Terms of Service
The following agreement outlines your obligations when using the REDAS
website available at redastech.com or any other websites of REDAS LLC, and
its affiliates (collectively, “REDAS”, “we”, “us”, or “our”), (each a “Site”).
The Site is owned and operated by REDAS, and is accessed by you under the
terms and conditions of use (hereafter, “Terms”) described below. These
Terms govern your use of our Site and application software (collectively,
“Services”) and any content or information contained therein. We require
that all end users of our Site and Services adhere to the following Terms.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SITE OR
ANY CONTENT ON THE SITE OR ANY SERVICES. BY ACCESSING THE SITE OR ANY
CONTENT ON THE SITE OR ANY SERVICES, YOU ACCEPT AND AGREE, ON YOUR OWN
BEHALF AND ON BEHALF OF ANY CORPORATION OR OTHER LEGAL ENTITY THAT
YOU REPRESENT OR FOR WHICH YOU ACCESS THE SERVICES (YOUR “COMPANY”),
TO BECOME BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL THE TERMS,
THEN YOU MAY NOT ACCESS THE SITE OR USE ANY OF THE CONTENT OR ANY
SERVICES IN THE SITE. REDAS’ ACCEPTANCE IS EXPRESSLY CONDITIONED
UPON YOUR ASSENT TO ALL OF THESE TERMS, TO THE EXCLUSION OF ALL
OTHER TERMS; IF THESE TERMS ARE CONSIDERED AN OFFER BY REDAS,
ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
MODIFICATIONS TO THESE TERMS:
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REDAS reserves the right, at its sole discretion, to modify
or replace the Terms of Service at any time. All such changes
are effective immediately upon notice, which we may give by
any means, including, but not limited to, by posting a
revised version of these Terms or other notice on our Site.
You should view these Terms often to stay informed of
changes that may affect you. Your use of our Site and
Services constitutes your continuing agreement to be
bound by these Terms, as they are amended from time
to time. We expressly reserve the right to make any
changes that we deem appropriate from time to time
to our Site or to any information, application,
text, data, databases, graphics, images, sound
recordings, audio and visual clips, logos, software,
opportunities, features, services, and other
materials within the Services (all such materials,
and any compilation, collection, or arrangement
thereof, the “Content”).
PRIVACY POLICY:
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Information that you provide to us or that we collect about you
and your Company through your access and usage of the Site and
Services is subject to our Privacy Policy, the terms of which
are hereby incorporated by reference into these Terms. We
encourage you to read and become familiar with our Privacy
Policy.
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When you use our services, we may create anonymised statistical
data from your data and usage of our services, including through
aggregation. Once anonymised, we may use it for our own
purposes, such as to provide and improve our services, to
develop new services or product offerings, to identify
business trends, and for other uses we communicate to you.
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The types of information we collect include, but are
not limited to, the following:
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Payment information processed by our payment processor;
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Personalization information, such as an uploaded profile photo;
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Identifiers: A real name, alias, postal address, email
address, unique personal identifier, online identification,
Internet Protocol address, email address, account name,
Social Security number, driver’s license number, passport
number, current or past job history, or other similar
identifiers;
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Commercial Information: Records of personal property,
products or services purchases, obtained, or considered,
or other purchasing or consuming histories or tendencies;
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Usage: Information on the users interaction the solution; and/or
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Geolocation data: Physical location.
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The information that we collect is used to perform our contractual
obligations and for our other legitimate interests. In some
cases, we may ask you for your consent to use your information,
but any consent will be presented to you separately from this
Privacy Policy. We may use your personal information for
purposes including, but not limited to, the following:
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To deliver services, products, or transactions that
you have requested;
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To improve our website, including upgrading security measures;
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To send you promotional materials or communications regarding
our content and services that we believe may be of interest
and value to you;
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To evaluate the products and services that we offer and
develop new or improved products or services and to better
understand REDAS’ business environment;
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For educational purposes, such as polls conducted in webinars; and/or
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To conduct general research on topics of interests to REDAS
and its customers.
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We may share your information for any of these purposes with the
following individuals and entities:
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Vendors engaged by REDAS to provide certain services to you,
including, but not limited to, payment processing management.
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Services used by REDAS to aid our ability to provide the
best possible experience to you.
