1. Use of Web Site Information - You may download, view, copy and print documents and graphics incorporated in these documents (the "Documents") from the Site subject to the following: (a) the Documents may be used solely for personal, informational, non-commercial purposes; and (b) the Documents may not be modified or altered in any way. Except where your use constitutes "fair use" under copyright law, you may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any information from this Web site in whole or in part without the express authorization.
2. Third Party Web Sites, Content, Products and Services - The Site provides links to Web sites and access to content, products and services from third parties, including users, advertisers, affiliates and sponsors of the Site. You agree that Red Bend Software, Inc. is not responsible for the availability of, and content provided on, third party Web sites. You should refer to the policies posted by other Web sites regarding privacy and other topics before you use them. You agree that Red Bend Software, Inc. is not responsible for third party content accessible through the Site, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of such content. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that Red Bend Software, Inc. is not responsible for: (a) the quality of third party products or services; and (b) fulfilling any of the terms of your agreement with the seller, including delivery of products or services and warranty obligations related to purchased products or services. You agree that Red Bend Software, Inc. is not responsible for any loss or damage of any sort you may incur from dealing with any third party.
3. Disclaimer - EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. RED BEND SOFTWARE, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. RED BEND SOFTWARE, INC. MAKES NO WARRANTY THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. RED BEND SOFTWARE, INC. SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE. RED BEND SOFTWARE, INC. RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE SITE AT ANY TIME WITHOUT NOTICE.
4. Limitation of Liability - IN NO EVENT SHALL RED BEND SOFTWARE, INC. BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
5. Indemnity - You agree to defend, indemnify and hold harmless Red Bend Software, Inc., its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Site.
6. Copyright/Trademark Information - Copyright © 2000-2011, Red Bend Software, Inc. All rights reserved.
Red Bend collects and uses your personal information to provide superior service to our customers, to provide all visitors with convenient access to information about our products and services, and to make a wider range of products and services available to you.
We collect information about you in several ways. For example, we might ask for your contact information when you correspond with us, call us to make a purchase or request service, register to attend an event, or participate in a survey. In addition, when you register a new Red Bend product, sign up for Red Bend services, download content from our Web Site, or ask to be included in an e-mail mailing list, we collect and store the information you provide in a secure database.
You are not required under law to provide any of the aforesaid information, however, as aforesaid, your abstention from providing such information could restrict your ability to use and/or receive services from the Web Site.
Furthermore, at times we may be required by law or legal process to disclose your personal information for instance, in any of the following occurrences:
(b) In the event of any dispute, claim, suit, or other legal proceedings of any kind between you and Red Bend.
(c) In any event that, in the opinion of Red Bend, the disclosure of such information is required in order to prevent damage to your body or to your property, or to the property or body of any other third party. In such event, Red Bend shall use its reasonable best efforts in order to notify you of such disclosure.
Red Bend safeguards the security of the data you send us with physical, electronic, and managerial procedures. We urge you to take every precaution to protect your personal data when you are on the Internet. Change your passwords often, use a combination of letters and numbers, and make sure you use a secure browser.
The Red Bend website uses industry-standard Secure Sockets Layer (SSL) encryption on all Web pages where personal information is required.
To the extent that you do provide us with personal information, Red Bend wishes to maintain it accurately. Where we collect personal information from you on the Web, our goal is to provide a means of contacting Red Bend should you need to update, correct or remove that information. If for any reason those means are unavailable or inaccessible, you may send updates and corrections about your personal information to Red Bend by contacting Red Bend at: 400 Totten Pond Road, Suite 130, Waltham, MA 02451 and we will make reasonable efforts to incorporate the changes in your personal information that we hold as soon as practicable.
When you browse Red Bend's Web site, you are able to do so anonymously. However, in addition to the information that you shall disclose actively, during your use of the Web Site, it is possible that certain information about you may be accumulated including, amongst other things, personalized and general information, including without limitation, information regarding the manner in which you use the Web Site, the sections of the Web Site which you have visited, services and products that you have shown interest in, content that you have viewed on the Web Site, offers and activities that have interested you, the placement of the computer via which you have visited the Web Site, IP address etc. Additionally, Red Bend utilizes “Cookies”, as further detailed below.
For instance, in some of our e-mails to you, we use a "click-through URL." When you click one of these URLs, you pass through our Web server before arriving at the Web site that is your destination. We track click-throughs to help us determine your interest in particular topics and measure the effectiveness of our customer communications.
Red Bend uses technological means known as “Cookies” for the purpose operating the Web Site and maintaining the Web Site in normal working order, within the framework of which Red Bend also collects statistical information in connection with the use of the Web Site, verification of data, and to suit the Web Site to your personal preferences and data security requirements.
Cookies are text files that are created by your Internet browser in accordance with instructions provided to it by the system computers. Some of the “Cookies” will be deleted from your computer once you close the Internet browser, however others will be saved on your computer.
Cookies contain information such as the Internet WebPages you have visited, the time spent on each site, from where you arrived at the Web Site etc. They are also used for a quick and easy entrance into your account on the Web Site, by “memorizing” your details in parts of the Web Site that require registration. The information in a Cookie is encrypted, and Red Bend uses security means that are commonly acceptable in the industry in order to protect the security of the information and its computers.
Red Bend is fully committed to protecting your privacy. Our Web Site, however, does contain links to other websites. Red Bend does not share your personal information with those web sites and is not responsible for their privacy practices. We encourage you to learn about the privacy policies of those companies.
If we are going to use your personal information differently from that stated at the time of collection, we will try to contact you via e-mail using the most recent information we have. If you have not given us permission to communicate with you, you will not be contacted, nor will we use your personal information in a new manner.
Red Bend, vRapid Mobile, vDirect Mobile, vLogix Mobile, vSense Mobile, TRUE, Red Bend-Enabled and Red Bend-Certified are trademarks of Red Bend Software, Inc. Other names appearing on the Site may be trademarks of their respective owners.