transfer Agreement, a legal tool that enables open exchange of biological materials, designed to support openness, sharing and innovation in global biotechnology.

“Open Source License” means any open-source license designated as applicable to a specific Product at the time of purchase, release, or transfer, including but not limited to the OpenMTA.

“Product” means any yeast strain, biological material, nutrient, equipment, or other good or service sold, transferred, or provided by Remy LLC, regardless of whether it has been modified through genetic engineering.

“Purchaser,” “Customer,” or “you” means the individual or legal entity that purchases, receives, or otherwise acquires the Product from Remy LLC, agrees to be bound by this Agreement, and, where the Product is transferred under an Open Source License, any individual or entity that processes an incoming transfer of the Product. References to “you” and “your” throughout this Agreement apply to all of the foregoing.

“Remy Individuals” means Remy LLC’s members, managers, officers, employees, and agents, each acting in their individual or official capacity.

“Service Providers” means third parties engaged by Remy LLC to facilitate the sale, processing, or delivery of the Product, including payment processors, e-commerce platforms, and shipping partners.

2. Scope of Agreement

These Terms of Service constitute a legally binding agreement between you and Remy LLC. Capitalized terms used in this Agreement have the meanings given in Section 1. By purchasing, receiving, or using our products or using our services, you agree to the following terms.

Age Requirement: By purchasing, receiving, or using the Product or agreeing to these Terms, you represent and warrant that you are at least eighteen (18) years of age and possess the legal capacity to enter into a binding contract.

This agreement governs the purchase, transfer, and use of Products from Remy LLC, regardless of whether it has been modified through genetic engineering.

Certain Products are subject to an OpenMTA or other Open Source License, as designated at the time of purchase, transfer, or release. For such Products, the terms of the applicable Open Source License apply in addition to these Terms, as further described in Section 4. Where a genuine conflict exists between these Terms and the applicable Open Source License, the Open Source License controls with respect to the material. Processing an incoming transfer under the OpenMTA-designated Product constitutes your agreement to be bound by the applicable Open Source License. It is your responsibility to review and comply with the full terms of any Open Source License applicable to your Product before use, modification, or transfer.

3. Orders, Pricing, and Returns

3.1 Pricing & Taxes

All prices displayed are subject to change without notice. You are responsible for paying all applicable sales, use, or value-added taxes based on your shipping destination, which will be calculated and added to your total at checkout. We reserve the right to refuse or cancel any order placed for a Product listed at an incorrect price.

3.2 Geographic Limitation

Remy LLC products and services are offered exclusively to individuals and entities located within the United States. We do not accept orders from, or ship Products to, addresses outside of the United States. By placing an order, you represent and warrant that you are purchasing the Product for use within the United States and will not export the Product in violation of U.S. law as set forth in Section 4.2. We reserve the right to cancel and refund any order that lists a foreign shipping or billing address. This geographic limitation applies to Remy LLC’s direct sales only and does not limit the export control obligations applicable to your downstream use or transfer of the Product under Section 4.2.

3.3 Biological Product Return Policy

Due to the perishable and live biological nature of the Product, all sales are final. We do not accept returns, exchanges, or issue refunds for any yeast strains or biological materials once they have been shipped, except as explicitly mandated by our Force Majeure policy or in the event the Product arrives damaged due to carrier mishandling. Visible shipping damage must be reported within seven (7) days of delivery with photographic evidence. Claims relating to product viability or biological performance must be reported within thirty (30) days of delivery, with documentation of storage conditions and first use.

4. Intellectual Property & Usage Restrictions

4.1 Permitted uses

(a) Non-OpenMTA Products. Products not designated as subject to an Open Source License at the time of purchase may be used for any legal purpose, commercial or otherwise, including modification, propagation, and resale. You may distribute the material and Derivative Products without requesting further consent from Remy LLC.