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REDAS may need to share your information for law enforcement
or other legal purposes. This type of sharing may be
necessary in connection with a lawsuit, claim or
investigation, governmental inquiry, court order,
enforcement of legal rights (e.g., contract terms,
intellectual property rights, etc.), safety issue,
or other similar legal or security matter. Sharing your
information for these reasons is not a regular event,
but could arise from time to time. We will strive to
limit the types and amount of information we may
need to share for legal purposes to that which
is reasonably necessary.
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We may share (or receive) information about you, including
personal contact information, in the event of an acquisition,
merger, sale, corporate restructuring, bankruptcy, or other
similar event that involves REDAS. If such an event occurs,
REDAS will take reasonable steps to require that your
information be handled in accordance with this Privacy
Policy.
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If you do not want to receive promotional or marketing
communications from REDAS, you may opt-out at any time by
clicking the “unsubscribe” link at the end of our emails.
If you choose to unsubscribe, we will retain your contact
information to ensure that we do not contact you again.
If you are located in the European Union, you may have
the following legal rights under European Union law:
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To withdraw consent at any time, if we are processing your
information on the basis of consent;
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To access the personal information REDAS has about you;
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To request that REDAS rectify or erase your information;
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To request that REDAS restrict the way it uses your information;
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To object to the way REDAS uses your information;
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To ask REDAS to transfer your personal information to someone else;
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To lodge a complaint with a data protection agency in the European Union;
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EU residents that would like to request that their data be
securely removed from our systems please follow these steps
outlined in our Data Removal Process. If you are unable to
remove the data please send a request to admin@redastech.com
and REDAS will remove all relevant data, so long as that
removal is technically feasible and does not violate other
regulatory or legal standards with which REDAS must comply.
INTELLECTUAL PROPERTY AND USAGE RIGHTS:
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REDAS shall retain all worldwide rights in the intellectual
property of the Site and any content on the Site, including,
but not limited to, trademarks, the “look and feel” of the
Site, its color combinations, layout, and all other graphical
elements, and the copyright in and to its original content.
You should assume that everything you read or see on the
Site is copyrighted or otherwise protected and owned by
REDAS, or a third party who licensed the right to use
such content to REDAS. Unless otherwise expressly noted,
nothing that you read or see on the Site or other site
content, or any of the source code or HTML code that
REDAS uses to generate the Site or Services may be
copied, reproduced, modified, distributed, transmitted,
republished, displayed, or performed for commercial
use without the prior written consent of REDAS,
except as provided in the Terms of Service,
without prior written consent or otherwise
permitted by relevant law. You acknowledge
and agree that the Content constitutes valuable
proprietary information that is protected by
applicable intellectual property and other
proprietary rights, laws, and treaties of
the United States and other countries, and
that you acquire no ownership interest by
accessing or using the Services or the
Content. Such intellectual property and
proprietary rights may include, but are
not limited to, copyrights, trademarks
and service marks, trade dress, and
trade secrets, and all such rights
are the property of REDAS or its licensors
and Content providers.
END USER LICENSE AND ACCESS AND USE:
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You may access and use the Services only for your personal use
(or, if accessing the Services on behalf of a Company, only your
Company’s own internal use). Any other access to or use of the
Services or the Content constitutes a violation of these Terms and
may violate applicable copyright, trademark, or other laws. We
make no representation that the Content is appropriate or
available for use in your location. A reference to a product or
service on our applications or websites does not imply that such
product or service is or will be available in your location. The
Content, including advertising content, is intended for use and
display only where its use and display are permissible in accordance
with applicable laws and regulations. Each product or service is void
where prohibited by law.
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You may not access, use, or copy any portion of our applications,
websites, or of the Content through the use of bots, spiders, scrapers,
web crawlers, indexing agents, or other automated devices or mechanisms.
You agree not to remove or modify any copyright notice or trademark
legend, author attribution, or other notice placed on or contained
within any of the Content. Except as expressly authorized by us in
writing, in no event will you reproduce, redistribute, duplicate,
copy, sell, resell, or exploit for any commercial purpose any portion
of our applications, websites, or the Content or any access to or use
of our applications, websites, or the Content.
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To the extent that REDAS provides for the download of any REDAS
software from the Site and any information or documentation related
thereto, such Services are protected by the applicable copyright, patent
or other intellectual property rights of either REDAS or the third-party
licensor. Any use of the Services are subject to the terms of the
applicable end-user or other license terms contained in the files for
such Services. You are permitted to use the Services for your personal,
non-commercial use, your Company’s commercial use, or legitimate
internal business purposes related to your role as a contractor of
REDAS, partner of REDAS, or current or prospective customer of REDAS.
