Privacy
Policy
Terms and Conditions
of Use
Red Tail
Publishing Privacy Statement
Last Updated May 11, 2011
This privacy
statement (also referred to as Red Tail Publishing's Privacy
Policy) explains our privacy practices for our customers
who: (1) shop in our physical location or (2) use our
website, www.redtail.com.
Red Tail
Publishing's Commitment to Privacy
We respect
your right to privacy. Your ability to make informed choices
about the uses of your information is important to us. This
privacy statement explains our policy regarding the
collection, use, disclosure and protection of personal
information. The terms of this privacy statement apply to
information collected from you, unless different terms are
specified as part of a special offer, or in another form or
contract we provide you and you consent to those terms by
participating in the special offer or the program, or
otherwise.
A. What
Is Personal Information?
Personal
information is information that identifies an individual or
is directly associated with a specific person or entity such
as a name, address, telephone number, email address, credit
card number, or information about activities which can be
directly linked to that person, such as his or her
purchases.
Our
definition of personal information does not include
"aggregate" information. Aggregate information is data we
collect about a group or category of products, services or
website visitors, from which individual identities have been
removed. In other words, information about how you use a
service may be collected and combined with information about
how others use the same service, but no personal information
will be included in the resulting data. Likewise,
information about the products you purchase may be collected
and combined with information about the products purchased
by others. Aggregate data helps us understand trends needs
so that we can better consider new products and services,
and tailor existing products and services to customers'
desires.
B.
Collection of Personal Information
We collect
the personal information that you provide us, such as when
you: sign up for or renew your Red Tail
Publishing shopping account; register to use RedTail.com or
sign up for news or notifications of specials or other
promotions on RedTail.com; place an order or purchase
products or services at our physical locations, online, by
telephone, or mail. contact us for any reason, such as by
replying to inquires by mail or through our website, by
telephone through customer service, or in person at one of
our locations; or sign up for or participate in our various
Customer Services (see Customer Services below).
We may
automatically collect some information when you visit our
website, such as your computer's network address and
operating system, the site from which you linked to us, your
site activity and the time and date of your visit and
purchases. This information may be collected through the use
of "cookies" (see Online Specifics below). We also receive
information from third parties who provide Customer Services
or special promotions or products (see Customer Services
below) and we may combine this information with the other
personal information we maintain about you. In either case,
this policy statement governs this information.
C. Use of
Personal Information by Red Tail Publishing
The personal
information we collect is generally used to process your
requests or transactions, provide you with high-quality
service, tell you about products we think will be of
interest, and understand your needs so that we can serve you
better. For example, we may use your telephone number, your
email or your postal address to: (1) alert you about product
recalls or safety issues; or (2) communicate information
about products. We also may use personal information we
collect to provide you with promotional information, which
is information we believe will add value to or customers,
such as coupon savings booklets, promotions, or information
about Customer Services ("Promotional Information"). If you
prefer not to receive Promotional Information from us, we
make it easy for you to let us know. You may contact us at
any time to decline Promotional Information (see Choice
below).
D.
Sharing of Personal Information
We do not
sell, rent, share or disclose personal information to third
parties without your prior consent, except in the limited
circumstances described below:
Order
Fulfillment
We may
provide to a third party information that is necessary to
fulfill an order you have placed with us. For example, if
you request shipment for a purchase, we may provide your
address to the shipping carrier, and if you pay by a credit
or debit card, your card number and sales transaction
information are passed on to the card processor and/or
issuer (including their service providers such as fraud
verification services). However, we give suppliers, and
others involved in the commerce distribution chain only the
information needed to provide you the products or services
you order, such as shipping and/or billing address, email
address, telephone number and product orders. Moreover, we
require them to keep the information confidential and not to
use it for other purposes. We are not responsible for any
additional information you provide directly to these
parties, and we encourage you to become familiar with their
practices before disclosing information directly to them.