(b) OpenMTA-Designated Products. Products designated as subject to the OpenMTA or another open-source biological license at the time of purchase are subject to the terms of that license in addition to these Terms. Without limiting the full terms of the applicable license, you acknowledge that OpenMTA-designated Products typically require: (i) attribution to the original provider in publications and commercial products derived from the material; (ii) notification to the original provider upon commercialization of a product incorporating the material; and (iii) transfer of the material to third parties only under the same OpenMTA terms. These obligations flow with the material and bind any downstream recipient to whom you transfer it. It is your responsibility to ensure that any transferee receives a copy of, and agrees to be bound by, the applicable Open Source License prior to transfer. Remy LLC makes no representation that the foregoing summary is complete; the full text of the applicable Open Source License controls.

4.2 Representations and Warranties

By purchasing or using the Product, you represent and warrant that:

1. (a) Technical Competence: If you choose to handle, store, or modify the bioengineered yeast, you possess the necessary technical skills, experience, and laboratory facilities to do so safely.
2. (b) Regulatory Compliance: Your use, modification, and any subsequent distribution of the Product or Derivative Products will comply with all applicable local, state, and federal laws, including biosafety regulations and FDA requirements.
3. (c) Assumption of Risk: You acknowledge that genetic modification involves inherent uncertainties. You assume full responsibility for the safety, stability, and legal status of any “modified yeast” or Derivative Products you create.
4. (d) No Agency: You are acting as an independent entity and not as an agent, partner, or employee of Remy LLC. Remy LLC does not supervise, vet, or endorse your modifications.
5. (e) Export Controls: You represent and warrant that your purchase, receipt, use, and any transfer of the Product will comply fully with all applicable U.S. export control laws and regulations, including the Export Administration Regulations (EAR), 15 C.F.R. §§ 730–774, administered by the Bureau of Industry and Security (BIS) and you will monitor regulatory changes and comply with them. You represent that neither you nor any party to whom you transfer the Product is a prohibited party under any applicable U.S. government denied-party list, including the BIS Entity List, the Treasury Department’s SDN List, or the State Department’s Debarred Parties List. You agree not to export, re-export, or transfer the Product to any destination, entity, or individual in violation of U.S. law without first obtaining all required government authorizations.
6. (f) Prohibited Uses: You represent and warrant that you will not use, transfer, or permit the use of the Product, or any modification or Derivative Product, for any purpose prohibited under the Biological Weapons Anti-Terrorism Act (18 U.S.C. § 175) or the Biological Weapons Convention, including but not limited to the development, production, stockpiling, or use of biological weapons or toxins. Any actual or suspected violation of this provision must be reported to Remy LLC and appropriate federal authorities immediately.

4.3 Downstream Transfer of OpenMTA Material

If you transfer, sell, or otherwise provide any OpenMTA-designated Product, or any unmodified or Derivative Product thereof, to a third party, you are solely responsible for: (i) providing that third party with a copy of the applicable Open Source License; (ii) obtaining that third party’s agreement to be bound by the Open Source License prior to transfer; and (iii) ensuring that the transfer does not violate any restriction in the applicable Open Source License, including any prohibition on transfer to commercial entities or government agencies that may appear in a specific license variant. Remy LLC shall have no liability for your failure to comply with this Section, and you agree to indemnify Remy LLC for any claim by an originating institution arising from an unauthorized downstream transfer.

5. Regulatory Status and Health Warnings

5.1 Self-Asserted GRAS

The Product you are purchasing is being marketed under a Self-Asserted GRAS (Generally Recognized As Safe) status under FDA guidelines. A GRAS dossier supporting this self-assertion is maintained by Remy LLC and available upon reasonable written request. The Product has not been reviewed by the FDA. By purchasing the product, you acknowledge that, like any food ingredient, the Product may pose unforeseeable risks.

You are solely responsible for ensuring that your use of the product (e.g., production of beer) complies with all federal and local food safety and labeling laws regarding GMO ingredients including the National Bioengineered Food Disclosure Standard.

Bioengineered Food Disclosure Obligations: If you use the Product in connection with the manufacture or sale of a food or beverage product for retail sale, you acknowledge that you may be subject to mandatory disclosure requirements under the National Bioengineered Food Disclosure Standard (NBFDS), 7 C.F.R. Part 66. You are solely responsible for determining whether your finished product triggers disclosure obligations. You acknowledge that the regulatory landscape governing bioengineered food labeling is actively evolving. You agree to independently monitor applicable regulatory developments and maintain compliance with current NBFDS requirements and any successor rules.

