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USER
AGREEMENT ("Agreement")
ACCEPTANCE
OF TERMS THROUGH USE
By using this site, you
("User") signify your agreement to these terms
and conditions. If you do not agree to this
Agreement please do not use this site.
Please check this Agreement
periodically for changes as the owner of this
site Red Air reserves the right
to revise this Agreement and your continued
use
of this site following the posting of any changes
to the Agreement constitutes acceptance of
such changes. Red Air reserves
the right to terminate a User's use of this
site
at any time without notice and may do so for
any breach of this Agreement or the instructions
on this site by User. This Agreement applies
to licensors and advertisers as well.
YOU MUST BE OVER
18 TO AGREE TO THIS AGREEMENT AND USE THIS
SITE
This Agreement must be
completed, understood and agreed to by a person
over 18. If a parent or guardian wishes to
permit a person under 18, and under his or
her supervision, to use this site, he or she
should email Red Air with his
or her explicit permission and acceptance of
full
legal responsibility for the minor to do so.
If you are not yet 18, if you are easily offended,
or are accessing this site from any country
where material on this site is prohibited or
illegal, please leave now as you do not have
permission to access this site.
LICENSE TO USE
THIS SITE
Upon your agreement to
this Agreement, Red Air hereby
grants you a non-exclusive, non-transferable
limited
license to use this site in strict accordance
with the terms and conditions in this Agreement
and as permitted via instructions on this site.
You agree not to make any false or fraudulent
statements in your use of or to gain access
to this site. You acknowledge and agree that
all content and services available on this
site are property of Red Air and its advertisers
and licensors and are protected by copyrights,
moral rights, trademarks, service
marks, patents, trade secrets, and other proprietary
rights and laws, in the U.S. and internationally.
All rights not expressly granted herein are
fully reserved by Red Air, its advertisers
and licensors.
LICENSE RESTRICTIONS
Use
Except as may be explicitly
permitted through this site, you agree not
to save, download, cut and paste, sell, license,
rent, lease, modify, distribute, copy, reproduce,
transmit, publicly display, publicly perform,
publish, adapt, edit, or create derivative
works from materials, code or content on or
from this site. Systematic retrieval of data
or other content from this site to create or
compile, directly or indirectly, a collection,
compilation, database or directory without
written permission from Red Air is
prohibited. In addition, use of the content
or materials for any purpose not expressly
permitted in this Agreement is prohibited.
Security
You agree that if you
are issued a Username and Password by Red Air, you shall use your best efforts
to prevent access to this site through your
Username and Password by anyone other than
yourself, including but not limited to, keeping
such information strictly confidential, notifying
Red Air immediately if you discover
loss or access to such information by another
party not under your control and supervision,
and by using a Username and Password not easily
guessed by a third party.
You agree that you shall
not try to reverse engineer, reverse assemble,
reverse compile, decompile, disassemble, translate
or otherwise alter any executable code, contents
or materials on or received via this site.
You understand that such actions are likely
to subject you to serious civil and criminal
legal penalties and that Red Air shall
pursue such penalties to the full extent of
the law to protect its rights and the rights
of its other licensors.
International
Users
Accessing this site, and
services, products or contents available on
this site, except as expressly allowed through
instructions and truthful statements by the
User in regard to use of this site, from places
outside the U.S. or where their contents are
illegal, is prohibited. Those who choose to
access this site from other locations do so
knowingly on their own initiative and voluntarily
at their own risk and are responsible for compliance
with local laws. None of the information on
this site may be downloaded, exported or reexported
into Iran, Iraq, Syria, Libya, Sudan, Cuba,
North Korea, Yugoslav Republic (Serbia and
Montenegro), Rwanda, Nigeria or any other country
with restrictions imposed by the U.S. Government.
By using this site, you agree that you are
not a citizen of or a resident in any of these
countries.
Export
You agree that you shall
comply with all applicable export and import
control laws and regulations in your use of
this site, or materials or services received
through this site, and, in particular, you
shall not export or re-export anything on or
received through this site in violation of
local or foreign export laws and/or without
all required U.S. and foreign government licenses.
Government Use
If you are a branch or
agency of the U.S. Government, the following
provision applies. This site, code, contents,
services and accompanying documentation are
comprised of "commercial computer software" and "commercial
computer software documentation" as such terms
are used in 48 C.F.R. 12.212 (SEPT 1995) and
are provided to the Government (i) for acquisition
by or on behalf of civilian agencies, consistent
with the policy set forth in 48 C.F.R. 12.212;
or (ii) for acquisition by or on behalf of
units of the Department of Defense, consistent
with the policies set forth in 48 C.F.R. 227.7202-1
(JUN 1995) and 227.7202-3 (JUN 1995). Unpublished
rights reserved under the copyright laws of
the United States.