Customer
Services
We offer
special products and services to our customers that are
provided by third parties such as editing, graphic design,
and other business and consumer services ("Customer
Services"). If you apply for or request certain products,
offerings or services, information you provide will be
shared directly with the third parties who will be providing
the requested products, offerings or services
These third
parties are required not to use personal information we
share for any purposes other than providing the requested
services. We are not responsible for any additional
information you provide directly to these parties, and we
encourage you to become familiar with their privacy and
security practices and policies before disclosing
information to them. If you provide additional information
to third parties, they, subject to applicable laws and their
privacy policies, may share with us the information you
provided and information about your use of the services. In
some cases, these third parties may require as a condition
of providing services to you that you authorize them to
share information with us. If we terminate our relationship
with a third party, information you provided to them may be
returned to us, and we may provide that information to a new
third party offering the same or similar services.
Our
Contractors
We may
contract with others to perform tasks or services on our
behalf. For example, we might retain a company to process
credit card payments, to email information about special
offers, or to analyze data. If any of our contractors need
access to your personal information, we require that they
promise to use the information only to perform the tasks we
have engaged them to perform. We also require that they
maintain the confidentiality of the information and/or
return the information to us when they no longer need it.
E. Other
Uses and Disclosures
In addition,
we may use or disclose personal information in the good
faith belief that we are lawfully authorized to do so, or
that doing so is reasonably necessary to protect you, to
comply with legal process or authorities, to respond to any
claims, or to protect the rights, property or personal
safety of Red Tail Publishing, our Customers, our employees
or the public. Information about our Customers, including
personal information, may be disclosed or transferred as
part of, or during negotiations of, any merger or sale of
company assets or acquisition.
F.
Protection of Personal and Credit Card Information
We have
adopted security measures in an effort to protect personal
information from loss, misuse or alteration while it is
under our control. We use technical, contractual,
administrative and physical measures in an effort to protect
against unauthorized access. Personal information we collect
is stored electronically and may be combined with other
customer information. We collect, process and maintain
payment information, including credit card information, in
compliance with the data security rules adopted by credit
card companies such as Visa, MasterCard and Discover. This
means that we do not retain debit card PINs or credit card
security codes, and that any time we maintain a credit card
number, such as when you create an online account, we use
access controls and strong encryption to protect it.
Further, when you enter personal information online, that
information is encrypted using a security protocol called
SSL (Secure Sockets Layer), which encrypts all information
prior to transmitting it over the Internet. We also use SSL
to allow you to securely view your online account and
registration information. Online account information is
accessible only by using a password. To protect the
confidentiality of personal information in your online
account, you must keep your password confidential. You are
responsible for all uses of www.RedTail.com by anyone using
your password. If others have access to your computer or
email, they may be able to find your password and obtain
information about you (such as your credit card number), or
change information in your user profile. You should not use
an email account operated by an employer because many
employers have the legal right to view your email or online
accounts. Please advise us immediately at
customerservice@RedTail.com if you believe your password has
been misused.
G. Choice
We give you
the opportunity to opt-out of receiving certain information
or to request that certain information not be shared with
third parties, by giving you numerous methods to inform us
of your decision.
If you do
not want us to share Customer Information (see Customer
Services) with third parties, you can: (a) email us at
customerservice@RedTail.com; or (b) write us at: RTP
Customer Service, P. O. Box 1477, Anderson, CA
96007.
If you do
not want to receive Promotional Information (see Use of
Personal Information by Red Tail Publishing) or information
about Customer
Services,
you can: (a) check the opt-out box on
our customer applications; (b) email us at
customerservice@RedTail.com; or (c) write us at: RTP
Customer Service, P. O. Box 1477, Anderson, CA
96007.
If you do
not want to receive promotional emails, you can: (a) check
the opt-out box on our customer applications; (a) email us
at customerservice@RedTail.com; or (b) write us at: RTP
Customer Service, P. O. Box 1477, Anderson, CA
96007. (c) click the provided "unsubscribe" link in
any email to unsubscribe; or (d) access "My Account" if you
are a registered user of RedTail.com, and check the opt-out
box. If you have more than one email address, you will need
to specifically opt-out for each email address.