5.2 Health Warnings & Medical Disclaimer

The Product contains live, active yeast cultures. In rare instances, the ingestion of live, active yeast can contribute to adverse health conditions, including but not limited to Auto-Brewery Syndrome (gut fermentation syndrome). Individuals who are immunocompromised, have underlying gastrointestinal conditions, or suffer from gut dysbiosis should not use or consume this Product without prior consultation with a qualified medical professional. By purchasing and using the Product, you expressly acknowledge and assume all medical risks associated with the handling and consumption of live cultures.

6. Limitation of Liability & Release

• “AS-IS” BASIS: THE PRODUCT IS PROVIDED “AS IS” AND “WITH ALL FAULTS.” REMY LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. REMY LLC MAKES NO WARRANTY THAT THE PRODUCT WILL MEET PURCHASER’S REQUIREMENTS OR THAT ITS USE WILL BE UNINTERRUPTED OR ERROR-FREE. WHILE REMY LLC STRIVES FOR QUALITY, IT IS NOT LIABLE FOR LOST BATCHES, OFF-FLAVORS, OR STUCK FERMENTATIONS RESULTING FROM ENVIRONMENTAL FACTORS, EQUIPMENT FAILURE, OR USER ERROR.
• Release of Claims: To the maximum extent permitted by law, Remy LLC will not be liable to you for any loss, claim, or demand made by you, or made against you by any other party, due to or arising from your use, handling, or modification of the Product.
• Maximum Liability: In no event shall Remy LLC be liable for any amount exceeding the actual purchase price of the specific Product that caused the alleged damage.

7. Indemnification & Defense

7.1 Indemnification

You agree to indemnify, defend, and hold harmless Remy LLC, the Remy Individuals, and Service Providers from any and all third-party claims, demands, investigations, regulatory actions, damages, penalties, and legal fees (including reasonable attorney fees) arising out of or relating to:

(a) your use, handling, storage, modification, or misuse of the Product, including any failure to comply with applicable biosafety, food safety, or labeling requirements;

(b) any modification of the Product or creation of Derivative Products by you, including any claim that such modification caused harm to a third party;

(c) any food, beverage, or other product you manufacture, distribute, or sell incorporating or derived from the Product;

(d) any regulatory fine, penalty, or enforcement action brought against Remy LLC by a government authority as a result of your conduct, including but not limited to FDA enforcement actions, USDA actions, or state food safety violations attributable to your downstream use or distribution of the Product; or

(e) your breach of any representation, warranty, or obligation under these Terms, including the export control and prohibited use warranties in Section 4.2.

For the avoidance of doubt, this Section does not require you to indemnify Remy LLC for regulatory fines or penalties assessed solely against you for your own independent conduct, nor for any claim arising from Remy LLC’s own negligence, willful misconduct, or breach of these Terms.

7.2 Indemnification Procedure

(a) Notice. If Remy LLC becomes aware of any third-party claim, suit, or proceeding for which it intends to seek indemnification under Section 7, Remy LLC shall promptly notify you in writing, including a description of the claim and copies of any relevant correspondence or legal process. Failure by Remy LLC to provide timely notice shall not constitute a waiver of the right to indemnification except to the extent you are actually and materially prejudiced by such delay.

(b) Control of Defense. You shall have the right, upon written notice to Remy LLC within thirty (30) days of receiving notice of the claim, to assume control of the defense of such claim at your own expense, with counsel reasonably acceptable to Remy LLC. Remy LLC reserves the right to reject counsel who lacks sufficient experience in biotechnology, life sciences, or food-safety litigation. If you elect to assume the defense, Remy LLC shall cooperate fully with you, including providing access to relevant documents, records, and personnel, at your reasonable expense.

(c) Remy LLC Participation. Remy LLC retains the right to participate in the defense of any claim at its own expense with counsel of its own choosing. You may not settle any claim that imposes any obligation, restriction, or liability on Remy LLC without Remy LLC’s prior written consent, which shall not be unreasonably withheld.

