Terms of Service
Terms of Service
Please read the following important Terms of Service Agreement (the ‘Agreement’) before accessing or using any of the various services (the ‘Services’) made available to you (the ‘Member’) by RedOakCart.Com and/or Speaker Fulfillment Services, Inc. through the RedOakCart.Com (www.RedOakCart.com) website.
Billing
You will be billed every month as long as you remain a member according to the service level you signed up to use.
Silver – $37.00 a month
Gold – $77.00 a month
Platinum – $147.00 a month
Cancellations and Refunds:
There is no refund if you have received any service. Due to the fact that we are providing an actual service and time to set up, monitor and manage your account, no refunds will be given.
To cancel your service, please fax your cancelation to (812) 877-7115 or submit a ticket through your account no less than 48 hours prior to billing.
Acceptance:
By using the RedOakCart.Com Services, you accept and agree to the Terms of Service (TOS) in this agreement. Any violation of the TOS, as determined by the RedOakCart.Com Staff, may result in termination of your RedOakCart.Com membership.
Agreement:
The Agreement constitutes the entire agreement between Member and RedOakCart.Com and governs your use of RedOakCart.Com and the Services, superseding any prior agreements between Member and RedOakCart.Com. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The failure of RedOakCart.Com to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. The section titles in the Agreement are for convenience only and have no legal or contractual effect.
Modifications:
RedOakCart.Com reserves the right to revise, modify, discontinue, or amend this Agreement at any time, for any reason, or for no reason at all; at RedOakCart.Com’s sole discretion. Member agrees that RedOakCart.com will not be held liable for any modification, amendment, or discontinuance of the Service
and a user’s continued use of RedOakCart.Com will signify agreement to such changes. Member also agrees that RedOakCart.Com will not be held liable for any damages of any kind resulting from your use of the Service. The Service is provided on an ‘as is’ basis. RedOakCart.Com expressly disclaims all warranties of
any kind, whether express or implied.
The most recent version of this Agreement will be posted in the RedOakCart.Com membership website. Although RedOakCart.Com will provide notice of material changes to this Agreement on the RedOakCart.Com website, as a Member it is your sole responsibility to keep yourself apprised of any such modifications or amendments. Should Member object to any terms and conditions of the Agreement or any subsequent modifications thereto or become dissatisfied with RedOakCart.Com in any way, Member’s only recourse is too immediately: (1) discontinue use of RedOakCart.Com; (2) terminate RedOakCart.Com registration/membership; and (3) notify RedOakCart.Com of termination.
Notice of Disclaimer:
RedOakCart.Com provides no warranty expressed or implied regarding any of the company’s materials, products or services. While every effort has been taken to ensure the accuracy and reliability of our materials, products, and services; the services are provided on an ‘AS IS’ basis and members are using these services at your own discretion and risk.
Also, RedOakCart.Com does not and cannot warranty that the materials or service will be uninterrupted or error-free, or that our web site or the server that makes it available for use or downloading from the Internet, will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties.
Each individual Member is responsible for implementing sufficient procedures and checkpoints to satisfy their particular requirements for accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data. RedOakCart.Com does not assume any responsibility or risk for your use of the Internet.
RedOakCart.Com does not warrant or make any representations regarding the use or the results of the use of the materials in our web site in terms of their correctness, security, accuracy, reliability, timeliness, performance or otherwise. We will not now or in the future reimburse you for any reason for any money or time lost when using the RedOakCart.Com services.
RedOakCart.Com disclaims any warranties for other services or goods received through or advertised on the RedOakCart.Com website or the services accessed through any links on the RedOakCart.Com website or any other forms of communications.
The information and services are not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by RedOakCart.Com. Information obtained by using this site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals.
All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and EmailDelvered.Com does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer, accurate or complete.
Use of Information:
RedOakCart.Com provides a unique service for its clients; and at time, will need to interact directly and indirectly on Member.s behalves. By agreeing to these Terms of Service, you authorize RedOakCart.Com to act directly and indirectly on your behalf with other companies included but not limited to Internet Service Providers (ISPs), companies that are either affiliated or provide services to or on behalf of ISPs, or any other company or service with the expressed intention of resolving email deliverability issues. Member authorizes RedOakCart.Com to act on their behalf and provide and release account information to third parties for this sole purpose. Member also understands and agrees that RedOakCart.Com cannot guarantee any outcomes or results from the use of it.s materials, products, and services.
Member Usage:
Use of the Services by you, as a Member, is subject to all applicable local, state, national and international laws and regulations. RedOakCart.Com reserves the right, but does not assume any obligation, to monitor the Services to enforce this Agreement. Nor does RedOakCart.Com guarantee that any monitoring it does perform will be to the Member’s satisfaction. Upon learning of any violation of this Agreement, RedOakCart.Com, at its sole discretion, may terminate your access to and use of the Services, require you to remedy such violation, and/or take any other actions that RedOakCart.Com deems appropriate to enforce its rights and pursue all available remedies. Without limitation, RedOakCart.Com reserves the right to terminate your access to and use of the Services if, in our view, your conduct fails to meet any of the following guidelines:
- Members shall not hold themselves out as sponsored by, endorsed by, or affiliated with the RedOakCart.Com or the RedOakCart.Com website.