USER'S LICENSE
GRANT TO SITE
Except with regard to
personal information, all information which
you post on this site or communicate to Red Air through this site (collectively "Submissions")
shall forever be the property of Red Air. You agree to the Site Submission Rules
found below as part of this Agreement if provided
on the site by Red Air. Red Air shall not treat any submission as confidential
and shall not incur any liability as a result
of any similarities that may appear in future
Company services or products. Without limitation,
Red Air shall have exclusive ownership
of all present and future existing rights to
any Submission of every kind and nature everywhere.
You acknowledge that you are fully responsible
for the message, including its legality, reliability,
appropriateness, originality and copyright.
You hereby represent and warrant that your
Submission does not infringe the rights of
any third party.
TRADEMARKS
Red Air's, licensors'
or other third party materials, services or
products referenced on this site are common
law or registered trade marks or service marks
of such parties.
THIRD PARTY SITES
You may be transferred
to online merchants or other third party sites
through links or frames from this site. You
are cautioned to read such sites' Terms and
Conditions and/or Privacy Policies before using
such sites in order to be aware of the terms
and conditions of your use of such sites. These
sites may contain information or material that
is illegal, unreasonable or that some people
may find inappropriate or offensive. These
other sites are not under the control of Red Air, are not monitored or reviewed by
Red Air, and Red Air is not
aware of the contents of such sites. You acknowledge
that Red Air is not responsible for
the accuracy, copyright compliance, legality,
decency, or any other aspect of the contents
or any transmissions received through such
sites. The inclusion of such a link or frame
does not imply endorsement of this site by
Red Air, its advertisers or licensors,
any association with its operators and is provided
solely for your convenience. You agree that
Red Air and its licensors have no
liability whatsoever from such third party
sites and your usage of them.
DISCLAIMER OF
WARRANTIES
Red Air, ITS
ADVERTISERS AND LICENSORS MAKE NO REPRESENTATIONS
OR WARRANTIES ABOUT THIS SITE, THE SUITABILITY
OF THE INFORMATION CONTAINED ON OR RECEIVED
THROUGH USE OF THIS SITE, OR ANY SERVICES OR
PRODUCTS RECEIVED THROUGH THIS SITE. ALL INFORMATION
AND USE OF THIS SITE ARE PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND. Red Air, ADVERTISERS
AND/OR ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES
WITH REGARD TO THIS SITE, THE INFORMATION CONTAINED
ON OR RECEIVED THROUGH USE OF THIS SITE AND
ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS
SITE, INCLUDING ALL EXPESS, STATUTORY, AND
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Red Air, ADVERTISERS AND/OR ITS LICENSORS
DO NOT WARRANT THAT THE CONTENTS OR ANY INFORMATION
RECEIVE THROUGH THIS SITE ARE ACCURATE, RELIABLE
OR CORRECT; THAT THIS SITE WILL BE AVAILABLE
AT ANY PARTICULAR TIME OR LOCATION; THAT ANY
DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT
THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH
THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. YOUR USE OF THIS SITE IS SOLELY
AT YOUR RISK. USER AGREES THAT IT HAS RELIED
ON NO WARRANTIES, REPRESENTATIONS OR STATEMENTS
OTHER THAN IN THIS AGREEMENT. BECAUSE SOME
JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF
CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT
APPLY TO YOU BUT SHALL APPLY TO THE MAXIMUM
EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.
LIMITATION OF
LIABILITY
UNDER NO CIRCUMSTANCES
SHALL Red Air, ADVERTISERS AND/OR
ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL
DAMAGES THAT RESULT FROM, OR ARISE OUT OF THE
USE OF, OR INABILITY TO USE, THIS SITE, THE
INFORMATION CONTAINED ON OR RECEIVED THROUGH
USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS
RECEIVED THROUGH THIS SITE. THIS LIMITATION
APPLIES WHETHER THE ALLEGED LIABILITY IS BASED
ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY,
OR ANY OTHER BASIS, EVEN IF Red Air,
ADVERTISERS AND/OR ITS LICENSORS HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, Red Air, ADVERTISERS AND/OR
ITS RESPECTIVE LICENSORS' LIABILITY IN SUCH
JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM
EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.