I. Online
Specifics
What Are
Cookies and Are You Required to Accept Them?
Cookies are
small files that are stored on your computer. At
RedTail.com, we use cookies to help optimize your shopping
experience. For example, we use cookies to customize our
home page for you and to better display pages according to
your browser type. RedTail.com does not store in cookies any
personal information about you. While cookies are optional
for browsing RedTail.com, they are required for registering,
logging on, shopping or adding items to your cart. If you
wish to purchase items or set up an account on RedTail.com,
you will need to accept a RedTail.com cookie.
Use of
the RedTail.com Web Site by Children
We encourage
parents to take an active interest in their children's use
of the Internet. We do not intend to collect information
from children who are under 18 years of age. If you are
under 18, you should not provide information on the
RedTail.com Website and should ask your parent to do so for
you.
Online
Links to Other Web Sites
Through the
Customer Services (see Customer Services above) and selected
other portions of our website, you can link to other
websites of third parties. Any personal information you
provide on the linked pages is provided directly to that
third party and is subject to that third party's privacy
policy. Except as described above, we are not responsible
for the content or privacy and security practices and
policies of websites to which we link. Links from our site
to third parties or to other sites are provided for your
convenience. We encourage you to learn about their privacy
and security practices and policies before providing them
with personal information.
Updating,
Reviewing or Correcting Online Personal Information
You may
update, review or correct your online account information at
any time online by accessing your password-protected
registration page via the "My Account" area of the Web site.
You also may email us at customerservice@RedTail.com or call
us at 530-365-5863. To update general customer information,
such as a change of address, please see below.
Retention
of Information we Collect Online
Information
we automatically collect as a result of your online activity
is generally not retained in a personally identifiable form,
or if the information is personally identifiable, we retain
it only long enough for us to perform studies and analysis
related to our website.
The
exception would be information we need in order to
investigate fraud or problems associated with particular
transactions or events.
J.
Questions or Concerns
If you have
any questions or concerns about this privacy statement or
would like to contact us for any reason, you can do the
following:
Call our
Customer Service representatives at 530-365-5863;
Email us at
customerservice@RedTail.com; or
Write us at:
RTP Customer Service, P. O. Box 1477, Anderson, CA
96007.
K.
Changes to This Statement
We reserve
the right to change this privacy statement at any time, but
will alert you that changes have been made by indicating at
the top of the privacy statement the date it was last
updated. We encourage you to review our privacy statement to
make sure you understand how information you provide will be
used. If there is ever a material change to how we use
information you provide and the new uses are unrelated to
uses we disclose in this statement, we will communicate the
changes in advance.
TERMS AND CONDITIONS
OF USE
Last Updated May 12, 2011
PLEASE READ THESE TERMS
AND CONDITIONS OF USE CAREFULLY
RED TAIL
PUBLISHING, TOGETHER WITH ITS SUBSIDIARIES AND AFFILIATES
("Red Tail Publishing") PROVIDES YOU ACCESS AND USE OF THIS
SITE SUBJECT TO YOUR COMPLIANCE WITH THESE TERMS AND
CONDITIONS OF USE (the "Site Terms"). BY ACCESSING, BROWSING
AND USING THIS SITE (the "Site"), YOU AGREE TO BE BOUND BY
THE SITE TERMS AND ALL APPLICABLE LAW. IF YOU DO NOT AGREE
TO BE BOUND BY THE SITE TERMS AND APPLICABLE LAW EACH TIME
YOU USE THIS SITE OR YOU DO NOT HAVE THE AUTHORITY TO AGREE
TO OR ACCEPT THESE SITE TERMS, YOU MAY NOT USE THE SITE.
A. Related Policies and
Terms
Additional
policies and terms apply to use of specific portions of this
Site and to the purchase of certain Merchandise or Services
and are included as part of the Site Terms. Please refer and
review all additional specific terms and conditions,
including the terms at
shopping RedTail.com.
The Site
Terms apply exclusively to your access to, and use of, this
Site and do not alter in any way the terms or conditions of
any other agreement you may have with Red Tail Publishing
for products, services, or otherwise.