(d) Failure to Assume Defense. If you fail to assume control of the defense within the thirty (30) day period specified above, or if you subsequently withdraw from the defense, Remy LLC may assume control of the defense at your expense, and you shall remain obligated to indemnify Remy LLC for all resulting costs, damages, and attorney fees.

8. Force Majeure

The Company shall not be liable for any delay or failure to perform resulting from events beyond its reasonable control that could not have been anticipated or prevented by reasonable diligence, including: acts of God; terrorism; riots; war, invasion, or hostilities; acts of civil or military authorities; fire; floods; accidents; strikes or labor disputes; shortages of transportation facilities, fuel, energy, or materials, including biological contamination or crop failure; local or national emergencies; or the acts, orders, or regulations of any governmental authority (“Force Majeure Event”).

For purposes of this Agreement, the following constitute Force Majeure Events specifically applicable to the Product:

(a) an FDA import alert or administrative detention order directed at the Product or its material components, issued without prior notice and not arising from Remy LLC’s knowing or negligent non-compliance with a previously disclosed regulatory requirement;

(b) a USDA hold or inspection delay affecting the Product that is imposed by governmental action and not attributable to Remy LLC’s failure to maintain required certifications or documentation;

(c) a state or local quarantine or embargo on bioengineered or genetically modified materials enacted after the date of your order; or

(d) a mandatory change in applicable federal or state food safety law — meaning a final rule, emergency order, or binding judicial decision with immediate effect — that renders fulfillment of your specific order unlawful, where Remy LLC had no reasonable advance notice of the requirement and compliance cannot be achieved within the delivery window through reasonable diligence.

The following do not constitute Force Majeure Events under this Agreement: (i) routine FDA guidance updates, draft rules, or informal agency communications that do not have binding legal effect; (ii) regulatory actions arising from Remy LLC’s own failure to maintain GRAS status, required certifications, or regulatory filings; (iii) voluntary actions taken by Remy LLC in connection with FDA or USDA interactions, including responses to agency inquiries or participation in voluntary review programs; or (iv) foreseeable changes in the regulatory environment for bioengineered food products of which Remy LLC had reasonable advance notice.

In the event of a regulatory disruption affecting your order, the Company will notify you as soon as commercially practicable. If the Company is prevented from delivering your purchased Product for a continuous period of more than thirty (30) days due to a covered event under this Section, either party may cancel the affected order, and the Company’s sole liability shall be to issue a full refund of any prepaid amounts for the undelivered Product. During any Force Majeure Event, Remy LLC shall use commercially reasonable efforts to mitigate the effects of the event and resume performance as soon as practicable.

9. Dispute Resolution

9.1 GOVERNING LAW

This Agreement and any dispute arising from the purchase or use of the Product shall be governed by the laws of the State of Wyoming, without regard to its conflict of law principles. To the extent that any mandatory consumer protection law of your state of residence requires the application of local law, that law shall govern only with respect to those specific claims.

9.2 EXCLUSIVE VENUE

Subject to the arbitration requirements below, any legal action not subject to arbitration shall be instituted exclusively in the state or federal courts in Sheridan County, Wyoming. If a court of competent jurisdiction determines that this venue provision is unenforceable under the consumer protection laws of your state of residence, then the parties agree that the venue shall be the state or federal courts located nearest to your residence.

9.3 JURY TRIAL WAIVER

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND REMY LLC EACH IRREVOCABLY WAIVE THE RIGHT TO A TRIAL BY JURY.

9.4 CLASS ACTION AND REPRESENTATIVE ACTION WAIVER

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND REMY LLC AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR IN COURT, WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION. YOU EXPRESSLY WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION. For the avoidance of doubt, the Mass Filings and Bellwether Procedures in Section 9.10 represent a coordinated administration of individual claims and do not constitute a class, collective, or representative proceeding. If a court determines this Section 9.4 is unenforceable, then the arbitration agreement in Section 9.5 shall be deemed null and void. Notwithstanding the foregoing, nothing in this Section waives the right of any party to seek public injunctive relief in a court of competent jurisdiction where such right cannot be waived as a matter of applicable state law. Any such claim shall be stayed pending resolution of related individual claims in arbitration.

