The RED WRANGLER web site is comprised of various web pages owned and/or operated by RED HORSE COMMUNICATIONS, LLC ("RED HORSE"). All individuals under the age of thirteen (13) are not allowed to use the RED WRANGLER web site ("Web Site") and should not provide any personally identifiable information.
The RED WRANGLER web site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the RED WRANGLER web site acknowledges and constitutes your agreement to all such terms, conditions, and notices. The use of any and all software applications offered by RED HORSE at the RED WRANGLER web site ("Services") are also governed by the terms set forth herein.
RED HORSE reserves the right to change the terms, conditions, and notices under which access to the RED WRANGLER web site and Services is offered, including but not limited to the charges associated with the use of the RED WRANGLER web site.
The RED WRANGLER web site may contain links to other web sites ('Linked Sites'). The Linked Sites are not under the control of RED HORSE and RED HORSE is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. RED HORSE is not responsible for webcasting or any other form of transmission received from any Linked Site. RED HORSE is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by RED HORSE of the site or any association with its operators.
As a condition of your use of the RED WRANGLER web site and the RED HORSE Services, you warrant to RED HORSE that you will not use the RED WRANGLER web site or Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the RED WRANGLER web site or Services in any manner which could damage, disable, overburden, or impair the RED WRANGLER web site or interfere with any other party's use and enjoyment of the RED WRANGLER web site or Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the RED WRANGLER web site.
The RED WRANGLER web site may contain blogs, "wikis," bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
RED HORSE has no obligation to offer and/or monitor the Communication Services. However, RED HORSE reserves the right to review materials posted to a Communication Service and to remove any materials that, in RED HORSE's sole discretion, violate the policies set forth herein. RED HORSE reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
RED HORSE reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in RED HORSE's sole discretion.
RED HORSE does not control or endorse the content, messages or information found in any Communication Service and, therefore, RED HORSE specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Visitors to the RED WRANGLER web site are not authorized RED HORSE spokespersons, and their views do not necessarily reflect those of RED HORSE.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
You are responsible and agree to indemnify RED HORSE for any violation of these Terms of Use by you or your agents.
RED HORSE does not claim ownership of the materials you provide to RED HORSE (including feedback and suggestions) or post, upload, input or submit to any RED WRANGLER web site or its associated Services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting RED HORSE, its affiliated companies and necessary sublicensees, a license to and permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. RED HORSE is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in RED HORSE's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE RED WRANGLER WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. RED HORSE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE RED WRANGLER WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE RED WRANGLER WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
RED HORSE AND/OR ITS OWNERS, OFFICERS, AGENTS, SUPPLIERS, ETC. MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE RED WRANGLER WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED 'AS IS' WITHOUT WARRANTY OR CONDITION OF ANY KIND. RED HORSE AND/OR ITS OWNERS, OFFICERS, AGENTS, SUPPLIERS, ETC. HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RED HORSE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE RED WRANGLER WEB SITE, WITH THE DELAY OR INABILITY TO USE THE RED WRANGLER WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE RED WRANGLER WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE RED WRANGLER WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF RED HORSE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE RED WRANGLER WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE RED WRANGLER WEB SITE.
RED HORSE reserves the right, in its sole discretion, to terminate your access to the RED WRANGLER web site and the related Services or any portion thereof at any time, without notice.
GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Arizona, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Maricopa County, Arizona, U.S.A. in all disputes arising out of or relating to the use of the RED WRANGLER web site and /or the Services. Use of the RED WRANGLER web site and Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and RED HORSE as a result of this agreement or use of the RED WRANGLER web site or Services. RED HORSE's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of RED HORSE's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the RED WRANGLER web site or Services and the information provided to or gathered by RED HORSE with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and RED HORSE with respect to the subject matter hereof and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and RED HORSE with respect to the use of the RED WRANGLER web site or Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
All contents of the RED WRANGLER web site are: Copyright 2004-2006 RED HORSE COMMUNICATIONS, LLC. All rights reserved.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
IMPORTANT - READ CAREFULLY: This Red WranglerTM Click-Wrap License Agreement ("Agreement") is a legal contract between you (either an individual or a single business entity, hereinafter referred to as "Licensee") and Red Horse Communications, LLC ("Red Horse"), for the Red WranglerTM software (the "Software") in object code only. The term "Software" also includes any supplied corrections, bug fixes, enhancements, updates or other modifications created and supplied by Red Horse and any user manuals or other documentation supplied by Red Horse in conjunction with the Red WranglerTM software.