As between the parties, REDAS solely shall own and hereby retains all
rights, title and interest in and to the Services (including, without
limitation, all patent, copyright, trademark, trade secret and other
intellectual or industrial property rights embodied in the Services).
You shall not reverse engineer or attempt to discover any source code
or underlying ideas or algorithms of any Services (except to the
extent that applicable law expressly prohibits such a reverse engineering
restriction or to the extent the specific Services were provided in
source code form by REDAS).
RESTRICTIONS ON ACCESS:
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You represent and agree that all information that you provide to
us in connection with your access to and use of the Services is
true, accurate, and complete to the best of your knowledge and
belief. REDAS reserves the right, in its sole discretion, to
terminate your access to all or part of the Services, without
notice or liability, for any reason, including, but not limited
to the breach of any agreement between you and REDAS, including,
without limitation, these Terms. Following any such termination
of access, you will continue to be bound hereunder to the fullest
extent applicable.
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Upon being notified that your access is terminated, you must destroy
any materials you have obtained from the Services. You may not access
the Services after your access is terminated without our written approval.
After terminating your access, REDAS will retain all rights, including
all intellectual property rights, proprietary rights, and licenses retained
in these Terms, and the limitations upon your use and treatment of Content
will remain in full force.
ACCOUNTS:
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To set up an account with us, you will be asked to provide your first
and last name, email address, a password, and other personal
information as may be required. You also must acknowledge and agree
to these Terms to create an account. You must provide accurate
information when setting up an account and keep all account
information current.
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You are responsible for maintaining the confidentiality of your
password and account. You are fully responsible for all uses of your
password and account, including any unauthorized use. You agree to:
(a) keep your password confidential and not share it with anyone else,
and (b) immediately notify us of any unauthorized use of your password
or account.
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You acknowledge and agree that we are authorized to act on
instructions received through use of your password and account, and
that we may, but are not obligated to, deny access or block any transaction
made through use of your password or account without prior notice if we
believe your password and account are being used by someone other than
you, or for any other reason.
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When you register an account with us, you will be prompted to give
your consent to our processing of your personal data. By indicating
your consent, you expressly authorize REDAS to collect and process
your personal data consistent with the purposes described in our
Privacy Policy.
END USER SUPPLIED CONTENT:
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You will retain ownership of all Content that you post and
permit us to use. You hereby grant to REDAS the royalty-free,
perpetual, irrevocable, worldwide, non-exclusive right and
license to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, perform, and display
all content, remarks, suggestions, ideas, graphics, or other
information communicated to REDAS through the Services or any
Content (together, the “Submission”), and to incorporate any
Submission in other works in any form, media, or technology
now known or later developed. In the absence of a specific
agreement with REDAS to the contrary, REDAS will not be
required to treat any Submission as confidential, and may
use any Submission in its business (including without
limitation, for services, products, or advertising) without
incurring any liability for royalties or any other consideration
of any kind, and will not incur any liability as a result of any
similarities that may appear in future REDAS operations.
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You understand that we may, but shall not be obligated to, use
your Content. You understand that we may remove Content from any
use or material for any reason and at any time, without notice.
You understand we cannot be responsible for any third party use
of your Content, even if that use is derived from our use.
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By posting any Content through our Services, you provide your
consent for REDAS to process any of your personal data contained
in such posts.
END USER CONDUCT:
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In connection with your access and use of the Services and that
of any person authorized by you to access and use the Services,
you are responsible for complying with all applicable laws,
regulations, and policies of all relevant jurisdictions,
including all applicable local rules regarding online conduct.
