The following terms and conditions govern all use of the finditandbuyit.com website and all content, services and products available at or through the website (taken together, the "Website"). The Website is owned and operated by RedByrd Enterprises. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Website by RedByrd Enterprises (collectively, the "Agreement").
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by RedByrd Enterprises, acceptance is expressly limited to these terms.
1. Your Account.
You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. You must not use your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others. The contents of your account, including your username and profile, must not mislead others into thinking that you are another person or company. RedByrd Enterprises may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause RedByrd Enterprises liability. You must immediately notify RedByrd Enterprises of any unauthorized uses of your account or any other breaches of security. RedByrd Enterprises will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
2. Responsibility of Contributors.
If you post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material, including but not limited to text, photos, graphics, audio, and video, available by means of the Website ("Content"), you are entirely responsible for the content of, and any harm resulting from, that Content. By making Content available, you represent and warrant that:
* the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
* if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, or (ii) secured from your employer a waiver as to all rights in or to the Content;
* you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
* the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
* the Content is not spam, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); and
* the Content is not obscene, libelous or defamatory, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party.
* the Content complies with the RedByrd Enterprises Community Rules and Guidelines
By submitting Content to RedByrd Enterprises for inclusion on the Website, you grant RedByrd Enterprises an irrevocable, world-wide, royalty-free, transferable and non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, create derivative works from, publicly perform and publicly display and distribute such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
Without limiting any of those representations or warranties, RedByrd Enterprises has the right (though not the obligation) to, in RedByrd Enterprises's sole discretion (i) refuse or remove any content that, in RedByrd Enterprises's reasonable opinion, violates any RedByrd Enterprises policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in RedByrd Enterprises's sole discretion. RedByrd Enterprises will have no obligation to provide a refund of any amounts previously paid.
3. Third Party Content.
Third party Content may appear on the Website or may be accessible via links from the Website. RedByrd Enterprises shall not be responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party Content appearing on the Website. You understand that the information and opinions in the third party Content, including that posted by RedByrd Enterprises's employees, agents, and moderators, is neither endorsed by nor does it reflect the opinion of RedByrd Enterprises.
RedByrd Enterprises has not reviewed, and cannot review, all of the material made available through the websites and webpages to which the Website links, and that link to the Website. RedByrd Enterprises does not have any control over those non-RedByrd Enterprises websites and webpages, and is not responsible for their contents or their use. By linking to a non-TheRCHeliStore.com website or webpage, RedByrd Enterprises does not represent or imply that it endorses such website or webpage. RedByrd Enterprises disclaims any responsibility for any harm resulting from your use of non-RedByrd Enterprises websites and webpages.
4. Dealings with Advertisers.
The products listed on the Website are sold by third party merchants, and are not sold by RedByrd Enterprises, nor is RedByrd Enterprises acting as an agent of sale. Participating merchants, manufacturers, and other third parties may pay RedByrd Enterprises to be presented on the Website, but in no event do such payments affect the reviews or ratings given to any product, manufacturer, or merchant by RedByrd Enterprises or participating members. Your correspondence or business dealings with advertisers found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that RedByrd Enterprises shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to RedByrd Enterprises through its suggestion or feedback web pages or through e-mail, you acknowledge and agree that: (i) your Contributions do not contain confidential or proprietary information; (ii) RedByrd Enterprises is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (iii) RedByrd Enterprises shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (iv) RedByrd Enterprises may have something similar to the Contributions already under consideration or in development; (v) your Contributions automatically become the property of RedByrd Enterprises without any obligation of RedByrd Enterprises to you; and (vi) you are not entitled to any compensation or reimbursement of any kind from RedByrd Enterprises under any circumstances.
6. Fees and Payment.
Optional premium paid services, including advertising services, are available on the Website. By selecting a premium service you agree to pay RedByrd Enterprises the fees indicated for that service. Payments will be charged on the day you sign up for a premium service and will cover the use of that service as indicated. Premium service fees are not refundable.
7. Responsibility of Website Visitors.
RedByrd Enterprises has not reviewed, and cannot review, all of the Content posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, RedByrd Enterprises does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. RedByrd Enterprises disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
RedByrd Enterprises does not warrant that product descriptions, pricing, editorial commentary or any other content of the Website, regardless of its source, is accurate, complete, reliable, current or error-free. Website content is provided for informational purposes only and does not constitute an endorsement by RedByrd Enterprises of any product, merchant, seller or service. Consumer reviews and ratings on the Website are from our members who have elected to post a review on the Website. As such, these reviews and ratings are informative for those wishing to use them, but they do not guarantee any level of performance by a product, manufacturer, merchant or other third party in any given transaction. You should not rely on such information in situations where its inaccuracy would cause you to suffer any loss. RedByrd Enterprises assumes no liability for inaccuracy or incompleteness in its search results, editorial content, user ratings or other content on the Website. Under no circumstances will RedByrd Enterprises be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Website.
8. Copyright Infringement and DMCA Policy.
As RedByrd Enterprises asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by TheRCHeliStore.com violates your copyright, you are encouraged to notify RedByrd Enterprises in accordance with RedByrd Enterprises's Digital Millennium Copyright Act ("DMCA") Policy. RedByrd Enterprises will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of RedByrd Enterprises or others, RedByrd Enterprises may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, RedByrd Enterprises will have no obligation to provide a refund of any amounts previously paid to RedByrd Enterprises.
9. Intellectual Property. This Agreement does not transfer from RedByrd Enterprises to you any RedByrd Enterprises or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with RedByrd Enterprises. RedByrd Enterprises, TheRCHeliStore.com, Gear Up and Get Out, The Backcountry Gear Guide, and all other trademarks, service marks, graphics and logos used in connection with RedByrd Enterprises or the Website are trademarks or registered trademarks of RedByrd Enterprises or RedByrd Enterprises's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any RedByrd Enterprises or third-party trademarks.
You acknowledge, consent and agree that RedByrd Enterprises may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of RedByrd Enterprises, its users and the public.
11. Changes. RedByrd Enterprises reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. RedByrd Enterprises may also, in the future, offer new services and/or features through the Website (including the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
RedByrd Enterprises may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Website account (if you have one), you may simply discontinue using the Website. Following termination of your account for any reason, RedByrd Enterprises and its licensees may, at their sole discresion, continue or stop publicly displaying some or all of your content. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
13. Disclaimer of Warranties.
The Website is provided "as is". RedByrd Enterprises and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither RedByrd Enterprises nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
14. Limitation of Liability.
In no event will RedByrd Enterprises, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damagaes; (ii) the cost of procurement or substitute products or services; (iii) for interpution of use or loss or corruption of data; or (iv) for any amounts that increase the fees paid by you to RedByrd Enterprises under this agreement during the twelve (12) month period prior to the date the cause of the action accrues. RedByrd Enterprises shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
16. Indemnification. You agree to indemnify and hold harmless RedByrd Enterprises, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.
This Agreement constitutes the entire agreement between RedByrd Enterprises and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of RedByrd Enterprises, or by the posting by RedByrd Enterprises of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement and any access to or use of the Website will be governed by the laws of the state of Maine, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Iredell County, North Carolina.
The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; RedByrd Enterprises may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.