TERMS OF USE
1. USER ACCEPTANCE
By using or visiting this website owned and operated by Red Lever, Inc. (“RedLever” or “us”) located at the URL: www.red-lever.com (“THE REDLEVER WEBSITE”, or “Website”), you signify your assent to these terms and conditions (the “Terms of Use” or “Agreement”) and if you do not agree to any of these terms, then please do not use THE REDLEVER WEBSITE.
By using THE REDLEVER WEBSITE, you understand, acknowledge and agree that you will abide by the terms and conditions of the Agreement between REDLEVER and you. When we use the term “Agreement” we mean and are referring to these Terms of Use, as well as any additional terms and conditions that apply to any features, functions and services we may make available to you from time to time through our Website. All of these terms and conditions are hereby incorporated into our Agreement with you by this reference and this Agreement will remain in full force and effect until terminated, even if your use of or participation in any particular service, feature, function or promotional activity terminates, expires, ceases, is suspended or deactivated for any reason.
The words “use” or “using” in this Agreement, means any time an individual (a “User”), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy from THE REDLEVER WEBSITE, transmit, receive or exchange data or communicate with THE REDLEVER WEBSITE, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of THE REDLEVER WEBSITE. This Agreement does not cover your rights or responsibilities with respect to third party content or any web sites or links that may direct your browser or your connection to third party web sites or web pages.
2. MODIFICATIONS
We reserve the right, at any time and from time to time, for any reason in our sole discretion, to change the terms of this Agreement. We may post or display notices of material changes on THE REDLEVER WEBSITE. Once we post them on THE REDLEVER WEBSITE, these changes become effective immediately and if you use THE REDLEVER WEBSITE after they become effective it will signify your agreement to be bound by the changes. You should check back frequently and review the terms and conditions of this Agreement regularly so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us. REDLEVER also reserves the right to change, modify, withdraw, suspend or even permanently discontinue all or any portions of THE REDLEVER WEBSITE at any time, without any liability or obligation to you, with or without notice.
3. COLLECTION AND USE OF PERSONAL INFORMATION
REDLEVER may collect Personal Information (as defined below) about you when you visit the REDLEVER WEBSITE and when you input information into the contact form provided. REDLEVER may use the information REDLEVER obtains from you to tailor your experience on the REDLEVER WEBSITE, to display content REDLEVER thinks may be of interest to you, or to let REDLEVER customize what you see when you visit the REDLEVER WEBSITE according to your preferences. Although REDLEVER may track the numbers of visitors to inform REDLEVER on how best to improve and update THE REDLEVER WEBSITE and enhance the experience for all visitors, Personal Information is not extracted in this process. REDLEVER uses tracking information on an aggregated basis to help REDLEVER operate THE REDLEVER WEBSITE, enhance and improve REDLEVER’s service, improve the look of THE REDLEVER WEBSITE and marketing information.
It is your responsibility to give REDLEVER current, complete, truthful and accurate information and to keep the Personal Information that you provide to REDLEVER up to date. REDLEVER cannot and will not be responsible for any problems or liability that may arise if you do not give REDLEVER accurate, truthful or complete information or you fail to update the information you give REDLEVER.
You are solely responsible for maintaining the strict confidentiality of your Personal Information and for any charges, costs, expenses, damages, liabilities and losses we incur or may suffer as a result of your failure to do so. You are solely responsible and liable for your activity, behavior, use and conduct on the REDLEVER WEBSITE and for any use of the website or any other activity or conduct in connection with the REDLEVER WEBSITE, by any others who use your Personal Information, unless and until you notify REDLEVER that your Personal Information may have been compromised, misappropriated or improperly taken, or used by another party. Bear in mind that when you submit information to REDLEVER, it does not guarantee that REDLEVER will permit you to use any or all of the features of functions of the REDLEVER WEBSITE.
For purposes herein, when we refer to “Personal Information,” we mean information you provide to RedLever directly such as your name, address, telephone number, blog or other personal website URL, date of birth, e-mail address and any other information that would allow someone to identify you or contact you.
4. THE REDLEVER WEBSITE AND HYPERLINKS TO THE WEBSITES OF THIRD PARTIES
These Terms of Use apply to all Users of THE REDLEVER WEBSITE. THE REDLEVER WEBSITE may contain links to third party websites that are not owned or controlled by REDLEVER. REDLEVER has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. The appearance, availability, or your use of URLs or hyperlinks referenced or included anywhere on THE REDLEVER WEBSITE or any other form of link or re-direction of your connection to, with or through THE REDLEVER WEBSITE, does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of REDLEVER, its partners, licensees, parents, subsidiaries, affiliates, assigns, related companies and successors and all of their respective offices, directors, employees, representatives, licensors, suppliers, service providers, successors and permitted assigns, attorneys and agents (collectively, “Affiliates”). We do not verify, endorse, or have any responsibility for, any such third party sites, their business practices, or any goods or services associated with or obtained in connection with any such site, whether REDLEVER’s or any Affiliates’ logo or sponsorship identification is on the third party site as part of a co-branding or promotional arrangement. If any third party site obtains or collects Personal Information from you, in no event shall we assume or have any responsibility or liability. In addition, REDLEVER will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve REDLEVER from any and all liability arising from your use of any third-party website. Accordingly, we strongly suggest that when you leave THE REDLEVER WEBSITE and to read the terms and conditions and privacy policy of each other website that you visit.