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You may not post, send, submit, publish, or transmit in connection
with the Services or any Content any material that:
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You do not have the right to transmit, including proprietary
material of any third party;
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Advocates illegal activity or discusses an intent to commit
an illegal act;
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Is vulgar, obscene, pornographic, or indecent;
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Does not pertain directly to the Services;
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Threatens or abuses others, libels, defames, invades privacy,
stalks, is obscene, pornographic, racist, abusive, harassing,
threatening, or offensive;
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Seeks to exploit or harm children by exposing them to
inappropriate content, asking for personally identifiable details,
or otherwise;
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Infringes any intellectual property or other right of any
entity or person, including violating anyone’s copyrights or
trademarks or their rights of publicity;
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Violates any law or may be considered to violate any law;
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impersonates or misrepresents your connection to any other
entity or person or otherwise manipulates headers or
identifiers to disguise the origin of the content;
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Advertises any commercial endeavor or otherwise engages in any
commercial activity except as may be specifically authorized or by
any applicable Services Agreement;
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Solicits funds, advertisers, or sponsors in a manner inconsistent
with any regulatory or legal standards with which REDAS must comply;
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includes programs that contain viruses, worms, and/or Trojan horses
or any other computer code, files, or programs designed to interrupt,
destroy, or limit the functionality of any computer software or
hardware or telecommunications;
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disobeys any policy or regulations established from time to
time regarding use of the Services or any networks connected
to our applications and websites; or
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contains links to other sites that contain content that falls
within the descriptions set forth above.
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REDAS reserves the right to monitor use of the Services and Content
to determine compliance with these Terms at its sole discretion, as
well as the right to remove or refuse any information for any
reason. Notwithstanding these rights, you remain solely responsible
for the content of your Submissions. You acknowledge and agree
that neither REDAS nor any third party that provides Content to
REDAS will assume or have any liability for any action or
inaction by REDAS or such third party with respect to any
Submission.
PROMOTIONAL AND OTHER INFORMATION:
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We may make information regarding specific programs, offers
or promotions, which we are conducting, available on our
applications and websites. Any such program, offer or promotion
is subject to the specific terms, conditions and restrictions
listed on the applications and websites in connection with
such program, offer or promotion. We reserve the right to alter
or withdraw any program, offer or promotion at any time.
Each program, offer and promotion is void where prohibited
by law. Please refer to and read carefully the terms,
conditions and restrictions included on the applications and
websites in connection with each program, offer or promotion.
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Our applications and websites may contain technical inaccuracies
and typographical errors, including but not limited to
inaccuracies relating to pricing or availability applicable to
your transaction. We do not assume responsibility or liability
for any such inaccuracies, errors or omissions, and shall have
no obligation to honor reservations or information affected by
such inaccuracies. We reserve the right to make changes,
corrections, cancellations and/or improvements to our applications
and websites, and to the products and programs described therein,
at any time without notice, including after confirmation of a
transaction.
NOTICE FOR CLAIMS OF INTELLECTUAL PROPERTY OR COPYRIGHT INFRINGEMENT:
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REDAS respects the intellectual property of others, and,
particularly as to user-generated content, as applicable, we
ask our users to do the same. In appropriate circumstances and
at our sole discretion, we may terminate and/or disable the access
of users suspected to be infringing the copyrights (or other
intellectual property rights) of others. Additionally, in
appropriate circumstances and in our sole discretion, we may
remove or disable access to Content or other material on any
of our applications and websites or hosted on our systems that
may be infringing or the subject of infringing activity.
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In accordance with the Digital Millennium Copyright Act of 1998,
Title 17 of the United States Code, Section 512 (“DMCA”), we
will respond promptly to claims of copyright infringement that
are reported to the agent that we have designated to receive
notifications of claims infringement (its “Designated Agent”).
Our Designated Agent may be reached via email
at: admin@redastech.com, and via regular mail
at: REDAS LLC, Attention: Copyright Agent, 216 N. 4th Street,
Suite 202, Lafayette, IN 47901.
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If you are a copyright owner (or authorized to act on behalf of
the copyright owner) and have a good faith belief that your
work’s copyright has been infringed, please report your notice
of infringement to us by providing our Designated Agent with a
written notification of claimed infringement that includes
substantially the following:
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an electronic or physical signature of the person authorized
to act on behalf of the owner of an exclusive right that is
allegedly infringed;
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a description of the copyrighted work or other intellectual
property claimed to have been infringe, or, if multiple
copyrighted works at a single online site are covered by a
single notification, a representative list of such works at
that site;
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a description of where the material that you claim
is infringing is located;
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information reasonably sufficient to permit us to contact
you, such as your address, telephone number, and email
address;
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a statement by you that you have a good faith belief that
the disputed use is not authorized by the copyright owner,
its agent, or the law; and
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a statement by you, made under penalty of perjury, that the
above information in your notice is accurate and that you
are the copyright or intellectual property owner or
authorized to act on the copyright or intellectual property
owner’s behalf.
