Redondo's, llc. ("Redondo's, llc") agrees to provide you
("User") with those services ("Service") set
forth on the Application subject to User's compliance with the terms
and conditions below.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SERVICE.
BY ACCESSING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND
CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS
AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICE.
Terms, Agreement and Warranty Disclaimer
THE FOREGOING WARRANTIES SET FORTH ARE EXCLUSIVE AND NO OTHER WARRANTY
IS EXPRESSED OR IMPLIED.
Redondo's, llc exercises no control whatsoever over the content
of the information passing through Redondo's, llc's services. Use
of any information obtained via Redondo's, llc is at User's risk.
Neither Redondo's, llc nor any of its affiliates, its licensers,
its contractors or their respective employees warrant that the Service
will be uninterrupted or error free; nor does Redondo's, llc make
any warranty as to the results from use of the Service.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT,
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE OR ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE
OF TRADE. NO ADVICE OR INFORMATION GIVEN BY Redondo's, llc, ITS
AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES
SHALL CREATE A WARRANTY. NEITHER Redondo's, llc NOR ITS AFFILIATES,
ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WARRANTS
THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY
INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE ON THE SERVICE
IS FREE OF VIRUSES, CANCELBOTS, WORMS, TROJAN HORSES OR OTHER HARMFUL
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL REDONDO'S, LLC, ITS AFFILIATES, ITS
LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL
DAMAGES THAT RESULT IN ANY WAY FROM USER'S USE OF OR INABILITY TO
USE THE SERVICE OR TO ACCESS THE INTERNET OR ANY PART THEREOF, OR
USER'S RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE
PROVIDED ON OR THROUGH THE SERVICE, OR THAT RESULT FROM MISTAKES,
OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS
IN OPERATION OR TRANSMISSION, ANY FAILURE OF PERFORMANCE, COMPUTER
VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED
ACCESS TO ALTERATION OF OR USE OF USER'S ACCOUNT, WHETHER FOR BREACH
OF CONTRACT, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. IN THE
EVENT REDONDO'S, LLC, IS FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER
THE TERMS OF THIS AGREEMENT, REDONDO'S, LLC'S LIABILITY SHALL BE
LIMITED TO THE UNUSED BALANCE OF USER'S SUBSCRIPTION PAYMENT PRO-RATED
TO REFLECT THE CURRENT TERM.
If User is dissatisfied with the Service or with any terms, conditions,
rules, policies, guidelines or practices of Redondo's, llc in operating
the Service, User's sole and exclusive remedy is to discontinue
using the Service.
Not withstanding anything to the contrary herein contained, User
agrees to indemnify and hold Redondo's, llc, its affiliates, its
licensers, its contractors or their respective employees harmless
against any and all liability, loss, claim, judgment, damage and
expense including without limitation attorney's fees and cost of
litigation) incurred or suffered by Redondo's, llc, its licensers,
its affiliates, its contractors, or their respective employees as
the result of any and all use of User's account whether authorized
or not authorized or as a result of the negligence, willful misconduct,
or breach of any of the terms of this Agreement by User, including
but not limited to claims, liabilities, losses, damage, judgment
and expense which arise out of alleged injury or death of any person
or damage to property of every kind and description. User shall
promptly notify Redondo's, llc in writing of any claim of which
it is obligated under this indemnity. User shall have the right
to assume the defense of any such claim. User and Redondo's, llc
shall confer as to and agree on the legal counsel(s) to be selected
in any such defense.
Sexually Explicit Materials
User understands that the Internet contains unedited materials some
of which are sexually explicit or may be offensive. User accesses
such materials at his or her own risk. Redondo's, llc has no control
over and accepts no responsibility whatsoever for such materials.
Prohibited Uses User may not:
restrict or inhibit any other user from using and enjoying the Internet;
post or transmit any unlawful, threatening, abusive, libelous, defamatory,
obscene, pornographic, profane, or otherwise objectionable information
of any kind, including without limitation any transmissions constituting
or encouraging conduct that would constitute a criminal offense,
give rise to civil liability, or otherwise violate any local, state,
national or international law, including without limitation the
U.S. export control laws and regulations; post on webspace provided
any sexually explicit materials or materials that may be offensive.
post or transmit any information or software which contains a virus,
cancelbot, trojan horse, worm or other harmful component; post,
publish, transmit, reproduce, distribute or in any way exploit any
information, software or other material obtained through the Service
for commercial purposes (other than as expressly permitted by the
provider of such information, software or other material); upload,
post, publish, transmit, reproduce, or distribute in any way, information,
software or other material obtained through the Service which is
protected by copyright, or other proprietary right, or derivative
works with respect thereto, without obtaining permission of the
copyright owner or rightholder; upload, post, publish, transmit,
reproduce, transmit or distribute in any way any component of the
Service itself or derivative works with respect thereto; send unsolicited
advertising or promotional materials to other network users (See
section titled "MESSAGING"); allow users to run Maillist,
Listserv or any form of auto-responds from User's account; run or
activate processes while User is not logged in; violate the security
of any computer network, crack passwords or security encryption
codes, transfer or store illegal material including that deemed
threatening or obscene, or engage in any kind or illegal activity;
attempt to defeat any idle timer or system tool intended to enforce
the part-time and personal nature of User's connection, including
the use of pingbots and other methods of avoiding timing disconnection
or violate any of the rules, regulations and policies of those networks
and computer systems accessed via User's account.