5. WEBSITE ACCESS
A. REDLEVER hereby grants you permission to use THE REDLEVER WEBSITE as set forth in this Terms of Use, provided that: (i) your use of THE REDLEVER WEBSITE as permitted is solely for your personal, noncommercial use (unless REDLEVER grants you written permission to do so); (ii) you will not copy or distribute any part of THE REDLEVER WEBSITE in any medium without REDLEVER’s prior written authorization; (iii) you will not alter or modify any part of THE REDLEVER WEBSITE other than as may be reasonably necessary to use THE REDLEVER WEBSITE for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Use.
B. In order to access some features of THE REDLEVER WEBSITE, you may have to create an account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify REDLEVER immediately of any breach of security or unauthorized use of your account. Although REDLEVER will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of REDLEVER or others due to such unauthorized use.
C. You agree to abide by the “RULES OF CONDUCT” referenced in Section 7 below and not use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses THE REDLEVER WEBSITE in a manner that sends more request messages to REDLEVER servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, REDLEVER grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. REDLEVER reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from THE REDLEVER WEBSITE, nor to use the communication systems provided by THE REDLEVER WEBSITE for any commercial solicitation purposes.
6. INTELLECTUAL PROPERTY RIGHTS
The content on THE REDLEVER WEBSITE, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to REDLEVER, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on THE REDLEVER WEBSITE is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. REDLEVER reserves all rights not expressly granted in and to THE REDLEVER WEBSITE and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of THE REDLEVER WEBSITE or features that prevent or restrict use or copying of any Content or enforce limitations on use of THE REDLEVER WEBSITE or the Content therein.
7. RULES OF CONDUCT
Your use of THE REDLEVER WEBSITE is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your User ID or as a result of your use of the Website. You shall not use, allow, or enable others to use THE REDLEVER WEBSITE, or knowingly condone use of THE REDLEVER WEBSITE by others, in any manner that is, attempts to, or is likely to:
- be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else;
- affect us adversely or reflect negatively on us, THE REDLEVER WEBSITE, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of THE REDLEVER WEBSITE, or from advertising, linking or becoming a supplier to us in connection with THE REDLEVER WEBSITE;
- send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming” and “phishing”;
- be used for commercial or business purposes, without the prior written consent of REDLEVER, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or web pages;
- transmit, distribute or upload programs or material that contain malicious code, such as viruses, time bombs, cancel-bots, worms, Trojan horses, spyware, or other potentially harmful programs or other material or information;
- forge any TCP/IP packet header or part of the header information in any e-mail or newsgroup posting for any reason;
- violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person, firm or enterprise;
- gain unauthorized access to THE REDLEVER WEBSITE, other Users’ accounts, names, User IDs, personally identifiable information or other computers, websites or pages, connected or linked to THE REDLEVER WEBSITE or to use THE REDLEVER WEBSITE in any manner which violates or is inconsistent with the terms and conditions of this Agreement;
- modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of THE REDLEVER WEBSITE or the rights or use and enjoyment of THE REDLEVER WEBSITE by any other person, firm or enterprise; or
- collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of THE REDLEVER WEBSITE, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so.
8. WARRANTY DISCLAIMER
YOU AGREE THAT YOUR USE OF THE REDLEVER WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, REDLEVER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE REDLEVER WEBSITE AND YOUR USE THEREOF. REDLEVER MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE REDLEVER WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE REDLEVER WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE REDLEVER WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE REDLEVER WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE REDLEVER WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE REDLEVER WEBSITE. REDLEVER DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE REDLEVER WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND REDLEVER WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
9. LIMITATION OF LIABILITY
IN NO EVENT SHALL REDLEVER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR OTHER PERSONS CONSTITUTING A RELEASED PARTY, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE REDLEVER WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT REDLEVER SHALL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY, OR ANY OFFENSIVE MATERIALS OR OFFENSIVE CONDUCT OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
THE REDLEVER WEBSITE is controlled and offered by REDLEVER from its facilities in the United States of America. REDLEVER makes no representations that THE REDLEVER WEBSITE is appropriate or available for use in other locations. Those who access or use THE REDLEVER WEBSITE from other jurisdictions do so at their own volition and are responsible for compliance with local law.
10. INDEMNITY
You agree to defend, indemnify and hold harmless REDLEVER and its Affiliates, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to THE REDLEVER WEBSITE; (ii) your violation of any term of these Terms of Use; and (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms of Use and your use of THE REDLEVER WEBSITE.
11. ASSIGNMENT
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by REDLEVER without restriction.
12. GENERAL
You agree that: (i) THE REDLEVER WEBSITE shall be deemed solely based in California; and (ii) THE REDLEVER WEBSITE shall be deemed a passive website that does not give rise to personal jurisdiction over REDLEVER, either specific or general, in jurisdictions other than California. These Terms of Use shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and REDLEVER that arises in whole or in part from THE REDLEVER WEBSITE shall be decided exclusively by a court of competent jurisdiction located in Los Angeles County, California. These Terms of Use located at http://www.red-lever.com and any other legal notices published by REDLEVER on THE REDLEVER WEBSITE shall constitute the entire agreement between you and REDLEVER concerning THE REDLEVER WEBSITE. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and REDLEVER’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.