- Members shall not attempt to gain unauthorized access to RedOakCart.Com’s database or other computer systems.
_ Members shall not attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by RedOakCart.Com in connection with the RedOakCart.Com website or Services.
- Members shall not engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Services or the RedOakCart.Com website.
- Members shall not use any portion of the RedOakCart.Com website or the Services for any unlawful purpose.
All judgments concerning the applicability of these guidelines shall be at the sole and exclusive discretion of RedOakCart.Com. An account may be terminated at any time, without notice, at RedOakCart.Com.s sole discretion.
Member Account and Password:
Once Member registers for the RedOakCart.Com Service, Member will have a username, password, and an account with RedOakCart.Com. Member is responsible for maintaining the confidentiality of Member’s username, password, and account information. Furthermore, Member is entirely responsible for any and all activities that occur under Member’s account. Member agrees to immediately notify RedOakCart.Com of any unauthorized use of Member’s account or any other breach of security known to Member.
Updating or Removing User Information:
As a registered member of RedOakCart.Com website and the Services, you may at any time and are encouraged to correct or update account information you have submitted to RedOakCart.Com to better assist us with providing the Service. This may be done by login into your RedOakCart.Com account or submitting the information via the RedOakCart.Com ticket system.
Copyrights, Trademarks, Patents and Intellectual Property Rights:
Member acknowledges that messages, files or other materials (‘Content’) contained on the RedOakCart.Com website and within RedOakCart.Com email messages and third party advertisements on the website and distributed via any other form or communication, are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Member is permitted to use RedOakCart.Com Content or third party Content only as expressly authorized by RedOakCart.Com or the third party advertiser. Member may not copy, reproduce, distribute, or create derivative works from the RedOakCart.Com Content or third party Content without expressly being authorized to do so by RedOakCart.Com.
RedOakCart.Com respects copyright law and expects Members to do the same. Illegal or unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders’ rights.
Governing Law:
This Agreement and the relationship between Member and RedOakCart.Com shall be governed by the laws of the State of Indiana without regard to its conflict of law provisions. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.
Disputes:
Member and RedOakCart.Com agree to submit to the exclusive jurisdiction of the courts located within Vigo County, Indiana to resolve any dispute arising out of the Agreement or the RedOakCart.Com Services.
Each of the parties hereby knowingly, voluntarily and intentionally waives any right it may have to a trial by jury in respect of any litigation (including but not limited to any claims, counterclaims, cross-claims, or third party claims) arising out of, under or in connection with this agreement.
Further, each party hereto certifies that no representative or agent of either party has represented, expressly or otherwise, that such party would not in the event of such litigation, seek to enforce this waiver of right to jury trial provision. Each of the parties acknowledges that this section is a material inducement for the other party entering into this agreement.
Indemnification:
Member agrees to indemnify and hold RedOakCart.Com, its subsidiaries, affiliates, successors, assigns, directors, officers, agents, employees, service providers, and suppliers harmless from any dispute which may arise from a breach of terms of this Agreement. Member agrees to hold RedOakCart.Com harmless from any claims and expenses, including reasonable attorney’s fees and court costs, related to Member’s violation of this Agreement.
Termination:
Either party may terminate use of the RedOakCart.Com website or the Services with or without cause at any time and effective immediately upon written or email notice to the other party. RedOakCart.Com may terminate with or without cause at any time and effective immediately, at RedOakCart.Com’s sole discretion. RedOakCart.Com shall not be liable to Member or any third party for termination of use of RedOakCart.Com website or the Services. Member’s right to use RedOakCart.Com or the Services shall cease immediately.
If your Membership is terminated by yourself or the RedOakCart.Com Staff, there is no obligation for a refund of any amount you have paid for the membership.
In the event of termination, the RedOakCart.Com Staff will determine whether you receive a partial, full, or no refund on your membership.
If – at any time – RedOakCart.com and it.s representatives consider your email practices to be questionable, we reserve the right to terminate your subscription immediate. No partial refund will be given.
Limitation of Liability:
Under no circumstances shall RedOakCart.Com be liable on account of member.s use or misuse of the RedOakCart.Com website or the services, whether the damages arise from, use or misuse of the RedOakCart.Com website or the services, from inability to use the RedOakCart.Com website or the services or the interruption, suspension, modification, alteration, or termination of the RedOakCart.Com website or the services.
Such limitation shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with the RedOakCart.Com website or services, any links on the RedOakCart.Com website, by reason of any information or advice received through or advertised in connection with the RedOakCart.Com website, as well as any other form of communication. These limitations shall apply to the fullest extent permitted by law.
