These Terms and Conditions ("Terms and Conditions" or "Agreement") apply to all: (a) transactions through the RedCapture.com website and all other websites owned and operated by Red Capture, LLC. ("Red Capture"), including, but not limited to, your purchase of the membership based products known as RedCapture.com (collectively, the "Products"); (b) your access to and use of text, pictures, graphics, logos, button items, icons, images, works of authorship and other information and all revisions, modifications, and enhancements thereto (the "Content").
Your order of, use of, and access to, the products, product websites and content are subject to all terms and conditions contained herein and all applicable laws and regulations. Please read these terms and conditions carefully. Your order of, acceptance of, use of, and/or access to, the products, product websites and/or content constitutes your agreement to abide by each of the terms and conditions set forth herein. If you do not agree with any of these terms or conditions, do not order, use or access any product, product website or content, or any of the information within the product, product website, or content, discard the products you received immediately and login to your account to cancel your account in the billing section or email customer service at [email protected].
This Agreement may be updated from time to time. Online customers should check the Product Websites regularly for updates to these Terms and Conditions. Each time you order, access or use any of the Products, Product Websites, and/or Content, you signify your acceptance and agreement, without limitation or qualification, to be bound by the then current Agreement.
In consideration of your order of, access to, and/or use of any Product, Product Website, and/or Content you agree to provide true, accurate, complete and current information about yourself when prompted to do so by the registration and application forms or requested to do so by Red Capture. By registering, you certify that you are eighteen (18) years of age or older. If any information you provide is untrue, inaccurate or not current, or if Red Capture has reasonable grounds to suspect that such information is untrue, inaccurate or not current, Red Capture, at its sole discretion, has the right to suspend or terminate your order of, use of, and/or access to, any Product, Product Website and/or Content, and refuse all current or future orders of, use of, and/or access to, any Product, Product Website and/or Content, or suspend or terminate any portion thereof. Further, you agree that Red Capture will not be liable to you or any third party if Red Capture suspends or terminates your order of, use of, or access to any Product, Product Websites or Content, or any portion thereof, for any reason.
While enrolling for the products and/or services, we may ask you for the following types of information: contact information (such as name, address, phone number, and e-mail address); sensitive information (such as date of birth); personal information to verify your identity and information (such as credit card number). This information is required in order to verify your identity, charge you the agreed upon fees for our products and services, and to fulfill our obligation to provide our products and services to you, including communicating with third parties as necessary to provide such products and services, such as identification verification companies, consumer reporting agencies, payment validation companies, law enforcement agencies, or others.
You understand and agree that all claims, disputes or controversies between you and red capture, and its parents, affiliates, subsidiaries or related companies, including but not limited to tort and contract claims, claims based upon any federal, state or local statute, law, order, ordinance or regulation, and the issue of arbitrability, shall be resolved by final and binding arbitration at a location determined by the arbitrator. Any controversy concerning whether a dispute is arbitrable shall be determined by the arbitrator and not by the court. Judgment upon any award rendered by the arbitrator may be entered by any state or federal court having jurisdiction thereof. This arbitration contract is made pursuant to a transaction in interstate commerce and its interpretation, application, enforcement and proceedings hereunder shall be governed by the federal arbitration act ("faa"). Neither you nor red capture shall be entitled to join or consolidate claims in arbitration by or against other consumers or arbitrate any claim as a representative or member of a class or in a private attorney general capacity. The parties voluntarily and knowingly waive any right they have to a jury trial.
Red Capture may, at its discretion, modify or discontinue any of the Products, Product Websites or Content, or any portion thereof, with or without notice. You agree that Red Capture will not be liable to you or any third party for any modification or discontinuance of any of the Products, Product Websites or Content.
For online customers, access to and use of password protected and/or secure areas of the Product Websites are restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Product Websites may be subject to prosecution.
Because Red Capture uses security measures designed to protect your privacy and to safeguard your information, Red Capture may not always be able to successfully provide Products to you. For other products, Red Capture cannot offer a manual authentication process and will be unable to fulfill all products in your membership or order if you fail online authentication one or more times.
Red Capture may use your personal information to the extent necessary to process your order and/or engage in business maintenance.
By submitting your order, you acknowledge receipt of our Privacy Notice and agree to its terms.
You must have an email address and a Java-compatible browser such as Netscape Navigator 6.0 or higher, Internet Explorer 5.0 or higher, or AOL 8.0 or higher to receive your Products online. As an online customer, you are agreeing to receive all notifications via email or text message at the email address or mobile phone number on file with Red Capture. To ensure receipt of all notifications, you are obligated to update the email address and mobile phone number on file when your email address or mobile phone number changes.
You expressly understand and agree that your use of the products, product websites and content is at your sole risk. All products, product websites and content are provided on an "as is" or "as available" basis. Red capture and its suppliers expressly disclaim all warranties, guarantees and conditions of any kind whether express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title or noninfringement. The information contained in the products, product websites, content or other materials you may receive from red capture do not constitute legal, tax, accounting or other professional advice. Red capture makes no warranty that (i) the products and content are accurate, timely, uninterrupted or error-free; and (ii) any results that may be obtained from the use of the products or content will be reliable.
If you are using an activation code to obtain a Product, you are restricted to a one-time use of such activation code. Any subsequent use of the activation code will result in immediate termination of any associated Products without notice and in accordance with the termination provision(s) in the section entitled "Use of the Products," found herein. Please note that if you improperly obtain a Product with an activation code, any credit card number you may have provided to us will also be charged with the fee for the Product that was obtained improperly.
You understand and agree that red capture will not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages resulting from or in any way connected to your access to, use, or inability to use the products, product websites, content or membership benefits, or from your access to, use of, inability to use, or reliance upon any linked web site (if applicable), even if red capture has been advised of the possibility of those damages. Some jurisdictions either do not allow or place restrictions upon the exclusion or limitation of damages in certain types of agreements; for these jurisdictions, the aforementioned limitation on liability shall be to the maximum degree permitted by applicable law. If, notwithstanding the above, liability is imposed upon red capture, then you agree that red capture's total liability to you for any or all of your losses or injuries from red capture's acts or omissions, regardless of the nature of the legal or equitable claim, shall not exceed the amount paid by you to red capture for the product(s) you purchase from red capture.
All disputes of any kind, including refund requests must be submitted to Red Capture in writing no later than 60 days from when the disputed charge was posted to your account. You hereby waive all claims, disputes, or refunds requests after the 60 day period. After the 60 day period all charges are deemed to be correct and accurate. When a refund is approved it may take up to 7 business days to be returned to your account Disputes should be sent to; Red Capture, LLC, 5415 High Street, Suite 400, Phoenix, Arizona 85054.
You acknowledge and agree that Red Capture's name, the Red Capture Logo, Page Headers and other Red Capture terms, phrases, graphics, logos, and icons are common law or registered trademarks, service marks, and/or trade dress of Red Capture (collectively "Marks"). You agree you will not use any such Content or Marks for any purpose without the appropriate prior written authorization. Red Capture Marks may not be used in connection with any product or service that is not Red Capture's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Red Capture. All other trademarks, product names, or logos not owned by Red Capture that appear on this Product Website are the property of their respective owners.
All Content included on this Product Website, such as text, graphics, logos, button items, icons, images, data compilation, is the property of Red Capture or its suppliers and is protected by United States and international copyrights laws. All software used on this site is the property of Red Capture or its software suppliers and is protected by United States and international copyright laws Reproduction of such content, in whole or in part, is prohibited without prior consent.