Red Tail
Publishing has adopted a Privacy Statement that you should
refer to in order to fully understand how we use and collect
information. To learn about Red Tail Publishing's privacy
practices, please refer to the
Privacy Statement
section of
the Site.
B. Modification of Site
Terms
Red Tail
Publishing reserves the right to modify these Site Terms in
our sole discretion from time to time and only Red Tail
Publishing has the right to do so. If the Site Terms are
changed, we will post the new terms on the Site and note the
date they were last updated. Any changes or modification
will be effective upon posting of the Site Terms as revised,
and your use of the Site following the posting will
constitute your acceptance of the new Site Terms.
C. United States Usage
This Site is
operated by a U.S. entity and is governed by the state and
federal laws of the United States. The laws of your
jurisdiction may be more or less strict than the laws that
apply to this Site. If you access this Site from outside the
United States, you do so at your own risk and are
responsible for compliance with the laws of your
jurisdiction.
D. License and Site
Access
Red Tail
Publishing grants you a limited license to make personal use
only of the Site. Such grant does not include, without
limitation: (a) any resale or commercial use of this Site or
any Site Materials (defined below); (b) modification,
adaptation, translation, reverse engineering, decompilation,
disassembly or conversion into human readable form any of
the Site materials not intended to be so read, including use
of or directly viewing the underlying HTML or other code
from this Site except as interpreted and displayed in a web
browser; (c) copying, imitating, mirroring, reproducing,
distributing, publishing, downloading, displaying,
performing, posting or transmitting any Site Materials
(including any Red Tail Publishing trademarks) in any form
or by any means, including, but not limited to, electronic,
mechanical, photocopying, recording or otherwise; (d) the
collection and use of any product listings or descriptions;
(e) making derivative uses of the Site and any Site
Materials; or (f) use of any data mining, bots, spiders,
automated tools or similar data gathering and extraction
methods, directly or indirectly, on the Site Materials or to
collect any information from the Site or any other user of
the Site. Except as noted above, you are not conveyed any
right or license by implication, estoppel, or otherwise in
or under a patent, trademark, copyright, or proprietary
right of Red Tail Publishing or any third party. You may not
use any meta tags or any other "hidden text" utilizing Red
Tail Publishing's name, trademark, or product name without
our express written consent. "Site Materials" means all
materials on the Site, including, without limitation,
trademarks (as specifically defined in these Site Terms)
design, product description, HTML text, graphics, other
files, photographs, codes, software layout, designs forms
and the selection and arrangement thereof.
We may
terminate this license and your use of or access to the Site
if you make or permit any unauthorized use of this Site.
Such actions by you may violate applicable law including,
without limitation, copyright laws, trademark laws
(including trade dress), and communications regulations and
statutes. We reserve the right to have all violators
prosecuted to the fullest extent of the law.
E. Changes, Misprints,
Errors and Cancellations
Subject to
applicable law, we: (a) reserve the right to change the
goods and services advertised or offered for sale through
this Site, the prices or specifications of such goods and
services, and any promotional offers and any other Site
Materials at any time and from time to time without any
notice or liability to you or any other person; (b) cannot
guarantee that goods or services advertised or offered for
sale on this Site will be available when ordered or
thereafter; (c) reserve the right to limit quantities sold
or made available for sale; (d) do not warrant that the Site
Materials (including without limitation product descriptions
or photographs) are accurate, complete, reliable, current or
error-free; and (e) reserve the right to cancel, to
terminate or not to process orders (including accepted
orders) where the price or other material information on
this site is inaccurate or when we recognize abuse of our
policies. If we do not process an order for such reason, we
will advise you that the order has been canceled and will
either not charge you or will apply credit to the payment
type used in the order.
Some
jurisdictions may not allow the exclusions and disclaimers
of certain implied warranties, so some of the provisions of
this section may not apply to you.
If we are
legally required to collect sales tax on merchandise you
order, the tax amount will be added automatically to your
purchase price.
