Website Terms of Use Red River Technology LLC

 

Red River Technology LLC operates the website at http://www.redriver.com (the “Website” or “Site“). To assist you in using the Website and to ensure a clear understanding of the relationship arising from your use of the Website, we have created these Terms of Use (the “Terms of Use” or “Terms“). Our Terms apply to any Website visitor (collectively, “you“), including (i) casual Site visitors (“Guest Users“), and (ii) individuals who are, or are seeking to become, registered users (“Registered Users“). The terms “Red River,” “we,” “our“, and “us” refer to Red River Technology LLC.

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU ACCESS OR USE THE WEBSITE. BY ACCESSING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS OUR WEBSITE.

1.     Your Agreement.

These Terms govern: (i) your use of the Website; (ii) your provision of information while using the Website (collectively, the “User Content“); and (iii) your use of information obtained through the Website, including information, software, video, audio, pictures, content, trademarks, trade dress, and other intellectual property owned by Red River or its licensors and made available to you through the Website (collectively, the “Red River Content“). Please read these Terms carefully because they impose legal obligations on you and on Red River, and establish our legal relationship. By accessing our Services (including accessing our Site or entering into any transaction with us that references these Terms), you are acknowledging that you have read and understood these Terms and agree to be legally bound by them. In addition, from time to time during your use of our Site, you may be prompted to click an “I Accept” or similar button to further confirm your agreement to be legally bound by these Terms.

If you are agreeing to our Terms of Use on behalf of a company or other legal entity (“Your Organization“), then (i) you represent and warrant that you have authority to act on behalf of, and to bind Your Organization and (ii) for all purposes in these Terms and the Privacy Policy, the term “you” means Your Organization on whose behalf you are acting.

2.     Your Consent to Our Privacy Practices.

Our Privacy Policy explains how we treat information that you provide to us, including through our Site. By accessing our Website, you consent to our privacy practices as set out in our Privacy Policy, which is available at: Privacy Policy.

3.     Registration.

We may make certain areas of the Website accessible only to users that have a password. While you can visit the Website as a Guest User, to access and participate in certain Services, we ask that you become a Registered User. During the registration process, you may be required to provide certain information about you. You agree that the information you provide to us in this process is complete and accurate.

3.1.     Protecting Your Password.

If you become a Registered User, and if you obtain a password, please keep in mind that we will treat anyone who uses your user name and password as “you.” We will provide this user with all of the rights and privileges that we provide to you, and we will hold you responsible for the activities of a person using your password. Therefore, we recommend that you maintain your user name and password in confidence, and that you refrain from disclosing this information to anyone who might “pretend” to be you with respect to the Website and your participation in the Services. Please notify us immediately if you suspect that someone is using your user name and/or password in an inappropriate manner.

4.     Ownership; Reservation of Rights.

The information, software, video, audio, pictures, trademarks, trade dress, and other intellectual property embodied in the Website or the Red River Content, are the property of Red River and its licensors, and are protected by U.S. and international copyright and other intellectual property laws, or are used under the principles of fair use. Red River and its licensors retain all rights with respect to the Website and the Red River Content except those expressly granted to you in these Terms. You agree not to duplicate, publish, display, distribute, modify, or create derivative works from the material presented through the Site unless specifically authorized in writing by Red River.

5.     Grant of Rights.
5.1.     Grant of Rights to Red River in User Content.

By submitting User Content when interacting with the Website, uploading files, or otherwise (if such features are available to you), you grant to Red River a perpetual right to use, copy, reformat, index, modify, display, and distribute your User Content for the purposes of providing Services to you and for Red River’s operations. No compensation will be paid with respect to Red River’s use of your User Content under this grant. You represent and warrant that you own all rights needed to provide the grant set out in this Section 5.1 (Grant of Rights to Red River in User Content).