INDEMNIFICATION
You agree to defend, indemnify,
and hold harmless Red Air, its advertisers,
licensors, subsidiaries and other affiliated
companies, and their employees, contractors,
officers, agents and directors from all liabilities,
claims, and expenses, including attorney's
fees, that arise from your use of this site,
or any services, information or products from
this site, or any violation of this Agreement.
Red Air reserves the right, at it
own expense, to assume the exclusive defense
and control of any matter otherwise subject
to indemnification by you, in which event you
shall cooperate with Red Air in asserting
any available defenses.
LEGAL COMPLIANCE
Company may suspend or
terminate this Agreement or User's use immediately
upon receipt of any notice which alleges that
User has used this site for any purpose that
violates any local, state, federal or law of
other nations, including but not limited to
the posting of information that may violate
third party rights, that may defame a third
party, that may be obscene or pornographic,
that may harass or assault others, that may
violate hacking or other criminal regulations,
etc. of its agents, officers, directors, contractors
or employees. In such event, Company may disclose
the User's identity and contact information,
if requested by a government or law enforcement
body or as a result of a subpoena or other
legal action, and Company shall not be liable
for damages or results thereof and User agrees
not to bring any action or claim against Company
for such disclosure.
CHOICE OF LAW
AND FORUM
This site (excluding third
party linked sites) is controlled by Red Air from its offices within the State
of Illinois, U.S. of America. It can be accessed
from all 50 states as well as from other countries
around the world to the extent permitted by
site. As each of these places has laws that
may differ from Illinois, by accessing this
site, both you and Red Air agree that
the statues and laws of Illinois shall apply
to any actions or claims arising out of or
in relation to this Agreement or your use of
this site, without regard to conflicts of laws
principles thereof. You and Red Air
also agree and hereby submit to the filing
of any claim only in the exclusive personal
jurisdiction and venue of Illinois and any legal
proceedings shall be conducted in English.
Red Air makes no representation that
materials on this site are appropriate or available
for use in other locations, and accessing them
from territories where their contents are illegal
is prohibited. This Agreement shall not be
governed by the United Nations Convention on
Contracts for the Sale of Goods.
CLAIMS OR REPRESENTATIONS
EVERY EFFORT HAS BEEN
MADE TO ACCURATELY REPRESENT THIS PRODUCT AND
IT'S POTENTIAL. EVEN THOUGH THIS INDUSTRY IS
ONE OF THE FEW WHERE ONE CAN WRITE THEIR OWN
CHECK IN TERMS OF EARNINGS, THERE IS NO GUARANTEE
THAT YOU WILL EARN ANY MONEY USING THE TECHNIQUES
AND IDEAS IN THESE MATERIALS. EXAMPLES IN THESE
MATERIALS ARE NOT TO BE INTERPRETED AS A PROMISE
OR GUARANTEE OF EARNINGS. EARNING POTENTIAL
IS ENTIRELY DEPENDENT ON THE PERSON USING OUR
PRODUCT, IDEAS AND TECHNIQUES. WE DO NOT PURPORT
THIS AS A "GET RICH SCHEME."
ANY CLAIMS MADE OF ACTUAL
EARNINGS OR EXAMPLES OF ACTUAL RESULTS CAN
BE VERIFIED UPON REQUEST. YOUR LEVEL OF SUCCESS
IN ATTAINING THE RESULTS CLAIMED IN OUR MATERIALS
DEPENDS ON THE TIME YOU DEVOTE TO THE PROGRAM,
IDEAS AND TECHNIQUES MENTIONED, YOUR FINANCES,
KNOWLEDGE AND VARIOUS SKILLS. SINCE THESE FACTORS
DIFFER ACCORDING TO INDIVIDUALS, WE CANNOT
GUARANTEE YOUR SUCCESS OR INCOME LEVEL. NOR
ARE WE RESPONSIBLE FOR ANY OF YOUR ACTIONS.
MATERIALS IN OUR PRODUCT
AND OUR WEBSITE MAY CONTAIN INFORMATION THAT
INCLUDES OR IS BASED UPON FORWARD-LOOKING STATEMENTS
WITHIN THE MEANING OF THE SECURITIES LITIGATION
REFORM ACT OF 1995. FORWARD-LOOKING STATEMENTS
GIVE OUR EXPECTATIONS OR FORECASTS OF FUTURE
EVENTS. YOU CAN IDENTIFY THESE STATEMENTS BY
THE FACT THAT THEY DO NOT RELATE STRICTLY TO
HISTORICAL OR CURRENT FACTS. THEY USE WORDS
SUCH AS "ANTICIPATE," "ESTIMATE," "EXPECT," "PROJECT," "INTEND," "PLAN," "BELIEVE," AND
OTHER WORDS AND TERMS OF SIMILAR MEANING IN
CONNECTION WITH A DESCRIPTION OF POTENTIAL
EARNINGS OR FINANCIAL PERFORMANCE.