F. Passwords and
Security
If you use a
password to access this Site or any portion of it, then you
are responsible for maintaining the confidentiality of the
password and for restricting access to your computer, and
you agree to accept responsibility for all activities that
occur on your account or with your password. In the event
that the confidentiality of your account or password is
compromised in any manner, you will notify Red Tail
Publishing immediately. Red Tail Publishing reserves the
right to take any and all action, as it deems necessary or
reasonable to maintain the security of the Site and your
account, including without limitation, terminating your
account, changing your, password or requesting information
to authorize transactions on your account. While Red Tail
Publishing takes prudent steps to protect your account and
the Site, it can not protect your information outside of the
Site. For example, when Red Tail Publishing communicates
with you via unencrypted email from time to time at your
request, the communication is not secure, is not stored
securely, and the information contained may be viewed by
others You acknowledge that by requesting information by
email, you agree that we may transmit it to you from time to
time and store it in an unencrypted form and manner.
Red Tail
Publishing may rely on the authority of anyone accessing
your account or using your password and in no event will Red
Tail Publishing be held liable to you for any liabilities or
damage resulting from or arising out of (i) any action or
inaction of Red Tail Publishing under this provision; (ii)
any compromise of the confidentiality of your account or
password, and (iii) any unauthorized access to your account
or use of your password.
G. Intellectual Property
Ownership
All Site
Materials are owned by us and others and are protected by
United States and international copyright, trademark and
other laws.
Trademarks
RED TAIL
PUBLISHING, RedTail Gold, and their respective designs
and/or logos are either trademarks or registered trademarks
of Red Tail Publishing and may not be copied, imitated or
used, in whole or in part, without the prior written
permission of Red Tail Publishing. In addition, all page
headers, custom graphics, button icons, and scripts are
trademarks, and/or trade dress of Red Tail Publishing, and
may not be copied, imitated, or used, in whole or in part,
without the prior written permission of Red Tail Publishing.
All other trademarks, registered trademarks, product names
and company names or logos mentioned herein are the property
of their respective owners.
Restrictions on Use
Except as
stated in the Site Terms, none of the materials and
Intellectual Property described in these Site Terms may be
copied, reproduced, distributed, republished, downloaded,
displayed, posted or transmitted in any form or by any
means, including, but not limited to, electronic,
mechanical, photocopying, recording or otherwise, without
the prior written permission of Red Tail Publishing or the
respective intellectual property owner. You may
electronically copy and print to hard copy portions of this
Site for the sole purpose of using materials it contains for
informational and non-commercial, personal use only. Any
other use of the materials in this Site - including any
commercial use, reproduction for purposes other than
described above, modification, distribution, republication,
display, or performance - without the prior written
permission of Red Tail Publishing - is strictly prohibited.
Copyright
To notify us
of a copyright infringement, write to us at
legal@RedTail.com
or at our
mailing address:
Red
Tail Publishing
Legal Department
P.O. Box 1477
Anderson, CA 96007
Include the
following (please consult your legal counsel or see Section
512(c)(3) of the Digital Millennium Copyright Act to confirm
these requirements)
a.
The
physical or electronic signature of the owner or someone
authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed.
b.
A
description or identification of the copyrighted work you
claim has been infringed.
c.
A
description of the material that is claimed to be
infringing, and information reasonably sufficient to allow
us to find it.
d.
Your
address, telephone number, and e-mail address.
e.
A
statement that you have a good faith belief that use of the
material in the manner complained of is not authorized by
the copyright owner, its agent, or the law.
f.
A
statement, under penalty of perjury, that the information in
your notice is accurate, and that you are the copyright
owner or authorized to act on behalf of the owner.
Repeated
violations of others' copyrights may result in a loss of
privileges.
H. Software
Any
software, including any files, images incorporated in or
generated by the software, and data accompanying the
software (collectively "Software"), that may be made
available on this Site is licensed to you by Red Tail
Publishing on a non-exclusive and limited basis. Red Tail
Publishing shall retain full and complete title and all
intellectual property rights to Software. You shall not
copy, distribute, sell, modify, decompile, reverse engineer,
disassemble or create derivative works from any Software.