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Please note that Section 512(f) of the Digital Millennium
Copyright Act may impose liability for damages on any person
who knowingly sends meritless notices of infringement. Please
do not make false claims.
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Any information or correspondence that you provide to us may be
shared with third parties, including the person who provided us
with the allegedly infringing material.
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Upon receipt of a bona fide infringement notification by the
Designated Agent, it is our policy to remove or disable access
to the infringing material, notify the user that it has removed
or disabled access to the material, and, for repeat offenders,
to terminate such user’s access to the service.
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If you believe that your content should not have been removed
for alleged copyright infringement, you may send our Designated
Agent a written counter-notice with the following information:
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identification of the copyrighted work that was removed,
and the location where it would have been found prior to
its removal;
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a statement, under penalty of perjury, that you have a good
faith belief that the content was removed as a result of
a mistake or misidentification; and
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your physical or electronic signature, together with your
contact information (address, telephone number and, if
available, email address).
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If a counter-notice is received by the Designated Agent, we may
send a copy of the counter-notice to the original complaining
party informing that person that it may replace the removed
material or cease disabling it in 10 business days. Unless
the copyright owner files an action seeking a court order
against the user, the removed material may be replaced or
access to it restored in 10 to 14 business days or more
after receipt of the counter-notice, at our discretion.
LINKING AND FRAMING:
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REDAS does not object to links on third-party sites to the
homepage of the Site in an appropriate context. However,
“framing” or “mirroring” the Site or any of its Content and/or
Services is hereby prohibited without the prior written
consent of REDAS. The Site may provide links to other sites
or resources available on the Internet. Because REDAS has
no control over such sites and resources, you understand,
acknowledge, and agree that REDAS is not responsible for
the availability of such external sites or resources, and
does not endorse and is not responsible or liable for any
content, advertising, products or other materials on or
available from such sites or resources. You further
acknowledge and agree that REDAS shall not be responsible or
liable, directly or indirectly, for any damage or loss caused
or alleged to be caused by or in connection with use of or
reliance on any such content, goods or services available
on or through any such site or resource.
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Third-party products are subject to terms and conditions and
privacy notices set by their providers. These include how the
provider will use your data that you make available to them.
Be sure to read and make sure you agree to their terms and
conditions and understand their approach on personal and
non-personal data before you connect to them. The descriptions
of third-party products that we publish, and any associated
links, have been provided to us by the providers. While we
make reasonable efforts to check the accuracy of the
descriptions, the providers are solely responsible for any
representations contained in those descriptions. We don’t
endorse or assume any responsibility for third-party products
or services.
SECURITY:
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REDAS takes such commercially reasonable measures as it deems
appropriate to secure and protect information transmitted to
and from its Site and Services, including Secure Sockets Layer
(SSL) and Hypertext Transfer Protocol Secure (HTTPS). We have
invested in technical, physical, and administrative safeguards
to do our part to help keep your data safe and secure.
Nevertheless, we cannot and do not guarantee that any such
transmissions are or will be totally secure.
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You are responsible for maintaining the confidentiality of any
information about you, including any username and any password
used in connection with your use of the Site and Services. You
agree to notify REDAS immediately if you discover loss or access
to such information by another party not under your control and
supervision. REDAS will not be liable for any loss or damage
arising from the unauthorized use of your username or password.
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We may introduce security features to make your account more
secure, such as two-step authentication. Depending on where you
are located or what services you are using, we may require you
to adopt some of these features. Where we make the use of
security features optional, you are responsible for any
consequences of not using those additional features. We
strongly encourage you to use all optional security features
available.
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You have an important part to play by keeping your login details
secure, not letting any other person use them, and by making
sure you have strong security on your own systems. If you
realise there has been any unauthorised use of your password or
any breach of security to your account or email address linked
to your account, you need to let us know immediately.
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If we have reason to suspect that there has been unauthorised
access to personal data inside your subscription, we will let
you know and give you information about what activity has
occurred. Depending on the nature of the unauthorised access,
and the location of your affected contacts, you may be required
to assess whether the unauthorised access must be reported to
the contact and/or a relevant authority.
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You are prohibited from violating or attempting to violate the
security of the Site in any way. REDAS will investigate
occurrences of possible violations and will cooperate with all
applicable law enforcement authorities in prosecuting violators.
DISCLAIMER:
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Diligent care has been taken in acquiring and providing
the information included and posted on the Site. Nonetheless,
REDAS makes no guarantee or warranty, express or implied, as
to the reliability, accuracy, timeliness or completeness of
that information and assumes no responsibility for any errors
or omissions therein.