ANY AND ALL FORWARD LOOKING
STATEMENTS HERE OR ON ANY OF OUR SALES MATERIAL
ARE INTENDED TO EXPRESS OUR OPINION OF EARNINGS
POTENTIAL. MANY FACTORS WILL BE IMPORTANT IN
DETERMINING YOUR ACTUAL RESULTS AND NO GUARANTEES
ARE MADE THAT YOU WILL ACHIEVE RESULTS SIMILAR
TO OURS OR ANYBODY ELSES, IN FACT NO GUARANTEES
ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS
FROM OUR IDEAS AND TECHNIQUES IN OUR MATERIAL.
MISCELLANEOUS
This Agreement incorporates
by reference the Site Submission Rules if this
site allows posting and posts such Rules. This
Agreement constitutes the entire agreement
between the parties related to the subject
matter thereof, supersedes any prior or contemporaneous
(oral, written or electronic) agreement between
the parties and shall not be changed except
by written agreement signed by an officer of
Red Air. If any provision of this
Agreement is prohibited by law or held to be
unenforceable, the remaining provisions hereof
shall not be affected, and this Agreement as
much as possible under applicable law shall
continue in full force and effect as if such
unenforceable provision had never constituted
a part hereof and the unenforceable provision
shall be automatically amended so as to best
accomplish the objectives of such unenforceable
provision within the limits of applicable law.
User shall not assign or transfer this Agreement
and any such transfer shall be void.
Site Submission
Rules
By using features of this
site that allow you to post or otherwise transmit
information to or through this site, or which
may be seen by other users, you agree that
you shall not upload, post, or otherwise distribute
or facilitate distribution of any content --
including text, communications, video, software,
images, sounds, data, or other information
-- that:
"is unlawful, threatening,
abusive, harassing, defamatory, libelous, deceptive,
fraudulent, invasive of another's privacy,
tortious, obscene, sexually explicit or graphic,
or otherwise in violation of this site's rules
or policies;
"victimizes, harasses,
degrades, or intimidates an individual or group
of individuals on the basis of religion, gender,
sexual orientation, race, ethnicity, age, or
disability;
"infringes any patent,
trade mark, service mark, trade secret, copyright,
moral right, right of publicity, privacy or
other proprietary right of any party;
"constitutes unauthorized
or unsolicited advertising, junk or bulk e-mail
(also known as "spamming"), chain letters,
any other form of unauthorized solicitation,
or any form of lottery or gambling;
"contains software viruses
or any other computer code, files, or programs
that are designed or intended to disrupt, damage,
or limit the functioning of any software, hardware,
or telecommunications equipment or to damage
or obtain unauthorized access to any data or
other information of any third party; or
"impersonates any person
or entity, including any employee or representative
of this site, its licensors or advertisers.
You also agree that you
shall not harvest or collect information about
the users of this site or use such information
for the purpose of transmitting or facilitating
transmission of unsolicited bulk electronic
e-mail or communications for any other commercial
purpose of your own or a third party.
You further agree that
you shall not solicit or collect information,
or attempt to induce any physical contact with,
anyone 18 years old or younger without appropriate
prior verifiable express parental consent.
This site generally does
not pre-screen, monitor, or edit the content
posted by users of this site. However, this
site and its agents have the right, at their
sole discretion, to remove any content that,
in this site's sole judgment, does not comply
with the Site Submission Rules or is otherwise
harmful, objectionable, or inaccurate. This
site is not liable for any failure, delay,
damages or results, in removing such content.
You agree that your use
of this site may be suspended or terminated
immediately upon receipt of any notice which
alleges that you have used this site in violation
of these Rules and/or for any purpose that
violates any local, state, federal or law of
other nations, including but not limited to
the posting of information that may violate
third party rights, that may defame a third
party, that may be obscene or pornographic,
that may harass or assault others, that may
violate hacking or other criminal regulations,
etc. of its agents, officers, directors, contractors
or employees. In such event, you agree that
the owner of this site may disclose your identity
and contact information, if requested by a
government or law enforcement body or as a
result of a subpoena or other legal action,
and the owner of this site shall not be liable
for damages or results thereof, and you agree
not to bring any action or claim against the
owner of this site for such disclosure.
This site reserves the
right to revise these Site Submission Rules
at its discretion, so check back from time
to time to be sure you are complying with the
current version.
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