Restrictions On Use
You may use this site for purposes expressly permitted by this site. You may not use this site for any other purpose, including any commercial purpose, without RedOakCart.Com.s express prior written consent. For example, you may not (and may not authorize any other party to) (i) co-brand this site, or (ii) frame this site, or (iii) hyper-link to this site, without the express prior written permission of an authorized representative of RedOakCart.Com. For purposes of these Terms of Use, ‘co-branding’ means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with RedOakCart.Com in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.
Hyper-Links
This site may be hyper-linked to other sites which are not maintained by, or related to, RedOakCart.Com. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with this site or our RedOakCart.com. RedOakCart.Com has not reviewed any or all of such sites and is not responsible for the content of those sites. Hyper-links are to be accessed at the user’s own risk, and RedOakCart.Com makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to this site. Further, the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by RedOakCart.com of that site, company, or product and services they may provide.
User Information Collected by RedOakCart.Com
Cookies and Passive Data Collection:
RedOakCart.Com logs standard user information and clickstream data for all users, including a user’s IP address, operating system, and page views. When users visit particular pages within RedOakCart.Com, a UserID may be placed in the URL, allowing customized features for the user. Users should be aware that other websites visited before entering RedOakCart.Com might place personally identifiable information within a user’s URL during a visit to their website, and RedOakCart.Com has no control over such websites. Accordingly, some of this information may be logged by a subsequent website that collects URL information.
In addition to the standard log information, RedOakCart.Com uses a variety of technologies to create a more personalized experience for its users. Cookies are small data files sent by websites to a user’s browser and hard drive that identify the computer to the website. We use cookies to allow enhanced features, such as allowing registered users to bypass typing their passwords before entering the website. We may also use cookies to enable customizable content for users, as they become available. Users have the option, within their Internet browsers, to disable cookies and continue to access the RedOakCart.Com website.
Pixel tags are tiny graphic files that are included in HTML-encoded e-mail messages. We use pixel tags to gather information about the e-mails we send to our registered users. When such a message is opened in an HTML-capable e-mail program, the recipient’s computer accesses our server to retrieve the pixel tag file, and allows us to record and store the date and time, the recipient’s e-mail address, and other standard logging information. The pixel tag also may read cookies. RedOakCart.Com web pages may also contain similar pixel tags that allow us to count users who have visited those pages, to compile aggregated statistics about site usage, and to deliver co-branded services as they become available. RedOakCart.Com pixel tags collect only a limited set of information including a cookie number, time and date of a page view, and a description of the page on which the pixel tag resides. RedOakCart.Com web pages may also contain pixel tags placed there by third party ad servers, to monitor the effectiveness of their advertising.
RedOakCart.Com uses cookie, IP address, clickstream and URL information to improve the content of the RedOakCart.Com website, the quality of RedOakCart.Com servers, and to provide enhanced features to users, where available. We use cookies to save UserIDs, session validators, and on users’ browsers and hard drives, and may use them to provide tailored products or services to those users, as they become available. We also cross-match user information with information collected from cookies and clickstream data in order to test features of the RedOakCart.Com website, and to better personalize our various offerings for users. IP Addresses also help us to diagnose problems with our server, to administer the RedOakCart.Com site, and to otherwise provide the RedOakCart.Com service to its users. IP addresses may be disclosed to a third party if we believe in good faith that the law or legal process so requires, or to protect the rights or property of RedOakCart.Com or others. From time to time we may extend various offers from various partner companies, including news or additional details on products and services. A user’s usage history may result in specifically tailored special offer screens or products. We may also produce aggregate reports for advertisers. For example, we may report to advertisers the number of users who clicked on an ad, or the number of users that visited different portions of the RedOakCart.Com website. This information will not include personally identifiable information about a user, or a specific user’s online usage patterns.
Protection of RedOakCart.Com and Others:
RedOakCart.Com may disclose personally identifiable user information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. RedOakCart.Com may also disclose information about its users to law enforcement officers or others, in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms of Service; or protect the rights, property, or personal safety of RedOakCart.Com, its users or the general public.
Security:
RedOakCart.Com uses industry standard security measures to protect the loss, misuse and alteration of the information under our control. Although we make good faith efforts to store the information collected by the RedOakCart.Com website in a secure operating environment that is not available to the public, we cannot guarantee complete security. Further, while we make every effort to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party ‘hackers’ from illegally obtaining this information.
Change of Ownership:
In the event of a change in ownership, or a direct merger or acquisition with another entity, we reserve the right to transfer all of RedOakCart.Com’s user information, including email addresses and postal addresses, to a separate entity. All registered users will be notified of any change in ownership, merger or acquisition of RedOakCart.Com’s assets by a third party, and may choose to modify any of their registration information at that time.
Contacting RedOakCart.Com:
Users with questions about this Terms of Service and any of the aforementioned statements may contact RedOakCart.Com by sending a letter to RedOakCart.Com.com, 2001 N Hunt St, Terre Haute, Indiana 47805.