5.2.     Grant of Rights to You in Red River Content.

Subject to your compliance with these Terms, we grant to you a limited, non-exclusive, non-transferrable, worldwide right to access, execute, perform, and otherwise use the Website and Red River Content solely for your personal purposes, and provided that you shall not: (i) license, sublicense, sell, resell, distribute, or otherwise commercially exploit the Website or Red River Content; (ii) modify or make derivative works based upon the Website or Red River content; or (iii) reverse engineer, reverse compile, or access the Website or the Red River Content in order to build a competitive product or service. You may access and view the Website and the Red River Content for use solely as provided in these Terms, and you may not modify, copy, distribute, or otherwise use the Website or the Red River Content.

6.     Code of Conduct.

AS A CONDITION TO YOUR USE OF THE WEBSITE, YOU AGREE TO FOLLOW OUR CODE OF CONDUCT, SET OUT BELOW. Under this Code, you will not:

  • Upload, email, or otherwise transmit User Content that is unlawful, obscene, harmful, hateful, invades the privacy of any third party, contains nudity or pornography, or is otherwise objectionable.
  • Disseminate material that impacts or invades the privacy of others, such as photographs, video clips, sound recordings, Personal Information, or other materials that reveal personal, private, or sensitive information about another person, without that person’s consent.
  • Submit material that is intentionally false, defamatory, unlawfully threatening, or unlawfully harassing.
  • Infringe any third party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy. Electronic materials – such as music, videos, images, and text in electronic form – can easily be copied, modified, and sent over networks (such as the Internet). These electronic materials are thus extremely vulnerable to unauthorized distribution and copyright infringement. These materials may not be transmitted over the Website without the copyright owner’s permission, or without a legitimate “fair use” justification for the transmittal.
  • Transmit material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or Personal Information.
  • Use the Website to artificially generate traffic or page links to a website or for any other purpose not expressly allowed under these Terms.
  • Use the Website in a manner that could disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website, such as through sending “spam” email.
  • Use the Website to test or reverse engineer the Website in order to find limitations, vulnerabilities, or to evade filtering capabilities.
  • Seek to obtain access to any materials or information through “hacking,” “data harvesting,” or through other means we have not intentionally made available to you through the Website.
  • Use the Website for any purpose that is unlawful or prohibited by these Terms. For example, you will not use the Website to violate any law, statute, or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising).
7.     Monitoring; Revocation or Suspension of Use Privileges.

We reserve the right at any time to (i) monitor your use of the Website, and (ii) terminate or suspend your use of some or all portions of the Website if you engage in activities that we conclude, in our discretion, breach our Code of Conduct or otherwise violate these Terms or our Privacy Policy.

Although we have no – and assume no – obligation to monitor activities on the Website, please understand that we may employ filters designed to detect and block inappropriate content under this Code of Conduct. We reserve the right to request edits to remove any information or material, in whole or in part, that we believe, in our sole discretion, is incompatible with our Code of Conduct. IF YOU DO NOT REMOVE OBJECTIONABLE CONTENT IN RESPONSE TO OUR REASONABLE REQUESTS, WE WILL TERMINATE YOUR USE OF SOME OR ALL OF THE SITE AT ISSUE AND REMOVE THE CONTENT AT ISSUE.

Our Code of Conduct is based in many instances on principles of applicable law. Accordingly, users who violate our Code of Conduct may be exposed under these laws to criminal charges, and civil liability to harmed parties for compensatory damages and attorney’s fees. Red River reserves the right at all times to disclose information that it deems necessary to satisfy any applicable law, regulation, legal process, or governmental request, consistent with our Privacy Policy.

8.     Reports and Complaints.

If you believe that a user has acted inappropriately, such as by violating our Code of Conduct, then you may report your concerns by contacting us as set out in Section 22 (Contact Us).

9.     Contact for Alleged Copyright Infringement.

Red River respects the intellectual property rights of others and requires that its users do the same. If you believe that any Red River Content available on the Site or other activity taking place on the Site constitutes infringement of a work protected by copyright, please notify our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. §512) (the “DMCA“), to respond to such concerns as follows:

Attn: Red River DMCA Agent (Compliance Dep’t)
Red River Technology, LLC
21 Water St., Suite 500
Claremont, NH 03743
603-448-8880

Your notice must comply with the DMCA. Upon receipt of a compliant notice, we will respond and proceed in accordance with the DMCA.

