RedCritter Guide Hosted Service Agreement
BY CLICKING THE "I ACCEPT" CHECKBOX DISPLAYED AS PART OF THE APPLYING FOR OR USING RedCritter Corp. HOSTED SERVICE, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS (THE "AGREEMENT") GOVERNING YOUR USE OF RedCritter Corp. HOSTED ONLINE SERVICE, INCLUDING OFFLINE COMPONENTS (COLLECTIVELY, THE "SERVICE"). IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT APPLY FOR OR USE THE SERVICE.
Welcome to RedCritter Corp. Hosted Service. We offer Hosted service of RedCritter Corp. Live Chat, RedCritter Corp. Forum, RedCritter Corp. Newsletter, RedCritter Corp. Knowledge Base and other upcoming services. The services are free of charge. We are committed to providing your business with the highest possible reliability, security and performance to simplify your IT infrastructure, increase your operating efficiency, promote your sales and improve your customer satisfaction.
License Grant & Restrictions
RedCritter Corp. hereby grants you a non-exclusive, non-transferable, worldwide right to use the Service, solely for your own internal business purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by RedCritter Corp. and its licensors. You may not access the Service if you are a direct competitor of RedCritter Corp., except with RedCritter Corp.'s prior written consent. In addition, you may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service in any way; or (ii) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service. You may use the Service only for your internal business purposes and shall not: (i) store infringing, obscene, threatening, libelous, or otherwise unlawful or tortuous material, including material harmful to children or violative of third party privacy rights; (ii) store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iii) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (iv) attempt to gain unauthorized access to the Service or its related systems or networks.
You are responsible for all activity occurring under your User accounts and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Service, including those related to data privacy, international communications and the transmission of technical or personal data. You shall: (i) notify RedCritter Corp. immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) not impersonate another RedCritter Corp. Hosted Service user or provide false identity information to gain access to or use the Service.
Account Information and Data
RedCritter Corp. does not own any data, information or material that you submit to the Service in the course of using the Service. You, not RedCritter Corp., shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Data. RedCritter Corp. is committed to protecting the integrity and security of your data but RedCritter Corp. shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data.
Intellectual Property Ownership
RedCritter Corp. alone (and its licensors, where applicable) shall own all right, title and interest, including all related Intellectual Property Rights, in and to the RedCritter Corp. Hosted Service Technology, the Content and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Service, the Technology or the Intellectual Property Rights owned by RedCritter Corp.. The RedCritter Corp. name and logo, the name and logo of RedCritter Corp. products, including RedCritter Corp. Live Chat, RedCritter Corp. Forum, RedCritter Corp. Newsletter, RedCritter Corp. Knowledge Base, are trademarks of RedCritter Corp., and no right or license is granted to use them.
Termination Any breach of your obligations or unauthorized use of RedCritter Corp. Hosted Service will be deemed a material breach of this Agreement. RedCritter Corp. may terminate your password, account or use of the Service if you breach or otherwise fail to comply with this Agreement. RedCritter Corp. may also, at its sole discretion, terminate your password, account or use of the Service without cause.
Representations & Warranties
Each party represents and warrants that it has the legal power and authority to enter into this Agreement. RedCritter Corp. represents and warrants that it will provide the Service in a manner consistent with general industry standards reasonably applicable to the provision thereof. You represent and warrant that you have not falsely identified yourself nor provided any false information to gain access to the Service.
Disclaimer of Warranties
RedCritter Corp. AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. RedCritter Corp. AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY RedCritter Corp. AND ITS LICENSORS.
Limitation of Liability
IN NO EVENT SHALL RedCritter Corp.'s AGGREGATE LIABILITY EXCEED US $1.00 (ONE US DOLLAR). IN NO EVENT SHALL EITHER PARTY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SERVICE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY'S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you.
Changes to the Service
RedCritter Corp. may change the service or delete or add features at any time and for any reason. RedCritter may discontinue the service altogether at any time.
Modification to Terms
RedCritter Corp. reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service at any time, effective upon posting of an updated version of this Agreement on the RedCritter Corp. web site. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.
Applicable Law This agreement is governed by the laws of the United States of America, Texas. Any disputes pertaining to this agreement requiring judicial action will only take place in Texas, USA.
Updated: January 1, 2011