I. Hyperlinks
Links to The Site
You are
granted a limited, non-exclusive right to create a hypertext
link to the home page only of this Site, provided such link
does not portray Red Tail Publishing or any of its products
and services in a false, misleading, derogatory, or
otherwise defamatory manner. This limited right may be
revoked at any time. You may not use, frame or utilize
framing techniques to enclose any Red Tail Publishing
trademark, logo or other proprietary information, including
the images found at this Site, the content of any text or
the layout/design of any page, or form contained on a page
without Red Tail Publishing's express written consent. All
other linking is prohibited without prior consent from Red
Tail Publishing.
Except as
noted above, you are not conveyed any right or license by
implication, estoppel, or otherwise in or under any patent,
trademark, copyright, or proprietary right of Red Tail
Publishing or any third party.
Third Party Links
Red Tail
Publishing makes no claim or representation regarding, and
accepts no responsibility for, the quality, content, nature
or reliability of web sites accessible by hyperlink from
this Site, or web sites linking to this Site.
J. Submissions
Your Information
If you
register on the Site, you agree that any information you
provide to us will be current, accurate and complete.
Additional Submissions
You agree
that any materials, including but not limited to questions,
comments, suggestions, ideas, plans, notes, drawings,
original or creative materials or other information,
provided by you in the form of email or submissions to Red
Tail Publishing, or postings on this Site ("Submissions")
are non-confidential (subject to our Privacy Statement) and
that you remain solely responsible and liable for your
Submissions. You further hereby grant (or warrant that the
owner of the Submissions has granted) to us and our assigns
a perpetual, royalty-free, irrevocable, unrestricted,
non-exclusive, world-wide, assignable, sub-licensable, right
and license to use, copy, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute,
perform, display and otherwise exploit the Submissions or
any ideas, concepts, know-how or techniques associated with
the Submissions for any purpose whatsoever, commercial or
otherwise, using any form, media or technology now known or
later developed, without providing compensation to you or
any other person, without any liability whatsoever, and free
from any obligation of confidence or other duties on our
part or of our assigns, and you hereby waive all moral
rights, or agree, represent and warrant that all moral
rights in the Submissions (including without limitation the
rights of paternity, attribution and integrity) are
irrevocably waived, in favor of us and our assigns.
Restrictions for
Submissions
By using the
Site, you agree not to do any of the following:
Upload to,
distribute or otherwise publish through this Site any
message, information, text or other material ("Content")
that is unlawful, libelous, defamatory, obscene,
pornographic, indecent, lewd, harassing, threatening,
invasive of privacy or publicity rights, abusive,
inflammatory or otherwise objectionable; Upload or transmit
any Content that would constitute or encourage a criminal
offense, violate the rights of any party, or that would
otherwise create liability or violate any local, state,
national, or international law.
Upload or
transmit any Content that may infringe any patent,
trademark, trade secret, copyright, or other intellectual or
proprietary right of any party. By posting any Content, you
represent and warrant that you have the lawful right to
distribute and reproduce such Content;
Impersonate
any person or entity or otherwise misrepresent your
affiliation with a person or entity; Upload to, distribute
or otherwise publish through this Site any Content such as
charity requests, petitions for signatures, chain letters or
letters relating to pyramid schemes, advertising or
solicitations for funds, political campaigning, mass
mailings, any form of unsolicited commercial email or
"spam," (regardless of whether the email itself complies
with the requirements of federal or state law for sending
commercial email) or offering or disseminating fraudulent
goods, services, schemes or promotions; and disseminate any
harmful content of any kind, including without limitation,
viruses, Trojan horses, worms, time bombs, zombies, cancel
bots or any other computer programming routines that may
damage, interfere with, surreptitiously intercept or
expropriate any system, program, data or personal
information.