THE SOFTWARE IS OFFERED FOR USE BY LICENSE ONLY AND NO SALE OF THE SOFTWARE IS INTENDED OR CONTEMPLATED BY THIS AGREEMENT. BY CLICKING THE "ACCEPT" BUTTON BELOW, OR BY DOWNLOADING, INSTALLING OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD, INSTALL, OR OTHERWISE USE THE SOFTWARE.
a. Grant of License. Licensor hereby grants to Licensee, pursuant to the terms and conditions of this Agreement, a perpetual, nonexclusive, nontransferable license to use the Software only.
b. Authorized Use. Licensee shall use the Software only as set forth in the documentation for the Software and for no other purpose.
c. Restrictions on Use. Licensee agrees to use the Software only for Licensee's own business. Without purchasing a custom license, Licensee shall not (i) permit any parent, subsidiaries, affiliated entities or third parties to use the Software, (ii) process or permit to be processed the data of any other party, (iii) use the Software in the operation of a service bureau, or (iv) allow remote access to the Software through any means at any time.
d. Copies. Licensee, solely to enable it to use the Software, may make one archival copy of the Software, provided that the copy shall include Licensor's copyright and any other proprietary notices. Licensee shall have no other right to copy, in whole or in part, the Software. Any copy of the Software made by Licensee is the exclusive property of Licensor.
e. Modifications; Reverse Engineering. Licensee agrees that only Licensor shall have the right to alter, maintain, enhance or otherwise modify the Software. Licensee shall not disassemble, decompile or reverse engineer the Software. Licensee shall not permit or assist any third party to disassemble, decompile or reverse engineer the Software.
f. Material Terms and Conditions. Licensee specifically agrees that each of the terms and conditions of this Section 1 are material and that failure of Licensee to comply with these terms and conditions shall constitute sufficient cause for Licensor to terminate this Agreement. The presence of this Subsection 1.f shall not be relevant in determining the materiality of any other provision or breach of this Agreement by either Party.
g. Reservation of Rights. Licensor hereby reserves any and all rights not expressly and explicitly granted in this Agreement, including, but not limited to, Licensor's right to sell the Software and/or license the Software to any third party.
a. Title. Licensee and Licensor agree that Licensor owns all proprietary rights, including patent, copyright, trade secret, trademark and other proprietary rights, in and to the Software and any corrections, bug fixes, enhancements, updates or other modifications, including custom modifications, to the Software, whether made by Licensor or any third party.
b. Transfers. Under no circumstances shall Licensee sell, license, publish, display, distribute, or otherwise transfer to a third party the Software or any copy thereof, in whole or in part, without Licensor's prior written consent.
a. Warranty. Licensor warrants to Licensee that the Software will substantially conform with Red Horse's then current specifications for the Software.
b. Disclaimer. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THERE ARE NO OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO TITLE OR INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE SOFTWARE, DOCUMENTATION AND OTHER FILES ARE PROVIDED "AS IS." RED HORSE AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to Licensee. This warranty gives Licensee specific legal rights, and Licensee may also have other legal rights, which vary from jurisdiction to jurisdiction.
IN NO EVENT WILL RED HORSE BE LIABLE TO LICENSEE OR ANY THIRD PARTY FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER SIMILAR DAMAGES, INCLUDING LOST PROFITS, ARISING FROM THE USE OF OR INABILITY TO USE THE SOFTWARE OR FROM ANY BREACH OF WARRANTY, EVEN IF RED HORSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL RED HORSE'S TOTAL LIABILITY TO LICENSEE EXCEED THE AMOUNT LICENSEE PAID IN LICENSE FEES FOR THE RIGHT TO USE A SINGLE COPY OF THE SOFTWARE.
a. Modifications. No modification or waiver of this Agreement or any provisions shall be binding unless made in writing and signed by the parties hereto.
b. Governing Law/Venue/Jurisdiction. This Agreement shall be governed by and construed under the laws of the State of Arizona, without regard to choice of law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Venue and jurisdiction shall be proper only in the state of Arizona and each party hereby consents to such exclusive and personal jurisdiction and venue.
c. Termination. Without prejudice to any other rights, Red Horse may terminate this Agreement if Licensee fails to comply with the terms and conditions of this Agreement. In such event, Licensee must cease any and all use of the Software and, to the extent applicable, destroy all copies of the Software and/or remove the Software from any computer system owned or controlled by Licensee.
d. Severability. Except as otherwise set forth in this Agreement, the provisions of this Agreement are severable, and if any one or more such provisions shall be determined to be invalid, illegal or unenforceable, in whole or in part, the validity, legality and enforceability of any of the remaining provisions or portions thereof shall not in any way be affected thereby and shall nevertheless be binding between the parties hereto. Any such invalid, illegal or unenforceable provision or portion thereof shall be changed and interpreted so as to best accomplish the objectives of such provision or portion thereof within the limits of applicable law.
e. Complete Agreement. The parties agree that this Agreement is the complete and exclusive statement of the agreement between the parties, which supersedes and merges all prior proposals, understandings and all other agreements, oral or written, between the parties relating to the subject matter.
f. Waiver. Any waiver, either expressed or implied, by either party of any default by the other in the observance and performance of any of the conditions and/or covenants of duties set forth herein shall not constitute or be construed as a waiver of any subsequent or other default.
g. Read and Understood. Licensee hereby acknowledges that it has read and understands this Agreement and agrees to be bound by its terms.
h. Headings. The headings to the Sections and Subsections of this Agreement are included merely for convenience of reference and shall not affect the meaning of the language included therein.
Date: November 1, 2006
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