Last updated: April 14, 2017
This Terms of Service policy applies to http://RedPlanetCopy.com, owned and operated by RedPlanetCopy, LLC.
“You” or “Your” means you as a participant in or as a user of this site. “We” or “Our” or “Us” means http://RedPlanetCopy.com. “Our Site” or “This Site” or “The Site” means http://RedPlanetCopy.com.
That means that even if you don’t read this page and the Terms of Service outlined below in its entirety, you’re still bound to the conditions of use spelled out here – so for that reason you probably want to spend a couple of minutes to read it (it’s short, so you’ll be able to get back to perusing the rest of the site real soon!).
We reserve the right to change these Terms of Service or to impose new conditions on use of the site, from time to time, in which case we will post the revised Terms of Service on this site. By continuing to use the site after we post any such changes, you accept the Terms of Service, as modified.
In other words, don’t assume just because you read this page once and understood what you read that the Terms of Service will never change. It might occur to us that we forgot to include something, or due to external factors outside our control we cannot operate entirely in accordance with the previous Terms of Service going forward. Such is life, it’s unpredictable.
By accessing this site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws.
If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials found on this web site are protected by applicable copyright and trade mark law.
Personal Information and Privacy
The content of this site is provided for educational purposes only and meant for personal, non-commercial transitory viewing only.
All material either presented on this site, or downloaded from it, including but not limited to images and text (“Materials”), are protected by copyright and/or other intellectual property laws, and are owned and controlled by us. You may not use the site or the Materials made available on the site in a manner that constitutes an infringement of our rights or that has not been authorized by us.
This means you may not modify, copy, reproduce, republish, upload, post, transmit, sell, distribute and/or create derivative works in any manner or medium (including by email or other electronic means) from the Materials in any way. Use of any Material without our express permission is a violation of our intellectual property rights and is prohibited by these Terms of Service.
You may, however, from time to time, download and/or print one copy of individual pages of the site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
We have not reviewed all of the sites linked to from the pages on this site and are not responsible for the contents found on any such linked site. The inclusion of any link on the pages of this site does not imply our endorsement of that site. Links are provided for the sake of convenience and the act of clicking through to any such linked web site should be understood to be at the user’s own risk.
Disclaimer of Warranty
Your access to and use of the site are solely at your own risk. The site is provided “as-is,” and to the maximum extent permitted by applicable law, we disclaim all other representations and warranties, express or implied, regarding the site including without limitation its fitness for a particular purpose, its quality, its merchantability, its performance, its noninfringement of third party rights, its accuracy, completeness or other characteristics, or the results obtained by using the site. We do not warrant that the site is free from bugs, viruses, errors, or other program limitations, nor do we warrant access to the internet or any other service through the site. Some states do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. In that event, any implied warranties are limited in scope to the extent permitted by applicable law and in duration to ninety (90) days from the initial date of accessing the site.
Limitation of Liability
In no event shall we be liable to you for any third party claim or for any consequential, direct, incidental or special damages, including without limitation, any goodwill, lost profits or lost savings, regardless of the form of action whether in contract, tort (including negligence), strict product liability or otherwise, even if it was forseeable or the possibility of such damages was brought to our attention. You agree that your sole remedy against us for loss or damage caused by the site, regardless of the form of action, whether in contract or in tort, including negligence, strict liability or otherwise, is limited to $50. Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, so some of the above limitations may not apply to you. In that event, recoverable damages will be limited in scope and amount to the least allowable under applicable law.
You agree to indemnify, defend and hold us and our licensors harmless, as well as our and their affiliates, officers, directors, employees, consultants and agents, from all third party claims, liability, damages and costs (including attorneys’ fees) arising from your unauthorized or improper use of the Site or the Materials, your breach of these Terms of Service or your infringement of any intellectual property or other rights of any person or entity.
Governing Law, Jurisdiction, and Litigation Costs
These Terms of Service shall be construed and governed by the internal laws of the State of California, U.S.A., excluding the application of its choice of law principles. You hereby agree to submit to the personal jurisdiction of the state and federal courts of the State of California. Exclusive venue, and any filings, for any litigation permitted under this Agreement shall be with the state and federal courts located in Upland, California. If we bring any action against you or you bring any action against us regarding the subject matter of these Terms of Service, the prevailing party shall be entitled to recover, in addition to other relief granted, reasonable attorneys fees and expenses of litigation. Notwithstanding any other provision of these Terms of Service, we have the right to seek the remedy of specific performance of any term contained in these Terms of Service, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms of Service, or any combination thereof, in any court having jurisdiction thereof.
Severability; No Waiver
If any provision of these Terms of Service, or their application to any person, place, or circumstance, is held by a court of competent jurisdiction to be invalid, unenforceable or void, the remainder of these Terms of Service and such provisions as applied to other persons, places and circumstances shall remain in full force and effect. Neither our failure nor our delay in exercising, enforcing or taking action against you with respect to any of our rights or powers shall operate as a waiver of such powers or rights. No single or partial exercise by us of any of our powers or rights will preclude us from exercising such powers and rights in the future or from exercising other powers and rights.