Redondo's, llc has no obligation to monitor the Service. However,
User agrees that Redondo's, llc has the right to monitor the Service
electronically from time to time and to disclose any information
as may be necessary to satisfy any law, regulation or other governmental
request, to operate the Service properly, or to protect itself or
its subscribers. Redondo's, llc will not intentionally monitor or
disclose any private E-mail message unless required by law. Redondo's,
llc reserves the right to refuse to post or to remove any information
or materials, in whole or in part, that, in its sole and absolute
discretion, are unacceptable, undesirable, or in violation of this
Agreement. Redondo's, llc reserves the right to suspend access to
the Service for User's account. The account's suspension may be
rescinded within the sole and absolute discretion of Redondo's,
llc following payment of a reconnection charge, to be determined
by Redondo's, llc in its sole and absolute discretion.
User agrees that the purposeful distribution of any email message
where the return address, originator's address, or any other identifiable
aspect of the message has been purposefully altered, is prohibited.
User may not purposefully misrepresent the origination information
of any email messages sent while using the Redondo's, llc service.
User agrees to be held responsible for the distribution of fraudulent
VIOLATION OF ANY OF THESE TERMS WILL RESULT IN IMMEDIATE TERMINATION
OF SERVICES. FURTHERMORE, VIOLATION OF ANY OF THESE TERMS, RELATING
TO THE TERMS DESCRIBED WITHIN THIS "MESSAGING" SECTION
OF THIS DOCUMENT, WILL RESULT IN THE IMMEDIATE PENALTY OF $200.
REDONDO'S, LLC, RESERVES THE RIGHT TO CHARGE USER'S CREDIT CARD,
IF ON FILE FOR USE IN PAYMENT OF REDONDO'S, LLC SERVICES, A ONE-TIME
FEE OF $200 PER VIOLATION OF THESE TERMS. IN THE EVENT USER PRE-PAYS
FOR THEIR REDONDO'S, LLC SERVICE VIA CASH, CHECK, OR MEANS OTHER
THAN CREDIT CARD, REDONDO'S, LLC RESERVES THE RIGHT TO INVOICE AND
HOLD USER RESPONSIBLE FOR THE ONE-TIME FEE OF $200 PER VIOLATION
OF THESE TERMS. USER ALSO AGREES TO THE IMMEDIATE TERMINATION OF
REDONDO'S, LLC SERVICES FOR VIOLATION OF ANY OF THESE TERMS.
You agree not to post any of the following restricted contents:
Illegal, Abusive or Unethical Activities include, but are not limited
to, pornography, obscenity, nudity, violations of privacy, hacking,
computer virus, gambling, or promotion of gambling, and any harassing
or harmful materials or uses, as determined by us. You agree to
indemnify and hold us harmless from any claim resulting from your
publications or use of Illegal, Abusive or Unethical materials.
Information transmitted through Redondo's, llc and through the Internet
in general is not confidential. Redondo's, llc cannot and shall
not guarantee privacy or protection of any User. Redondo's, llc
reserves the right to monitor any User's transmissions when deemed
necessary for providing proper service and/or to protect the rights
and property of Redondo's, llc.
Unless required by court order, subpoena or other legal request,
or upon the advice of counsel, REDONDO'S, LLC may publish User's
name and other consumer information in one or more directories which
may be accessed by other Internet users. In addition, unless User
notifies REDONDO'S, LLC to the contrary as provided above, REDONDO'S,
LLC may make such information available to third parties from time
to time. User understands further that merchants on the Internet
may have access to such information and may make it available to
third parties in accordance with their normal practices unless User
notifies those merchants directly that User does not wish such information
to be made available.
Redondo's, llc will not be held responsible for anyone using any
posting or messaging services on Redondo's, llc services. You will
be using all services at your own risk. Any problems that may occur
such as fraudulent, hacking, threatening, etc. by others will be
the user's problem to resolve the matter. Redondo's, llc will not
disclose any information of the wrongful party unless it is a major
crime committed, and will be given to the proper authorities.
All Conditions, At anytime, Redondo's, llc will not be held responsible
for any situation or problem that may happen and that you will take
Redondo's, llc may at any time revise these Terms and Conditions
by updating this document. You are bound by any such revisions and
should therefore periodically visit Redondo's, llc to review the
current Terms and Conditions to which you are bound.
This Agreement constitutes the entire agreement between User and
Redondo's, llc with respect to the Services.