9.5 BINDING ARBITRATION

Any dispute, claim, or controversy arising out of or relating specifically to the transaction covered by this Agreement, or the actions of the Remy Individuals acting in their official capacity—including the determination of the scope of this agreement to arbitrate—shall be determined by final and binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. If the AAA is unable or unwilling to administer the arbitration consistent with this Agreement, the parties shall arbitrate before JAMS in accordance with its Streamlined Arbitration Rules and Procedures, as modified by this Agreement. If JAMS is also unable or unwilling to administer, the parties shall petition a court of competent jurisdiction to appoint an arbitration provider that will do so.

(a) Individual Basis: Arbitration shall be conducted on an individual basis only. Neither party may bring claims as a plaintiff or class member in any purported class or representative proceeding. Except as provided in the Mass Filings and Bellwether Procedures in Section 9.10, the arbitrator shall have no authority to consolidate claims of more than one person or entity.

(b) Emergency Relief: Either party may seek emergency injunctive relief from a court of competent jurisdiction to prevent irreparable harm pending arbitration.

(c) Enforceability: Judgment on the award may be entered in any court of competent jurisdiction.

(d) Delegation Clause: The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement to arbitrate, including, but not limited to, any claim that all or any part of this agreement to arbitrate is void or voidable.

(e) Written Decision: The arbitrator shall issue a reasoned, written decision sufficient to explain the essential findings and conclusions on which the award is based.

This Agreement and this arbitration provision evidence a transaction in interstate commerce. This arbitration agreement shall be interpreted and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq., and federal arbitration law, and not state arbitration law.

9.6 Small Claims Court

Notwithstanding Section 9.5, either party may elect to have an individual claim heard in small claims court if the claim is within that court’s jurisdiction. If a claim proceeds in small claims court, you and Remy LLC agree to request and consent to participate in all hearings, conferences, and proceedings via videoconference or telephonic means to the maximum extent permitted by the court’s rules.

9.7 Mandatory Informal Dispute Resolution

Before filing a claim for arbitration, you agree to try to resolve the dispute informally. You must send a Notice of Dispute to Remy LLC at [email protected]. The Notice must include your name, contact information, a description of the nature and basis of the claim, and the specific relief sought, including a good-faith calculation for it. The Notice must be personally signed by the party submitting it and, if that party is represented by counsel, by counsel as well. We will then have sixty (60) days to attempt to resolve the matter, unless that time is extended by agreement. You and Remy LLC agree to participate in a non-binding settlement conference (via phone or video) if requested during this period. The statute of limitations shall be tolled during this period. Completion of this informal process is a condition precedent to filing any demand for arbitration.

9.8 Optional Mediation

During the 60-day informal period, either party may propose non-binding mediation. If Remy LLC proposes mediation, you may choose whether or not to participate. If you agree to participate, Remy LLC shall pay all mediator fees and administrative costs. If you propose mediation and Remy LLC agrees, the parties shall share the cost. Participation in any agreed-upon mediation shall further toll the statute of limitations.

9.9 Claim Verification

Any demand for arbitration must be personally signed by the claimant and accompanied by a written certification, also signed by the claimant and their legal counsel if any, verifying under penalty of perjury that: (i) the claimant personally purchased the Product and provided a valid order number or proof of purchase; (ii) the claimant personally experienced the specific dispute alleged; and (iii) the information provided is true and correct. The name and contact information provided in the Notice of Dispute and demand for arbitration must match the information associated with the provided order number. A demand signed only by counsel, without the claimant’s personal signature, shall not be accepted. Counsel for any claimant in a Mass Filing must also affirm that they have performed a good-faith investigation into the facts of each individual claim. If these requirements are not met, the arbitrator shall not accept, administer, or demand fees for such arbitration, and the Process Arbitrator shall have the explicit authority to enforce this requirement. The arbitrator is authorized to award sanctions, including reasonable attorney fees and costs, against any party or counsel who pursues claims or defenses that are frivolous or brought in bad faith, consistent with the AAA Consumer Arbitration Rules and applicable law. Following entry of an award, the arbitrator may also consider whether to shift costs based on the reasonableness of each party’s litigation conduct.

