AGREEMENT TO TERMS

These Redrate.com Terms of Use (“Terms of Use”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you” or “user”) and Red Rate, LLC (“we,” “us” or “our”) concerning your access to and use of the Redrate.com website (the “Site”).

You agree that by visiting or using the Site, you have read, understood, and agree to be bound by these Terms of Use. If you do not agree with these Terms of Use, then you are expressly prohibited from using the Site. We reserve the right to change or modify these Terms of Use at any time and for any reason. Revised Terms of Use will apply to your use of the Site from the date of the publication of the Terms of Use on the Site. Please check this page regularly to ensure you are familiar with the current version.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. 

The Site uses cookies. By using the Site and agreeing to these Terms of Use, you consent to our use of cookies in accordance with the Terms of Use.

 

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, we or our licensors own the intellectual property rights in the Site and material on the Site. Subject to the license below, all these intellectual property rights are reserved. Provided that you are eligible to use the Site, you are granted a limited license to view, download for caching purposes only, and print pages from the Site for your own personal use.

You agree not to: (1) republish material from the Site; (2) sell, rent, or sub-license material from the Site; (3) show any material from the Site in public; (4) reproduce, duplicate, copy or otherwise exploit material on the Site for a commercial purpose; (5) edit or otherwise modify any material on the Site; and (5) redistribute material from the Site (except for content specifically and expressly made available for redistribution).

 

PROHIBITED ACTIVITIES

You agree not to: (1) use the Site in any way that causes, or may cause, damage to the Site or impairment of the availability or accessibility of the Site; (2) use the Site in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity; (3) use this Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software; (4) conduct any systematic or automated data collection activities on or in relation to the Site without our express written consent; (5) use the Site to transmit or send unsolicited commercial communications; and (6) use the Site for any purposes related to marketing without our express written consent.

If you breach these Terms of Use in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the Site, prohibiting you from accessing the Site, blocking computers using your IP address from accessing the Site, contacting your internet service provider to request that they block your access to the Site or bringing court proceedings against you.

 

USER ID & PASSWORD

We may provide you with a user ID and password to enable you to access certain content, services, or areas of the Site that are restricted. You agree to keep your user ID and password confidential and will be responsible for all use of your user ID and password. We may disable your user ID and password in our sole discretion without notice or explanation.

 

USER CONTENT

You represent and warrant that you own all rights in and to any content uploaded or provided by you, including any text, images, audio material, video material, and audio-visual material that you submit to the Site, for whatever purpose (“User Content”). You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your User Content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights. Your User Content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party. You must not submit any User Content that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaints. We reserve the right to edit or remove any material submitted to the Site, or stored on our servers, or hosted or published on the Site.

 

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your violation of any term of these Terms of Use, or your violation of any third party right, including any copyright, access rights, property, or privacy right, resulting from your use of the Site.

 

ASSIGNMENT

These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. 

You may not transfer, sub-contract, or otherwise deal with your rights and/or obligations under these terms and conditions.

 

SEVERABILITY

If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.

 

ENTIRE AGREEMENT

These Terms of Use and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.

 

GOVERNING LAW, DISPUTE RESOLUTION, & LEGAL JURISDICTION

These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of Utah applicable to agreements made and to be entirely performed within the State of Utah, without regard to its conflict of law principles.

Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in The State of Utah. 

 

DISCLAIMER

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

NOTHING IN THESE TERMS OF USE WILL EXCLUDE OR LIMIT ANY WARRANTY IMPLIED BY LAW THAT IT WOULD BE UNLAWFUL TO EXCLUDE OR LIMIT.

 

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.