We have implemented a repeat infringer policy to address instances in which a particular user is subject to multiple DMCA notifications (the “Repeat Infringer Policy“). If we determine that a user has violated our Repeat Infringer Policy, then we may take in our sole discretion any number of steps including, but not limited to, issuing warnings to the applicable user, suspending or terminating that user’s account, and/or any interim measures that we deem appropriate.

10.   User Content You Submit to Red River.
10.1.   User Content.

If you provide us with User Content for posting on our Website or for any other use as contemplated under our Privacy Policy, then we will treat the User Content as non-confidential and non-proprietary to you. By providing User Content, and subject to your rights in Personal Information set out in our Privacy Policy, you authorize us to use and allow others to copy, modify, display, distribute, perform, use, and otherwise exploit the User Content in any manner and in any location, channel, or medium, all without compensation to you and for so long as we deem warranted (collectively, the “Use Rights“). In addition, you authorize us to grant any third party some or all of the Use Rights. By way of example, and not limitation, the Use Rights include the right for us to publish User Content on our Website in whole or in part, and whether cropped, adopted, altered, or otherwise manipulated, for as long as we choose. Moreover, by providing User Content, you represent and warrant that you have sufficient authority and right to provide the content and to provide these Use Rights.

10.2.   Personal Information.

Notwithstanding anything to the contrary, if you provide User Content, then we will treat such User Content as non-confidential and non-proprietary to you. User Content that you provide to us may, once published, be publicly available to anyone. Although we may review User Content prior to using it, we make no representations or warranties regarding any User Content or our review of such User Content. In addition, any Personal Information that is included in User Content may be posted on our Website or otherwise used and may be made publicly available. As such, please use discretion when including Personal Information and other details in User Content that you provide to us.

10.3.   Information about Others.

If you provide us with information about another individual or otherwise engage us to provide Services to another individual, you expressly acknowledge and agree that you have sufficient legal authority to act on that individual’s behalf.

10.4.   Right to Decline User Content.

We expressly reserve the right to refuse to use (or to disable or remove) User Content that we conclude, in our sole discretion, violates these Terms or our Privacy Policy, or is incompatible with the purposes of our Website or operations.

11.   Links to Third-Party Sites.

The Website may contain links to third party websites (collectively “Linked Sites“). Linked Sites may include websites operated by third party vendors that we may engage to provide certain Services to you on our behalf. Red River does not own these Linked Sites and Red River does not assume any responsibility or liability for any content, opinions, material available on Linked Sites, or such Linked Sites’ privacy practices with respect to information that you provide to the Linked Sites. Red River does not endorse the content of any Linked Site, nor does Red River warrant that a Linked Site will be free of computer viruses or other harmful code that can impact your computer or other web-access device. By using the Website to link to another site (including Linked Sites), you agree and understand that such use is at your own risk. For example, if you submit Personal Information to a Linked Site, then the Personal Information that you submit shall be governed by the Linked Site’s privacy policy and terms of use, and not by Red River’s Privacy Policy and Terms of Use.

12.   User Conduct; User Disputes.

Red River is not responsible or liable for User Content or user conduct. You are solely responsible for your User Content, conduct, and interaction with other site visitors, both online or offline. We have no obligation to become involved in disputes between Site users. If you have a dispute with another Site visitor, then you release Red River (and our officers, directors, agents, employees, subsidiaries, and affiliates) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.

13.   Warranty Disclaimer.

RED RIVER DOES NOT PROMISE THAT THE WEBSITE OR SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, OR WITHOUT INACCURACIES. THE WEBSITE, RED RIVER CONTENT, AND SERVICES ARE DELIVERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WHEN YOU ACCESS THE WEBSITE OR CONTENT, OR USE THE SERVICES, YOU DO SO AT YOUR OWN RISK. RED RIVER DOES NOT WARRANT OR REPRESENT THAT MATERIALS YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL FEATURES OR INACCURACIES.