9.10 Mass Filings and Bellwether Procedures

If 25 or more similar demands for arbitration are filed against Remy LLC by the same or coordinated counsel (a “Mass Filing”), you understand and agree that the resolution of your Dispute might be delayed and ultimately proceed in court. If your claim is part of a Mass Filing, any applicable limitations periods shall be tolled from the time your Dispute is first submitted until it is selected to proceed under the Staged Adjudication Process in Section 9.11, is settled, withdrawn, or proceeds to court pursuant to Section 9.11(c).

9.11 Staged Adjudication Process

(a) STAGE ONE. Within thirty (30) days after the Mass Filing threshold is reached, counsel for all parties shall meet and confer in good faith — by telephone or videoconference — in an effort to streamline procedures, address information exchange, and explore early resolution of the Disputes. If the parties reach a global resolution during this period, it shall be documented in writing and submitted to the Process Arbitrator for confirmation. If no global resolution is reached within thirty (30) days, or such extended period as the parties may agree in writing, the staged process shall proceed as follows.

Counsel for the claimants shall select 15 Disputes, counsel for Remy LLC shall select 15 Disputes, and the arbitration provider shall randomly select 20 Disputes. (If there are fewer than 50 Disputes, all shall proceed individually in Stage One). Each of the 50 (or fewer) cases shall be assigned to a different arbitrator and proceed individually. If claimants are represented by more than one law firm, claimants’ counsel shall coordinate among themselves to make the joint selection within fourteen (14) days of the close of the meet-and-confer period; failure to agree on a joint selection within that period shall result in the Process Arbitrator making the selection on claimants’ behalf. If a case is withdrawn before the issuance of an arbitration award, another claim shall be selected to proceed as part of Stage One. The remaining Disputes shall not be filed or deemed filed in arbitration, nor shall any arbitration administrative or arbitrator fees be assessed, invoiced, or collected in connection with those remaining claims. After this initial set of proceedings is completed, counsel for the parties shall participate in a global mediation session with a mutually agreed upon neutral mediator in an effort to resolve the remaining Disputes, informed by the adjudications of the Stage One cases. Remy LLC shall pay the mediator’s fee. If the parties cannot agree on a mediator within fourteen (14) days of the conclusion of Stage One, the arbitration provider currently administering the proceedings shall appoint one.

(b) STAGE TWO. If the remaining Disputes have not been resolved at the conclusion of Stage One, counsel for the claimants shall select 15 Disputes, counsel for Remy LLC shall select 15 Disputes, and the arbitration provider shall randomly select 20 Disputes. (If there are fewer than 50 Disputes remaining, all shall proceed individually in Stage Two). No more than five cases may be assigned to a single arbitrator. The remaining unselected Disputes shall not be filed or deemed filed in arbitration, nor shall any arbitration fees be assessed or collected in connection with those claims. After this second set of staged proceedings, the parties shall engage in a second global mediation session of all remaining Disputes, with Remy LLC paying the mediator’s fee. If the parties cannot agree on a mediator within fourteen (14) days of the conclusion of Stage Two, the arbitration provider currently administering the proceedings shall appoint one.

(c) COURT OPT-OUT. Upon the completion of the mediation set forth in Stage Two, each remaining Dispute (if any) that is not settled or not withdrawn shall be opted out of arbitration and may proceed in a court of competent jurisdiction consistent with the remainder of these Terms. Notwithstanding the foregoing, counsel for the parties may mutually agree in writing to proceed with the adjudication of some or all of the remaining Disputes in individual arbitrations consistent with the process set forth in Stage Two.

(d) ENFORCEMENT. A court of competent jurisdiction shall have the authority to enforce these Bellwether Procedures for Mass Filings, including the power to enjoin the filing or prosecution of arbitrations and the assessment, invoicing, or collection of arbitration fees. If, after exhaustion of all appeals, a court of competent jurisdiction decides that these Bellwether Procedures apply to your Dispute and are not enforceable, then your Dispute shall not proceed in arbitration and shall only proceed in a court of competent jurisdiction consistent with the remainder of these Terms.

(e) PRECLUSIVE EFFECT LIMITATION. No arbitration award issued in any Stage One or Stage Two proceeding shall have preclusive effect in any other arbitration or proceeding in which the claimant named in that award is not a party.