Policies and Enforcement
All access
to and use of this Site is governed by and subject to the
Site Terms. We have the right, but not the obligation, to
monitor any activity and Content associated with forums and
interactive areas on this Site. We may access at any time
and use internally for any lawful purpose information stored
on our systems, including the content of any emails or other
communications. We may disclose such information to any
third party including law enforcement agencies to protect
our rights or property in response to legal process, or in a
good faith belief that such disclosure is justified or
required in an emergency situation. We may investigate any
reported violation of our policies or complaints and take
any appropriate action that we deem appropriate. Red Tail
Publishing has the right, but not the obligation, to take
any action we deem appropriate, including but limited to
action to issue a warning, suspend or terminate your access
and use of the Site and related services at any time, and
block, remove or edit any communication and materials that
Red Tail Publishing believes in its sole discretion may
violate applicable law, the Site Terms or a third party's
rights. Red Tail Publishing takes no responsibility and
assumes no liability for any Content posted or uploaded by
you or any third party, or for any mistakes, defamation,
slander, libel, omissions, falsehoods, obscenity,
pornography or profanity you may encounter.
Responsibility For Your
Conduct
You remain
solely liable for the Content of any messages or other
information you upload or transmit to the discussion forums
or interactive areas of this Site. You agree to indemnify
and hold harmless Red Tail Publishing and its parents,
subsidiaries, affiliates, employees, agents and
representatives from any claim, action, demand, loss, or
damages (including attorneys' fees) made or incurred by any
third party arising out of or relating to your conduct, your
violation of these terms and conditions, or your violation
of any rights of a third party. Indirect or attempted
violations of these Site Terms or any policy, and actual or
attempted violations by a third party on behalf of a user of
this Site will be considered violations of these Site Terms
by such user.
K. Forward Looking
Statements
This Site,
and any documents issued by us and available through this
Site, may contain statements which constitute
forward-looking statements. Forward-looking statements
include all passages containing verbs such as "aims,"
"anticipates," "believes," "expects," "intends," "plans,"
"predicts," "projects," or "targets" or nouns corresponding
to such verbs. Forward-looking statements also include
statements or other passages primarily relevant to expected
future events or that can only be evaluated by events that
will occur in the future. These forward-looking statements
are based on the opinions and estimates of management at the
time the statements are made and are subject to certain
risks and uncertainties that could cause the actual results
to be materially different from those anticipated in or
implied by the forward-looking statements. Forward-looking
or other statements speak only as to the date they were
released.
Red Tail
Publishing undertakes no obligation to update
forward-looking or other statements to reflect events or
circumstances that occur after the date the statements were
made. In addition, please note that information contained in
this Site shall not be included as part of, or incorporated
by reference into (nor shall it be deemed to be a part of or
incorporated by reference into), any prospectus or offering
memorandum of the Company used in connection with the
offering or sale of securities.
L. Children
This website
is designed for and intended for use by adults. If you are
under 18, you may use this Site only with involvement of a
parent or guardian. If you are a parent or legal guardian,
you must monitor and supervise the use of this site by
children, minors and others under your care. You agree to be
responsible for their use of this website.
M. Disclaimer
THIS SITE
AND THE MATERIALS PROVIDED HEREIN ARE PROVIDED ON AN "AS IS"
BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED. RED TAIL PUBLISHING DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, AND NON-INFRINGEMENT WITH RESPECT TO THE
SITE AND MATERIALS, CONTENT, SERVICES AND PRODUCT ON THIS
SITE. RED TAIL PUBLISHING DOES NOT REPRESENT OR WARRANT THAT
MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE,
CURRENT, OR ERROR-FREE. RED TAIL PUBLISHING IS NOT
RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING
TO PRICING, TEXT OR PHOTOGRAPHY. RED TAIL PUBLISHING DOES
NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, EVEN IF RED
TAIL PUBLISHING OR IT'S AUTHORIZED REPRESENTATIVES HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY
AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR
SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR
THROUGH THIS SITE IS AT YOUR SOLE RISK.
Reference to
any products, services, processes, or other information, by
trade name, trademark, manufacturer, supplier, or otherwise
does not constitute or imply endorsement, sponsorship or
recommendation thereof by Red Tail Publishing.
