These Terms represent a legal agreement between you and Red Moon Solutions, LLC ("RMS"). By using, browsing or otherwise accessing this Website, you acknowledge, represent and agree that you have read, understand and shall be bound by these Terms, and agree to honor and comply with not only these Terms but also (i) any legends, instructions, copyright information and proprietary rights notices posted to or encountered while using or otherwise accessing the Website or any RMS Site Material and (ii) all applicable laws and regulations, including export and re-export control laws and regulations. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THIS WEBSITE.
You acknowledge and agree that this Website and the RMS Site Material constitute and contain proprietary material of RMS or its affiliates, licensors or suppliers and that such material is protected by copyright and other laws respecting proprietary rights. The Website is also protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. On behalf of itself and any applicable affiliates, licensors and suppliers, RMS hereby retains and reserves all proprietary rights in or pertaining to this Website and the RMS Site Material, including (without limitation) all copyright and other proprietary rights worldwide in all media.
LICENSE AND RESTRICTIONS ON USE.
Except for the limited permission provided for above (i.e., the Permission), RMS does not grant you any express or implied rights or licenses, including, without limitation, under any patents, trademarks, copyrights or other proprietary or intellectual property rights. Except as specified in the above Permission (or, if applicable, in any relevant Special-Items Terms), you may not use or access this Website or any RMS Site Material or other content displayed on this Website or otherwise set forth in this Website.
- copy any data or content from the Website by way of a robot, script or automated device or operation, nor engage in practices such as "screen scraping," "database scraping," "indexing" or the like, nor engage in any other activity with the purpose of obtaining lists of users or persons, software, code, databases, lists, products or services;
- frame the Website or any part thereof in another Web page, or engage in any similar practice;
- mirror or otherwise replicate, simulate or present the Website or any of the RMS Site Material or other content from this Website on or by way of any other website, device or medium
- damage, disable, overburden, or impair the Website, its operation or its access, or interfere with any person's access to, use of or enjoyment of the Website, or engage in any conduct that could threaten to do so;
- obtain or attempt to obtain any material, information or content from or through the Website through any means not made readily accessible by RMS on the Website; or
- except if agreed by RMS in a written agreement between RMS and you that is signed by RMS, you agree that you will not access or attempt to access password protected, secure or non-public areas of the Website.
Your failure to comply with any of these Terms, with any legends, notices, terms or conditions on this Website or with any obligations relating to this Website will, among other things, result in automatic termination of any rights granted to you by these Terms (or otherwise), without prior notice, and in such case you must immediately destroy all copies of any downloaded RMS Site Material or other materials in your possession or control and sourced from this Website.
Except if agreed by RMS in a written agreement between RMS and you that is signed by RMS, you agree that you will not create links from any Web site or Web page to the Website or any page within the Website; provided however upon prior written notice to RMS, you may create a link directly to the homepage of the Website. However, the origin of any such link must be accompanied by a clear and prominent attribution indicating that the link is connected to the home page of the Website which belongs to RMS. By creating a link to the Website, you agree that (a) you will not employ any technology that results in the placement of content from the Website in a frame and/or a reduced pop-up window and/or any other display mechanism which changes appearance of the Website from how it would appear if a user typed the URL in a typical browser line, (b) you will not remove or obscure, by framing or otherwise, advertisements, copyright notices, or other notices on this Website, (c) your site shall not display content or link to other websites that contain content that is illegal, obscene, indecent, disparaging, discriminating or otherwise offensive, (d) you have duly registered your domain name and possess all rights necessary to use the same, and (e) you shall not in any manner access, collect, store, disclose, transfer or use any information obtained or derived from a user's access to or use of the Website. RMS reserves the right to revoke your permission to create or maintain such link at any time in its sole discretion and you agree to immediately cease using the link at any time that RMS so requests.
This Website might provide links or references to third-party websites and resources. RMS makes no representations, warranties or other commitments whatsoever about any such third-party websites and resources, including, without limitation, those that may be referenced, accessible from or linked to the Website. A link to a third-party website and resource does not mean that RMS endorses such website or resource, or any content or quality thereof, or any use of such website or resource, or its owner. In addition, RMS is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties, transactions or opportunities (or use a link thereto) from the Website. You acknowledge and agree that RMS is not responsible for the availability of such third-party websites and resources, and is not responsible or liable for any content, services, products or other materials on or available from those websites or resources.
When you access a third-party website or resource, even one that may contain an RMS logo or name, please understand that it is independent from RMS, and that RMS does not control the website or resource or any content on or in such website or resource. It is up to you to take precautions necessary and effective to protect yourself from viruses, worms, trojan horses and other potentially destructive programs, and to protect your information and systems as you deem appropriate.
Nothing on this Website or in any RMS Site Material or other Item is tax, legal or professional advice; it is solely for information purposes. You should consult with appropriate tax, legal, accounting, financial and business advisors before acting or relying on any information, content or material contained on or in this Website, any RMS Site Material or other Item. No tax advisor/preparer-client privilege or relationship, attorney-client privilege or relationship or other advisory privilege or relationship is established or exists by virtue of or based on this Website, any RMS Site Material or other Item.