9.12 Mandatory Virtual Arbitration

The juridical seat of arbitration shall be Sheridan County, Wyoming, unless the mandatory laws of your state of residence require the seat to be located within your state. However, to minimize costs, all hearings and conferences shall be conducted exclusively via videoconference. No party shall be required to travel for the arbitration.

9.13 Accessibility Fallback

If a party is unable to participate via videoconference due to technological limitations or disability, they may request to proceed via (i) telephonic conference or (ii) a documents-only arbitration where the Arbitrator decides the case based solely on written submissions. No party shall be required to travel for the arbitration.

9.14 Intended Third-Party Beneficiaries

The Remy Individuals and Service Providers, as defined in Section 1, are intended third-party beneficiaries of this Section 9. Any claim brought against any such intended beneficiary arising out of their role, actions, or omissions on behalf of Remy LLC shall be subject to the Governing Law, Venue, and Arbitration provisions herein.

9.15 ONE-YEAR TIME LIMIT TO FILE CLAIMS

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OR SUCH LONGER PERIOD AS REQUIRED BY THE LAW OF YOUR STATE OF RESIDENCE, ANY CLAIM, DISPUTE, OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PURCHASE OR USE OF THE PRODUCT, OR THESE TERMS, MUST BE FILED IN ARBITRATION OR IN COURT WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE. OTHERWISE, SUCH CLAIM OR CAUSE OF ACTION IS PERMANENTLY AND IRREVOCABLY BARRED.

9.16 Scope of Third-Party Beneficiary Status; No Waiver of Corporate Form

The inclusion of Remy Individuals as beneficiaries of this Section 9 is for the sole purpose of ensuring the efficient and consistent resolution of disputes. Such inclusion shall not be construed as a waiver of the corporate veil, an admission of personal liability, or evidence that any Remy Individual is an alter ego of Remy LLC. All parties expressly intend to maintain the separate legal existence of Remy LLC as provided under the Wyoming Limited Liability Company Act.

9.17 Future Changes to Arbitration Agreement

If Remy LLC makes any material change to this Section 9 (other than a change to contact information), you may reject that change by sending your personally signed written notice to [email protected] within thirty (30) days of the change taking effect. Rejection of a change to this Section does not constitute rejection of the Agreement as a whole. By rejecting a future change, you agree to arbitrate any Dispute under the version of this Section in effect at the time your most recent order was placed.

10. Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, that provision will be limited or eliminated to the minimum extent necessary so that the remaining Terms remain in full force and effect.

11. Acceptance of Terms

By purchasing, accepting, or receiving the Product or using our services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms. If you do not agree to these Terms, do not purchase the Product.

12. Contact Information

All notices to Remy LLC under these Terms, including Notices of Dispute under Section 9.7, should be sent to:

Email: [email protected]
Address:
Remy LLC
30 N Gould St
Ste R
Sheridan, WY 82801 USA

13. Changes to Terms

We may update these Terms from time to time. If we make material changes, we will notify you by posting the updated Terms on our website and, where practicable, by email to the address provided with your most recent order if that order was placed within the preceding twelve (12) months, at least fourteen (14) days before the changes take effect. Non-material changes — including corrections of typographical errors, clarifications that do not alter your rights or obligations, and updates required by law — may take effect immediately upon posting.

Snapshot Rule for Completed Transactions. The Terms in effect at the time you place an order govern that specific transaction, including any claims arising from or relating to that order, regardless of any subsequent amendment to these Terms. For purposes of this Section, an order is “placed” when Remy LLC accepts it and issues an order confirmation. Updated Terms apply only to orders placed after the effective date of the update.

Ongoing Use. If you continue to use our website, services, or account features after updated Terms take effect, you accept the updated Terms with respect to any new transactions. If you do not agree to updated Terms, you may not place new orders, but your rights with respect to prior completed transactions remain governed by the Terms in effect at the time of those transactions.

14. Survival

Any provision of this Agreement that by its nature should survive the termination, expiration, or cancellation of this Agreement shall so survive, regardless of whether it is expressly listed below.

