When you use the Website, or send emails, SMS or similar messages to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by electronic communication or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through the Website, such as text, graphics, logos, button icons, images, video, audio, digital downloads, and data compilations is, as between you and us, the property of Red Trunk Project or its content suppliers and protected by United States and international copyright laws.
RED TRUNK PROJECT, as well as graphics, logos, page headers, button icons, scripts, and service names included in or made available through our Website are trademarks or trade dress of Red Trunk Project in the U.S. and other countries. Our trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among the public, or in any manner that disparages us. All other trademarks not owned by Red Trunk Project that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
LICENSE AND ACCESS
Subject to your compliance with this Agreement, Red Trunk Project grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make use of the Website for its intended purpose, namely the provision of information to you regarding the mission of Red Trunk Project. This license does not include: any resale or redistribution of any goods or services we offer; any collection and use of information available via the Website; the reuse or derivative use of any of our Website or other content; any downloading or copying of information for the benefit of another; or any use of data mining, scraping, web robots, or similar data-gathering or extraction tools. No part of the Website may be reproduced, duplicated, copied, sold, visited, or otherwise exploited for any commercial purpose without the express written consent of Red Trunk Project. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of our without express written consent. You may not use any metatags or any other "hidden text" utilizing our name or trademarks without our express written consent. You may not collect usernames and/or email addresses of any of our owners, employees/contractors, participants, or others referred to on our Website by electronic or other means. You may not indicate, either expressly or impliedly, that any statements you make are endorsed by us without our specific prior written consent. You may not interfere with or disrupt the Website or the servers or networks connected to the Website. You may use the Website only as permitted by law. The license granted by us to you terminates if you do not comply with this Agreement. All rights not expressly granted to you in this Agreement are reserved and retained by Red Trunk Project or its licensors, publishers, rightsholders, or other content providers.
You may register at the Website to receive information from Red Trunk Project. You must be at least eighteen (18) years of age to register. Use of any goods or services made available by us is void where prohibited.
The Website may provide, or third parties may provide, links to other world wide web sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability or operation of such external sites or resources, and we do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that we and our subsidiaries, affiliates, members, officers, employees and agents shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such site or resource.
Red Trunk Project respects the intellectual property of others. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement (below). It is the policy of Red Trunk Project to remove infringing content and to terminate the membership of any repeat infringers.
DISCLAIMERS AND LIMITATION OF LIABILITY
RED TRUNK PROJECT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH IT, UNLESS OTHERWISE SPECIFIED IN WRITING. RED TRUNK PROJECT EXPRESSLY DISCLAIMS ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
RED TRUNK PROJECT DOES NOT WARRANT THAT THE WEBSITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. RED TRUNK PROJECT ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER OR MEMBER/USER COMMUNICATIONS. RED TRUNK PROJECT IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF EMAIL ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USERS AND/OR MEMBERS OR TO ANY OTHER PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WORLD WIDE WEB AND/OR IN CONNECTION WITH THE WEBSITE.
UNDER NO CIRCUMSTANCES WILL RED TRUNK PROJECT OR ANY OF ITS SUBSIDIARIES AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, ADVERTISERS, PROMOTERS, OR DISTRIBUTION PARTNERS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, RESULTING FROM ANYONE’S USE OF THE WEBSITE, ANY CONTENT ON THE WEBSITE OR TRANSMITTED TO MEMBERS/USERS, OR ANY INTERACTIONS BETWEEN USERS OF THE WEBSITE, WHETHER ONLINE OR OFFLINE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
To the full extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Red Trunk Project, and its subsidiaries, affiliates, officers, members, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising in connection with: (i) your use of and access to the Website; (ii) your violation of any provision of this Agreement; or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy/publicity right. This obligation of defense and indemnification shall survive termination of this Agreement, your membership, and your use of the Website.
By using the Website in any manner, you agree to the above arbitration provision. In doing so, you give up your right to go to court to assert or defend any claims between you and Red Trunk Project or its subsidiaries, affiliates, officers, members, employees and agents. You give up your right to participate in a class action or other class proceeding. Your rights will be determined by a neutral arbitrator, not a judge or jury. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Any proceeding to enforce this arbitration provision, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Red Trunk Project, or its subsidiaries, affiliates, officers, members, employees and agents may be commenced only in the federal or state courts located in New York, New York. You hereby irrevocably consent to the jurisdiction of those courts for such purposes, and you waive any argument as to the convenience of such courts.
This Agreement, and any dispute between you and Red Trunk Project, or its subsidiaries, affiliates, officers, members, employees and agents, shall be governed by the laws of the state of New York without regard to principles of conflicts of law, provided that arbitration provisions may be governed by the Federal Arbitration Act.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
This Agreement contains the entire agreement between you and Red Trunk Project regarding the use of the Website. This Agreement is subject to change by Red Trunk Project at any time and any such change will be effective upon publishing on the Website. Your use of the Website after such publishing will constitute acceptance by you of the revised Agreement. Please check the Website regularly for any such changes. If any provision of this Agreement shall be deemed invalid, void, or for any reason unenforceable, that provision shall be severable and shall not affect the validity and enforceability of remainder of this Agreement. The severed provision shall be reformed to approximate the expressed intent of the parties as closely as permitted by law.
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that the Website contains content that is posted or available in a manner that infringes a copyright owned by you, please submit notice to Red Trunk Project electronically at: firstname.lastname@example.org. You may also send notice to us by physical mail at: Red Trunk Project, 110 Birchwood Avenue, Upper Nyack, NY 10960. Your notice should contain all of the elements required by 17 U.S.C. § 512(c).
Your exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Website shall be binding arbitration administered by the American Arbitration Association (“AAA”). The AAA’s rules are available at www.adr.org or by calling 800.778.7879. Any arbitration shall be held in New York, New York and shall be adjudicated by a single arbitrator. You may not under any circumstances commence or maintain against Red Trunk Project, or its subsidiaries, affiliates, officers, members, employees and agents, any class action, class arbitration, or other representative action or proceeding.