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THE USE OF THE SERVICES BY YOU AND YOUR COMPANY IS AT YOUR AND
ITS SOLE RISK. THE SITE AND ALL CONTENT ON THE SITE AND SERVICES
ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY
OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE
SPECIFICALLY DISCLAIMED.
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NEITHER REDAS NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD
PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING
FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON THE
SITE OR SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS,
LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL,
CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS
DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM
NEGLIGENCE OR OMISSION OF REDAS, COMPUTER VIRUS OR OTHER SIMILAR
ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE
OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. REDAS IS NOT
LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS
OF THIRD PARTIES THAT AFFECT THIS SITE. IN NO EVENT WILL REDAS OR
ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY
CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTIOUS OR ILLEGAL
CONDUCT OF OTHER USERS. IN NO EVENT WILL REDAS OR ANY OF ITS
AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY
DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL
INJURY THAT ARISES IN CONNECTION WITH USE OF THE SITE.
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ANY PROJECTIONS, OPINIONS, ASSUMPTIONS OR ESTIMATES CONTAINED
WITHIN THE SITE AND SERVICES ARE FOR EXAMPLE ONLY, AND SUCH
PROJECTIONS, OPINIONS, ASSUMPTIONS OR ESTIMATES MAY NOT
REPRESENT CURRENT OR FUTURE PERFORMANCE OF A LISTED PROPERTY.
YOU AND YOUR TAX AND LEGAL ADVISORS SHOULD CONDUCT YOUR OWN
INVESTIGATION OF ANY PROPERTY LISTED ON THIS SITE AND ANY
CONTEMPLATED TRANSACTION CONCERNING ANY PROPERTY LISTED ON THIS
SITE. THE SITE AND SERVICES DO NOT NECESSARILY PROVIDE A
COMPLETE SUMMARY OR ANALYSIS OF POTENTIALLY RELEVANT MATTERS
AND MAY BE BASED, AMONG OTHER THINGS, ON HISTORIC INFORMATION
OR INFORMATION AVAILABLE AT A GIVEN TIME OR UNVERIFIED THIRD
PARTY INFORMATION WHICH MAY CHANGE OR BE OR BECOME INACCURATE,
AND NO ASSURANCE IS GIVEN AS TO ITS ACCURACY, COMPLETENESS OR
RELIABILITY. UNDER NO CIRCUMSTANCES SHALL REDAS BE LIABLE FOR
ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE
ACCESS OR USE OF, OR THE INABILITY TO ACCESS OR USE, THE
CONTENT CONTAINED WITHIN THE SITE. YOU ARE RESPONSIBLE FOR
YOUR OWN INVESTMENT RESEARCH AND INVESTMENT DECISIONS. THE
SITE AND SERVICES SHOULD NOT BE DEEMED AS A RECOMMENDATION TO
BUY OR SELL INTERESTS IN ANY ENTITY OR SECURITY OR PROPERTY.
REDAS CANNOT AND DOES NOT GUARANTEE THE SUCCESS OF ANY
INVESTMENT. PAST PERFORMANCE IS NOT INDICATIVE OF FUTURE
RESULTS AND NO ASSURANCE CAN BE MADE THAT PROFITS WILL BE
ACHIEVED OR THAT SUBSTANTIAL LOSSES WILL NOT BE INCURRED. ALL
INVESTMENTS INVOLVE RISK AND LOSS OF CAPITAL.
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REDAS IS NOT A REGISTERED INVESTMENT ADVISOR, BROKER/DEALER,
FINANCIAL ANALYST, FINANCIAL BANK, SECURITIES BROKER, FINANCIAL
PLANNER, REAL ESTATE BROKER, AND/OR REAL ESTATE AGENT. REDAS
DOES NOT PROVIDE TAX, LEGAL, OR ACCOUNTING ADVICE. ALL CONTENT
HAS BEEN PREPARED FOR INFORMATIONAL PURPOSES ONLY, AND IS NOT
INTENDED TO PROVIDE, AND SHOULD NOT BE RELIED ON FOR, TAX,
LEGAL, OR ACCOUNTING ADVICE. YOU SHOULD CONSULT YOUR OWN TAX,
LEGAL, AND ACCOUNTING ADVISORS BEFORE ENGAGING IN ANY TRANSACTION.