Without limiting the foregoing, the following Sections shall expressly survive:

• Section 1 (Definitions)
• Section 4 (Intellectual Property & Usage Restrictions), including all representations, warranties, export control obligations, and prohibited use warranties in Section 4.2
• Section 5 (Regulatory Status and Health Warnings), including the GRAS disclosure in Section 5.1 and the health warnings and medical disclaimer in Section 5.2
• Section 6 (Limitation of Liability)
• Section 7 (Indemnification & Defense)
• Section 9 (Dispute Resolution), including all arbitration provisions
• Section 10 (Severability)
• Section 13 (Changes to Terms), solely with respect to the Snapshot Rule for Completed Transactions
• Section 14 (Survival)
• Section 15 (Entire Agreement)

The survival of indemnification obligations under Section 7 shall not be construed to extend the limitations period beyond that specified in Section 9.15.

15. Entire Agreement

These Terms constitute the entire agreement between you and Remy LLC regarding the Product and supersede all prior or contemporaneous communications, whether electronic, oral, or written. Notwithstanding the foregoing, this Agreement expressly incorporates by reference any Open Source License applicable to a specific Product as described in Section 4, which forms part of the entire agreement between the parties with respect to that Product. The Privacy Policy described in Section 17 is a separate regulatory disclosure document and is not incorporated as a contractual term of this Agreement; nothing in the Privacy Policy shall be construed to create warranties, representations, or contractual obligations beyond those expressly stated in this Agreement.

16. Consumer Rights Notice

Under California Civil Code Section 1789.3, California residents are entitled to the following consumer rights notice: if you have a question or complaint regarding the Product or services provided by Remy LLC, please contact us first at [email protected] or at the address in Section 12.

If your complaint is not resolved after contacting us, California residents may seek assistance from the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

California Statutory Rights. Notwithstanding the choice of Wyoming law in Section 9.1, California residents retain all rights that cannot be waived by contract under the following statutes, to the extent those statutes apply to the purchase of the Product:

• The Consumers Legal Remedies Act (Civil Code §§ 1750–1784) (“CLRA”), including the right to seek public injunctive relief as provided in Section 9.4.
• The Unfair Competition Law (Business & Professions Code § 17200 et seq.) (“UCL”).
• The False Advertising Law (Business & Professions Code § 17500 et seq.) (“FAL”).
• The Song-Beverly Consumer Warranty Act (Civil Code §§ 1790–1795.8), to the extent applicable to the Product.

Wyoming law continues to govern all aspects of this Agreement not displaced by the foregoing mandatory California statutes.

CLRA Notice and Cure. If you are a California resident asserting a claim under the CLRA, you must provide Remy LLC with written notice of the alleged violation at least thirty (30) days before filing any lawsuit. The notice must be sent by certified mail, return receipt requested, to Remy LLC at the address in Section 12, with a copy by email to [email protected], and must describe the alleged violation with reasonable specificity and the relief requested. If Remy LLC cures the alleged violation within thirty (30) days of receiving proper notice, you may not seek damages under the CLRA, though you may still seek injunctive relief or restitution. This CLRA notice requirement runs concurrently with the informal dispute resolution period in Section 9.7, so that a single notice and waiting period satisfies both requirements.

California Venue. Notwithstanding Section 9.2, a California resident bringing a non-arbitrable claim under a California consumer protection statute listed above may bring that claim in the Superior Court of the county in California in which they reside or in which the transaction occurred. This provision does not expand the scope of non-arbitrable claims beyond what is otherwise provided in this Agreement. The parties agree to request and jointly stipulate to remote participation — by videoconference or, where videoconference is unavailable, by telephonic means — for all hearings, conferences, and proceedings in any such action, to the maximum extent permitted by the rules and discretion of the presiding court. Neither party shall oppose a reasonable request by the other to participate remotely. The parties acknowledge that the grant of remote participation remains within the court’s discretion and that this provision constitutes an agreement between the parties only, not a limitation on the court’s authority.

17. Privacy Policy and Data Practices

Remy LLC’s collection, use, retention, and disclosure of personal information in connection with purchases made through our website and services is described in our Privacy Policy, available at remyeast.com/privacy. The Privacy Policy is a separate regulatory disclosure document and does not form part of this Agreement.