N. Limitation of
Liability
IN NO EVENT
SHALL RED TAIL PUBLISHING BE LIABLE FOR ANY DIRECT, SPECIAL,
PUNITIVE, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES, OR
ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO
LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN
ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO
NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THE USE OR INABILITY TO USE THIS SITE OR THE
MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITE.
IN NO EVENT
SHALL THE AGGREGATE LIABILITY OF RED TAIL PUBLISHING
(WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT
LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY
OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF
THIS SITE EXCEED $5 OR THE COMPENSATION YOU PAID RED TAIL
PUBLISHING, WHICHEVER IS LESS.
SOME
JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED
WARRANTIES, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY SOME OR ALL OF
THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS, MAY NOT
APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE
CONTAINED HEREIN.
O. Applicable Law, Venue
and Limitation of Actions
These terms
and conditions shall be governed by and construed in
accordance with the laws of the State of California
applicable to agreements made and entirely to be performed
within California, without resort to its conflict of law
provisions. Regardless of where you access this site, you
agree that any action at law or in equity arising out of or
relating to these terms and conditions shall be filed and
adjudicated only in the federal or state courts located in
Redding, California, and you hereby irrevocably and
unconditionally consent and submit to the exclusive
jurisdiction and venue of such courts over any suit, action
or proceeding arising out of these terms and conditions.
P. Termination
Notwithstanding any of these terms and conditions, Red Tail
Publishing reserves the right, without notice and in its
sole discretion, to terminate your license to use this Site,
and to block or prevent future access to and use of this
Site if you violate any of these Site Terms or its policies.
Upon
termination, these Site Terms shall still apply.
Q. Consent to Email
Communication
When you
visit this Site or send email to us, you are communicating
with us electronically. You consent to receive
communications from us electronically and agree that we may
communicate with you by email or by posting a notice on this
Website. We do not include details of your personal
financial or medical information in emails unless you
specifically request that we do so. You agree that we may
treat specific actions by you, such as checking boxes to
receive email updates, sending us an email directly or
through the RedTail.com site, or leaving a telephone message
with an email address for customer service to respond to a
query about your account, as a request that we communicate
personal financial or medical information with you by
unencrypted email. You acknowledge and agree that
unencrypted email sent over the Internet is not secure and
may be read by others, and you agree that when you request
that we send you email you are authorizing us to transmit
and disclose your information (including your personal
financial or medical information) from time to time in an
unencrypted manner. You further acknowledge that emails sent
with this information are not stored in a secure manner.
R. Legal Equivalency
This
electronic document and any other electronic documents,
policies and guidelines incorporated herein will be: (i)
deemed for all purposes to be a "writing" or "in writing,"
and to comply with all statutory, contractual, and other
legal requirements for a writing: (ii) legally enforceable
as a signed writing as against the parties subject to the
electronic documents; and (iii) deemed an "original" when
printed from electronic records established and maintained
in the ordinary course of business. Electronic documents
introduced as evidence in any judicial, arbitration,
mediation or administer of proceeding will, if established
and maintained in the ordinary course of business, be
admissible to the same extent as business records in written
form that are similarly established and maintained.
S. Severability
If any
provision of the Site Terms is found to be unlawful, void,
or for any reason unenforceable, then that provision shall
be deemed to be severed from the rest of these Site Terms
and shall not affect the validity and enforceability of any
remaining provisions.
T. Waivers
No waiver,
express or implied, by either party of any breach of or
default under these Site Terms will constitute a continuing
waiver of such breach or default or be deemed to be a waiver
of any preceding or subsequent breach or default.
U. Contact Us
If you are
experiencing difficulties using the Site, please contact us:
1.
Call our Customer
Service
representatives at 530-365-5863
2.
Email us at:
customerservice@redtail.com
3.
Write us at:
RTP Customer Service, P. O. Box 1477, Anderson, CA 96007
© 1992-2011
Red Tail Publishing. All rights reserved.
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