LIMITATION OF LIABILITY:
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In no event will REDAS or its affiliates, property owners,
contractors, suppliers, content-providers, and other similar
entities, and the officers, directors, employees,
representatives, and agents of each of the foregoing
(collectively, the “REDAS Parties”), be liable to you, your
Company, or any third party for any losses or damages, alleged
under any legal theory, arising out of or in connection with:
(a) your use of, or reliance on, the Services or the Content
or (b) the REDAS Parties’ performance of or failure to perform
their obligations in connection with these Terms.
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Under no circumstances will the REDAS Parties be liable to you,
your Company, or any third party for any indirect,
consequential, incidental, punitive, special, or similar
damages or costs (including, but not limited to, lost profits
or data, loss of goodwill, loss of or damage to property, loss
of use, business interruption, loss of contracts; loss of
anticipated savings; wasted management or office time; claims
of third parties, and for any other loss or damage of any kind,
however arising and whether caused by tort (including
negligence), breach of contract or otherwise) arising out of or
in connection with these Terms or the use of the Services or
the Content, or the transmission of information to or from our
applications and websites over the Internet, even if they were
advised, knew, or should have known of the possibility of such
damages or costs. In a jurisdiction that does not allow the
exclusion or limitation of liability for certain damages, the
liability of the REDAS Parties will be limited in accordance
with these Terms to the extent permitted by law.
-
Without limiting any of the foregoing, if the REDAS Parties
are found liable to you or to any third party as a result of
any claims or other matters arising under or in connection
with these Terms, the Services, or your use of the Services,
the maximum liability for all such claims and other matters
will not exceed $100 in any calendar year.
INDEMNIFICATION:
-
You agree to defend, indemnify, and hold harmless the REDAS
Parties and their officers, directors, employees,
representatives, and agents, against all claims, demands,
suits, or other proceedings, and all resulting loss, damage,
liability, cost, and expense (including reasonable attorneys’
fees), made by any third party arising out of: (a) your access
to and use of the Content, the Services, and other materials,
products, and services available on or through the Services and
the REDAS Parties; (b) your violation of these Terms; (c) your
violation of any rights of any third party; and (d) your
website. We reserve, and you grant to us, the right to assume
the exclusive defense and control of any matter subject to
indemnification by you.
ARBITRATION AND DISPUTE RESOLUTION AGREEMENT:
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PLEASE READ THIS FOLLOWING CLAUSE CAREFULLY – IT MAY
SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT
TO FILE A LAWSUIT IN COURT.
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We are available by email at support@redastech.com to address
any concerns you may have regarding our use of the Content.
Most concerns may be quickly resolved in this manner. We and
you (each a “party” and together, the “parties”) shall use best
efforts to settle any dispute, claim, question or disagreement
directly through consultation and good faith negotiations
which shall be a precondition to either party initiating a
lawsuit or arbitration.
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If the parties do not reach an agreed upon solution within a
period of thirty (30) days from the time informal dispute
resolution is pursued pursuant to section 16.a above, then
either party may initiate binding arbitration. All claims
arising out of or relating to these Terms (including their
formation, construction, validity, interpretation, performance
and enforceability), the parties’ relationship with each other
and/or our use of the Content shall be finally settled by
binding arbitration administered by the American Arbitration
Association on a confidential basis in accordance with the
provisions of its Commercial Arbitration Rules and the
supplementary procedures for consumer related disputes of the
American Arbitration Association (the “AAA”), excluding any
rules or procedures governing or permitting class actions.
The arbitrator, and not any federal, state or local court or
agency, shall have exclusive authority to resolve all disputes
arising out of or relating to the interpretation, applicability,
enforceability or formation of these Terms, including but not
limited to any claim that all or any part of these Terms is void
or voidable. The arbitrator shall be empowered to grant whatever
relief would be available in a court under law or in equity.
The arbitrator’s award shall be binding on the parties and may
be entered as a judgment in any court of competent jurisdiction.
The interpretation and enforcement of this agreement shall be
governed by the Federal Arbitration Act.