RED RIVER DISCLAIMS: (i) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (ii) ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, OR LEGALITY OF INFORMATION AVAILABLE THROUGH THE WEBSITE OR SERVICES; AND (iii) ANY RESPONSIBILITY OR LIABILITY FOR HARM RESULTING FROM DOWNLOADING OR ACCESSING INFORMATION THROUGH THE WEBSITE, INCLUDING HARM CAUSED BY VIRUSES OR SIMILAR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE, SERVICES, AND RED RIVER CONTENT IS AT YOUR SOLE RISK.

14.   Limitation of Liability.

UNDER NO CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL RED RIVER BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE WEBSITE AND CONTENT. IN NO EVENT SHALL OUR AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE, OR CLAIM RELATED TO OR ARISING OUT OF THE SITE, RED RIVER CONTENT, OR SERVICES EXCEED U.S. $1,000.00. You agree that in the event that you have any right, claim, or action against any third party arising out of such party’s use of the Website, then you will pursue such right, claim, or action independently of and without recourse to us.

15.   Indemnity.

You agree to defend, indemnify, and hold Red River and its subsidiaries, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorneys’ fees, arising from or related to your breach of these Terms or the Privacy Policy.

16.   Modifications to these Terms.

We may modify and change these Terms over time. We will not “retroactively” change these Terms, and any modifications we make shall take effect proactively, once you next access the Website. Please feel free to print out a copy of these Terms for your records.

17.   Assignment.

These Terms shall not be assignable by you, either in whole or in part. Red River reserves the right to assign its rights and obligations under these Terms.

18.   General.

These Terms shall be governed in all respects by the laws of the State of New Hampshire without giving effect to its conflicts of law provisions. Both parties submit to the personal jurisdiction of and venue in the state and federal courts located in Concord, New Hampshire. The parties further agree that any cause of action arising under these Terms or our Privacy Policy shall exclusively be brought in such courts. If any provision of these Terms is held to be invalid or unenforceable, then such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Red River’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Subject to Section 21 (Relationship to Privacy Policy and Other Contracts), this agreement and the terms and conditions contained herein set forth the entire understanding and agreement between Red River and you with respect to the subject matter hereof and supersede any prior or contemporaneous understanding, whether written or oral.

19.   Additional Terms.

Certain portions of the Website or Services offered through it may be subject to additional or different terms and conditions. We will notify you if the Service or portion of the Site is subject to terms and conditions that differ from these Terms, and you will have the opportunity to decline to participate in such Service or Site if you do not agree with the differing terms and conditions.

20.   Survival.

In addition to any right or obligation that by its nature or intent is intended to survive the termination or expiration of these Terms, the following Sections shall survive the termination of these Terms and shall apply indefinitely: (i) Section 4 (Ownership; Reservation of Rights); (ii) Section 13 (Warranty Disclaimer); (iii) Section 14 (Limitation of Liability); (iv) Section 15 (Indemnity); (v) Section 17 (Assignment); and (vi) Section 18 (General).

21.   Relationship to Privacy Policy and Other Contracts.

These Terms must be read in conjunction (i) with other agreements into which you may enter concerning the Website (if any), and (ii) with our Privacy Policy. The provisions of our Privacy Policy are incorporated herein. To the extent these Terms conflict with the terms of our Privacy Policy, the terms of our Privacy Policy shall control. Similarly, to the extent these Terms conflict with the terms and conditions of any specific agreement you enter with us, the terms and conditions of such specific agreement shall control.

22.   Contact Us.

If you have any questions about these Terms, the practices of this Site, or your dealings with this Website, please contact us using the form available on our Site, or at: compliance@redriver.com.

23.   Effective Date.

The effective date of these Terms of Use is July 1, 2020.

24.   COPYRIGHT AND LEGAL NOTICE.

Copyright © 2020 Red River Technology LLC. All Rights Reserved.

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