Factual information and estimates in any information, content or material contained on or in this Website, any RMS Site Material or other Item are presumed reliable when they were determined or collected but are not warranted or guaranteed whatsoever, and should be independently verified before any reliance or use. Suggestions, advice, strategies, opinions and all other like information contained on or in this Website, any RMS Site Material or other Item are general in nature, are not based on knowledge of your specific circumstances, and should be used only after and based upon independent verification for reliability and relevance, your own business judgment, and consultation with your professional advisors as you deem appropriate. As to any information reporting on the testimonials, performance, opinions or results of others, or indicating findings, conclusions or estimates as to performance or results, please be aware that normally your own individual experiences and results will vary and will reflect other factors specific to you and/or your unique circumstances.
NO USE OF LOGOS, TRADEMARKS OR NAMES.
You may not use in any website, blog, publication, press release, promotion, publicity, email, key-word or other search engine advertising, web-based advertising or other marketing or advertising (electronic or otherwise) of any kind the trademarks, service marks, logos or names of RMS or of any RMS Affiliates (or those associated with any of their respective products, services or other offerings), without the written and signed permission of RMS in each case.
THE WEBSITE, RMS SITE MATERIAL AND ALL OTHER ASPECTS OF OR CONTENT DISPLAYED ON THIS WEBSITE OR OTHERWISE SET FORTH ON THIS WEBSITE (COLLECTIVELY, THE "ITEMS") ARE PROVIDED STRICTLY ON AN "AS IS" BASIS. YOUR USE OF OR ACCESS TO THE WEBSITE AND ALL OTHER ITEMS ARE SOLELY AT YOUR OWN RISK. NO WARRANTY, REPRESENTATION, ASSURANCE OR COMMITMENT, EITHER EXPRESS OR IMPLIED, IS MADE OR GIVEN REGARDING ANY OF THE ITEMS, THEIR AVAILABILITY OR THEIR USE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NO WARRANTY, REPRESENTATION, ASSURANCE OR COMMITMENT, EITHER EXPRESS OR IMPLIED, IS MADE OR GIVEN REGARDING THE ACCURACY, COMPLETENESS, PERFORMANCE, CURRENCY OR FITNESS FOR A PARTICULAR PURPOSE OF THE WEBSITE OR ANY OF THE OTHER ITEMS, NOR TO THE EFFECT THAT ANY ITEMS ARE OR WILL BE ERROR-FREE OR CORRECTED. NO RMS PERSON SHALL HAVE ANY LIABILITY WHATSOEVER TO ANYONE REGARDING ANY LOSS, INJURY, DAMAGE, COST, EXPENSE OR HARM RESULTING FROM OR RELATING TO ANY USE OF OR ACCESS TO THE WEBSITE OR ANY OTHER ITEM, ANY RELIANCE ON THE WEBSITE OR ANY OTHER ITEM OR ANY SUPPORT (OR LACK OF SUPPORT) OF OR RELATING TO ANY OF THE ITEMS. NO RMS PERSON SHALL HAVE ANY LIABILITY WHATSOEVER TO ANYONE REGARDING ANY LOSS OF OR INJURY, DAMAGE OR HARM TO ANY EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY USED IN ACCESSING OR USING THIS WEBSITE OR ANY OTHER ITEM. RMS DISCLAIMS ALL RESPONSIBILITY FOR OR RELATING TO ANY THIRD-PARTY WEBSITES, CONTENT OR INFORMATION ACCESSED, DIRECTLY OR INDIRECTLY, BY WAY OF HYPERTEXT LINKS, HOT LINKS OR OTHER LINKS ON OR IN THIS WEBSITE OR IN ANY RMS SITE MATERIAL OR OTHER ITEM. THE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS IN THIS PARAGRAPH APPLY REGARDLESS OF THE THEORY OF RELIEF ASSERTED (WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING ANY FORM OF NEGLIGENCE), STRICT LIABILITY, STATUTE OR OTHERWISE) AND EVEN IF ADVISED OF THE POSSIBILITY OF THE HARM, LOSS, DAMAGES OR OTHER LIABILITY ARISING OR ALLEGED. SOME STATES LIMIT OR DO NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU OR MAY NOT FULLY APPLY TO YOU. AS USED IN THESE TERMS, "RMS PERSON" MEANS AND INCLUDES RMS, EVERY RMS AFFILIATE AND EVERY OWNER, MEMBER, EQUITY-HOLDER, MANAGER, DIRECTOR, OFFICER, EMPLOYEE, REPRESENTATIVE, LICENSOR, SUPPLIER, CONTRACTOR, AGENT, SUCCESSOR OR ASSIGN OF RMS OR OF ANY RMS AFFILIATE.
Neither this Website nor any other Item is promised or guaranteed to be correct, current, complete, operational or error-free, and you acknowledge that this Website might contain technical inaccuracies, typographical errors and other errors, defects or problems. RMS assumes no responsibility (and expressly disclaims responsibility) for updating this Website or any other Item to keep or make it correct, current, complete, operational or error-free or to repair, correct, ensure or improve the accuracy, completeness or other quality of this Website or any other Item. Accordingly, you should confirm the accuracy, completeness, correctness, currency, reliability and other quality of the Website and any other particular Item (including, without limitation, all posted or provided data or information) before making any decision or taking any action based in whole or in part upon this Website or any other Item. RMS provides no commitment or assurances that any reported problems will be resolved, even if RMS elects to provide information or make other efforts with the goal of addressing a problem.
EXCLUSIONS AND LIMITATIONS OF LIABILITY.
GOVERNING LAW IN CASE OF DISPUTE; JURISDICTION.
ENTIRE AGREEMENT; SEVERABILITY.
IF YOU DO NOT AGREE.
APPLICABILITY OF THESE TERMS TO OTHER WEBSITES AND/OR TO RMS SITE MATERIAL.