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THE AAA’S RULES GOVERNING THE ARBITRATION MAY BE ACCESSED AT
WWW.ADR.ORG OR BY CALLING THE AAA AT 1.800.778.7879. TO THE
EXTENT THE FILING FEE FOR THE ARBITRATION EXCEEDS THE COST OF
FILING A LAWSUIT, WE WILL PAY THE ADDITIONAL COST. A REQUEST
FOR PAYMENT OF FEES SHOULD BE SUBMITTED TO AAA ALONG WITH YOUR
FORM FOR INITIATING THE ARBITRATION, AND WE WILL MAKE
ARRANGEMENTS TO PAY ALL NECESSARY FEES DIRECTLY TO THE AAA. IF
THE ARBITRATOR FINDS THE ARBITRATION TO BE NON-FRIVOLOUS, WE
WILL PAY ALL OF THE ACTUAL FILING AND ARBITRATOR FEES FOR THE
ARBITRATION, PROVIDED YOUR CLAIM DOES NOT EXCEED $75,000. THE
ARBITRATION RULES ALSO PERMIT YOU TO RECOVER ATTORNEYS’ FEES IN
CERTAIN CIRCUMSTANCES.
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THE PARTIES UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION,
THEY WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY
TRIAL. THEY FURTHER UNDERSTAND THAT, IN SOME INSTANCES, THE
COSTS OF ARBITRATION COULD EXCEED THE COSTS OF LITIGATION AND
THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAT
IN COURT.
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CLASS ACTION AND CLASS ARBITRATION WAIVER. THE PARTIES FURTHER
AGREE THAT ANY ARBITRATION SHALL BE CONDUCTED IN THEIR
INDIVIDUAL CAPACITIES ONLY AND NOT AS A CLASS ACTION OR OTHER
REPRESENTATIVE ACTION, AND THE PARTIES EXPRESSLY WAIVE THEIR
RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS.
IF ANY COURT OR ARBITRATOR DETERMINES THAT THE CLASS ACTION
WAIVER SET FORTH IN THIS PARAGRAPH IS VOID OR UNENFORCEABLE
FOR ANY REASON OR THAT AN ARBITRATION CAN PROCEED ON A CLASS
BASIS, THEN THE ARBITRATION PROVISION SET FORTH ABOVE IN SECTION
16.b SHALL BE DEEMED NULL AND VOID IN ITS ENTIRETY AND THE
PARTIES SHALL BE DEEMED TO HAVE NOT AGREED TO ARBITRATE DISPUTES.
MISCELLANEOUS:
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These Terms and the Privacy Policy (as each may be revised
and amended from time to time according to their respective
terms) collectively constitute the entire agreement with
respect to your access to and use of the Services and the
Content.
-
Our electronically or otherwise properly stored copy of these
Terms will be deemed to be the true, complete, valid,
authentic, and enforceable copy, and you agree that you will
not contest the admissibility or enforceability of our copy of
these Terms in connection with any action or proceeding
arising out of or relating to these Terms.
-
Any provisions of these Terms that are reasonably inferable
to have been intended to survive termination (including, but
not limited to, any provisions regarding limitation of our
liability or indemnification) will continue in effect beyond
any such termination of access to the Services.
-
These Terms do not confer any rights, remedies, or benefits
upon any person other than you.
-
We may assign our rights and duties under these Terms at any
time to any third party without notice. You may not assign
these Terms without our prior written consent.
-
Our waiver of any breach of these Terms will not be a waiver
of any preceding or subsequent breach thereof.
-
If any provision of these Terms is held to be invalid or
unenforceable, that provision will be stricken and will not
affect the validity and enforceability of any remaining
provisions.
-
Possible evidence of use of the Services for illegal purposes
will be provided to law enforcement authorities.
-
Discontinuation of use of the Services is your sole right and
remedy for any dissatisfaction with the Services or any of the
Content.
OTHER AGREEMENTS:
-
If you have entered into a separate agreement with REDAS
with respect to your use of the Services or any Content,
that agreement will supersede these Terms to the extent they
are in conflict.
QUESTIONS:
-
Please contact us with any questions regarding the Services
or these Terms at: REDAS LLC, 216 N. 4th Street, Suite 202,
Lafayette, IN 47901
ACKNOWLEDGEMENT:
-
BY ACCESSING AND USING THE SITE AND/OR SERVICES, YOU AFFIRM
THAT YOU HAVE READ THESE TERMS, UNDERSTAND THESE TERMS IN
THEIR ENTIRETY, FULLY ACCEPT THESE TERMS, AND AGREE TO BE
BOUND BY THESE TERMS AND THE PRIVACY POLICY.
Last Updated: December 11th, 2020