Red Wing Trading Post Use Policy Version 1.0
Your use of our Internet website or any of the products, services or information offered on this website ("Services") is subject to this Use Policy ("Policy".) We may modify this Policy at any time without notice to you by posting a revised Policy on our website. Your use of our website constitutes your binding acceptance of this Policy, including any modifications that we make.
Without obligation, we have the right to perform any of the following actions at our sole discretion at any time and for any reason without providing prior notice:
- Restrict, suspend or terminate your access to all or any part of our Services;
- Change, suspend or discontinue all or any part of our Services;
- Refuse, move or remove any material that you submit to our website for any reason;
- Refuse, move, or remove any content that is available on our website;
- Deactivate or delete your account(s) and all related information and files in your account(s);
- Establish general practices and limits concerning use of our website.
You agree that we will not be liable to you or any third party for taking any of these actions.
Website Content
Our website includes content that we create. All materials published on our website, including, but not limited to, written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips and flash animation, are protected by our copyrights or trademarks. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display or in any way exploit any of the materials or content or our website in whole or in part. If you would like to request permission to use any of the content on our website, please review our Copyright Notice and visit our
Contact page.
You may be exposed to content that you find offensive, indecent, objectionable or that is inaccurate and you bear all risks associated with using that content. We have the right, but not the obligation, to remove any content that may, in our sole discretion, violate this Policy or that is otherwise objectionable.
Third-Party Websites, Products and Services
Our website contains links to other Internet websites owned by third parties. Your use of each of those websites is subject to the conditions, if any, that each of those websites has posted. We have no control over other websites and we are not responsible for any changes to or content on them. Our inclusion on our website of any third party content or a link to a third party site is not an endorsement of that content or third party website.
Privacy Policy
All of the information that we collect from you is subject to our privacy policy. Please view our
privacy policy
for more information.
Purchase Policy
To purchase an item from Red Wing Trading Post, you must adhere to the purchase policy. Please view our
Purchase Policy
for more information.
Our Technology and Software
The technology and software upon which our website and Services are built are the property of Red Wing Trading Post. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in or otherwise transfer any right to this technology or software. You agree not to modify this technology or software in any manner or form, or to use modified versions of such technology or software, including (without limitation) for the purpose of obtaining unauthorized access to our website.
Your Conduct on our Website
You agree that you will not use our website to take any of the following actions:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal right of others;
- Publish, post, upload, email, distribute or disseminate ("Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful content;
- Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, our website, any software or hardware, or telecommunications equipment;
- Advertise or offer to sell any goods or services for any commercial purpose unless you have our written consent to do so;
- Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
- Download any file that you know or reasonably should know, cannot be legally obtained in such manner;
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material;
- Restrict or inhibit any other user from using and enjoying any public area within our website;
- Collect or store personal information about other end users;
- Interfere with or disrupt our website, server or network;
- Impersonate any person or entity, including, but not limited to, a Red Wing Trading Post representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Forge headers, manipulate identifiers or other data in order to disguise the origin of any content transmitted through our website, or to manipulate your presence on our website;
- Take any action that imposes an unreasonably or disproportionately large load on our infrastructure.
- Engage in any illegal activities
Unauthorized access to our website is a breach of this Policy and a violation of the law. You agree not to access our website by any means other than through the interface that is provided by Red Wing Trading Post for use in accessing our website. You agree to not use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor or copy any part of our website except those automated means that we have approved in advance and in writing.
Use of our website is subject to existing laws and legal processes. Nothing contained in this Policy shall limit our right to comply with governmental, court and law enforcement requests or requirements relating to your use of our website.
Requests To Remove Certain Content From Our Website
If you believe that content you own has been copied and made accessible in a manner that violates your intellectual property rights, please review our copyright notice.
Indemnification
You hereby agree to indemnify, defend and hold Red Wing Trading Post, and all of our officers, directors, owners, employees, agents, information providers and licensors (collectively, the "Red Wing Trading Post Parties") harmless from and against any and all liability, losses, costs and expenses (including attorneys' fees) incurred by any Red Wing Trading Post Party in connection with any claim including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement or trademark infringement arising out of:
- Your use of our website;
- The content, quality or performance of content that you submit to our website;
- Your connection to our website;
- Your violation of this Policy; or
- Your violation of the rights of any other person or entity.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.
Disclaimers
We disclaim any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. We disclaim any responsibility for any service outages that are caused by our maintenance on the servers or the technology that underlies our website, failures of our service providers (including telecommunications, hosting and power providers) computer viruses, natural disasters or other destruction or damage of our facilities, an act of nature, war, civil disturbance or other cause beyond our reasonable control.
WE DO NOT WARRANT THAT OUR WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON OUR WEBSITE. OUR WEBSITE AND THEIR CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTY THAT (i) OUR WEBSITE WILL MEET YOUR REQUIREMENTS, (ii) OUR WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR WEBSITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN THROUGH OUR WEBSITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS WILL BE CORRECTED. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR WEBSITE, ANY CONTENT OR ANY OUR SERVICES, TOOLS, PRODUCTS OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF OUR WEBSITE AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.
WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE OUR WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Miscellaneous
Our failure to exercise or enforce any right or provision of this Policy shall not constitute a waiver of such right or provision.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our website or this Policy must be filed within one (1) year after such claim or cause of action arose or be forever barred.
This Policy, including all terms, conditions and policies that are incorporated into this Policy by reference, constitute the entire agreement between you and Red Wing Trading Post and govern your use of our website, superceding any prior agreements that you may have with us.
If any part of this Policy is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Policy shall continue in effect.
Changing This Policy
This Policy is subject to change. We will post any changes to this Policy on this page.
Please direct any additional questions to our
contact us
page.
Updated 02/22/2005