1. Modifications to this Agreement. We may make changes to this Agreement from time to time in our sole discretion, by updating and posting a revised version of this Agreement on the Site. Your use of the Site following the posting of a new version of the Agreement constitutes your acceptance of any such changes. Accordingly, when you visit this Site you should check to see if a new version of the Agreement has been posted.
2. Use of Site Content. The Site displays various types of content, including: (1) copyrightable materials, such as text, illustrations, photographs, images, graphics, video clips, audio clips, data, technology, software, designs, graphical interfaces, the “look and feel” of the Site, and the compilation, assembly and arrangement of the Site materials and any and all copyrightable material (including source and object code), (2) trademarks, logos, trade names, service marks, other trade identities, and the domain names and URLs associated therewith, whether registered or unregistered (collectively, "Trademarks"), and (3) other forms of intellectual property (all of the foregoing, collectively and individually, "Content").
(a) Accuracy. While we strive to keep the Content that we post on the Site accurate, complete, and up-to-date, we cannot and do not guarantee, represent or warrant that any of the Content on this Site is accurate, complete, timely or applicable to you, nor do we have any obligation or undertaking to update the Site. Your use of the Content available on the Site is entirely at your own risk.
(b) Ownership. The Site and all right, title, and interest in and to the Content available on the Site is owned by and is the property of Red Dot or its licensors, and is protected by U.S. and international copyright, trademark, patent, and/or other proprietary rights and laws. This applies to Content regardless of whether or not a copyright or trademark registration exists and regardless of whether a proprietary notice appears on such materials.
(c) Limited License. We grant you a limited non-exclusive, non-transferable, revocable and personal license to view, download, display, copy, and print Content retrieved from the Site. You may not remove or obscure any copyright notice, trademark notice, or other proprietary rights notice displayed on or in conjunction with any Content. Except to the minimum extent otherwise expressly permitted under applicable law, you may not use, sell, or commercially distribute any Content available via the Site in any other manner or for any other purpose without the prior express written permission of Red Dot or its licensor, as applicable. You do not acquire any ownership rights in any Content by using the Site or by virtue of downloading, printing, modifying or using Content from the Site. All rights not expressly granted in this Agreement are expressly reserved to Red Dot or its licensors.
3. Acceptable Use of Site. You may use the Site only for lawful purposes and you agree that you shall at all times comply with all applicable laws and regulations. In addition, while using the Site, you agree that:
Impersonation. You will not impersonate any person or entity, engage in fraud or misrepresentation, or falsely state or otherwise misrepresent your affiliation with any person or entity, including Red Dot, or assist any third party in doing so.
Security. You will not interfere with the operation of, or violate or attempt to violate the security of, any portion of the Site or assist any third party in doing so.
Data Mining, Scraping, Etc. Except for search engines presenting links to users searching for the Site or related content, You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, frame, "data mine," scrape, or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents or assist any third party in doing so.
6. DISCLAIMER OF WARRANTIES. THE SITE (INCLUDING, WITHOUT LIMITATION, ALL CONTENT, LINKS, PRODUCTS, SERVICES, AND OTHER COMMUNICATIONS AND MATERIALS CONTAINED ON AND/OR OBTAINED THROUGH THE SITE) IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RED DOT AND ITS AFFILIATES AND THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND OTHER REPRESENTATIVES (COLLECTIVELY “RED DOT PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND UNDERTAKINGS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF ANY RED DOT PARTY, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
7. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, IN NO EVENT SHALL THE RED DOT PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, ECONOMIC, EXEMPLARY OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RELATING TO YOUR USE OF THE SITE OR WITH ANY DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION OR CONTENT OBTAINED THROUGH THE SITE OR ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THE RED DOT PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. YOUR ACCESS TO AND USE OF THIS SITE IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE OR THE CONTENT.
8. Indemnification. You agree to indemnify, defend and hold the Red Dot Parties harmless from and against, any and all claims, demands, damages, losses, investigations, liabilities, judgments, settlements, costs (including attorneys' fees), or other expenses that directly or indirectly arise from or are otherwise directly or indirectly connected to: (a) your breach or alleged breach of this Agreement; (b) your use of the Site or activities in connection with the Site; or (c) your violation of any law, rule or regulation. You will cooperate as fully required by the Red Dot Parties in the defense of any claim. Red Dot reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of Red Dot.
9. Miscellaneous Terms
(a) Modification or Suspension of the Site. We reserve the right, at any time and without notice to you, to modify, add, suspend or discontinue, temporarily or permanently, the entire Site or any portion of the Site, in our sole discretion.
(b) Site Location. The Site is operated from within the United States of America. We make no representation or warranty that the Site, or any Content or other materials available on the Site, are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
(c) Severability. If any provision of this Agreement is found by a court or other binding authority to be invalid, the remaining provisions contained in this Agreement shall continue in full force and effect.
(d) Applicable Law / Jurisdiction. This Agreement and the resolution of any dispute related to this Agreement or the Site shall be governed by and construed in accordance with the laws of the State of Colorado and the United States of America without giving effect to any principles of conflicts of law. Any legal action or proceeding between Red Dot and you related to this Agreement or arising out of usage of the Site shall be brought exclusively in a federal or state court of competent jurisdiction sitting in or having jurisdiction over the City of Boulder, State of Colorado, and you hereby consent and submit to the exclusive personal jurisdiction and venue of such courts.
(f) Dispute Resolution/Arbitration. Any dispute or controversy arising between you and Red Dot regarding the terms of this Agreement or the breach thereof shall be submitted to binding arbitration in Boulder, Colorado, pursuant to the rules and procedures of the American Arbitration Association and judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, either party may bring suit in any court of competent jurisdiction in respect of any breach or threatened breach of its proprietary rights.
(g) Assignment. Red Dot may assign its rights and obligations under this Agreement, in whole or in part, to any party at any time without any notice. Your rights under this Agreement may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an authorized Red Dot representative.
10. Refund Policy
All sales are final. No refunds given.
11. Contact Information. If you have any questions about this Agreement or the Site you may contact us via e-mail at email@example.com, via telephone at +1 (855) 733-3681 or via mail at:Red Dot Storage
248 Centennial Pkwy
Louisville, CO 80027