By signing up or logging into the Redcore service (“Service”) or any of the services of Redcore LLC (“Redcore”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). The Services offered by Redcore, LLC under the Terms of Service include various products and services to help you create and manage a retail store. Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time at https://redcore.com/terms/. These terms can be updated at anytime with or without notice. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service. When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service. You are responsible for safeguarding the login credentials that you use to access the Service and for any activities or actions under your credentials, whether your credentials are with our Service or a third-party service. You agree not to disclose your login credentials to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. We ask that each individual only create one account. We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service. We may terminate or suspend your account for viewing source code on the browser, viewing the html or files located on the server, inspecting the elements on the site through the browser, opening the console, etc. No Purchase Necessary. Our Service may contain links to third-party websites or services that are not owned or controlled by Redcore. Redcore has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Redcore 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 use of or reliance on any such content, goods or services available on or through any such websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least a few days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service. You can request to have your information removed from our database by contacting us through the Redcore Chat. Redcore reserves the right to update and change the Terms of Service by posting updates and changes to the Redcore and Redcore website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you. You must read, agree with and accept all of the terms and conditions contained in this Terms of Service agreement and Redcore’s Privacy Policy before you may become an Redcore user. Everyday language summaries are provided for convenience only and are not legally binding. Please read the “Terms of Service” for the complete picture of your legal requirements. By using Redcore or any Redcore services, you are agreeing to these terms. Be sure to occasionally check back for updates. 1.) Account Terms You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service. To access and use the Services, you must register for a Redcore account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. Redcore may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion. You acknowledge that Redcore will use the email address you provide as the primary method for communication. You are responsible for keeping your password secure. Redcore cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password. You are responsible for all activity and content such as data, graphics, photos and links that is uploaded under your Redcore Account (“Design Dashboard”). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any term in the Terms of Service as determined in the sole discretion of Redcore will result in an immediate termination of your services. Don’t use REDCORE for anything illegal or transmit any harmful code. Remember that with any violation of these terms we will cancel your service. If we need to reach you, we will send you an email. 2.) Account Activation. The person signing up for the Service will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service. If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service. Redcore requires valid contact information, physical address, email, and phone number of it’s clients. If contact information is found to be incorrect, client’s account may be suspended until such a time that the information is corrected. Upon purchasing a domain name through Redcore, domain registration will be preset to automatically renew each year so long as your Redcore Account remains active. You acknowledge that it is your sole responsibility to deactivate the auto-renewal function should you choose to do so. The person signing up for the REDCORE Service is responsible for the account and is bound by these Terms of Service. If you sign up on behalf of your employer, your employer owns the account and is also bound by our Terms of Service. Any domain you purchase through us will automatically renew unless you opt out. 3.) General Conditions You must read, agree with and accept all of the terms and conditions contained in these Terms of Service and the Privacy Policy before you may become a member of Redcore. Technical support is only provided to paying Account holders and is only available via Redcore Chat. Customer support is available to all users of an Account holders’ shop and is available via Redcore Chat or phone. The Terms of Service shall be governed by and interpreted in accordance with the laws of the State of Utah and the laws of the United States applicable therein, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the State of Utah with respect to any dispute or claim arising out of or in connection with the Terms of Service. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded. You acknowledge and agree that Redcore may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on the Redcore website, available at https://www.redcore.com/legal/terms and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to the Redcore website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service. You may not use the Redcore service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of the United States and the State of Utah. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Redcore. You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Redcore, Redcore or Redcore trademarks and/or variations and misspellings thereof. Questions about the Terms of Service should be sent to team@redcore.com. You understand that your Store Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks. You acknowledge and agree that your use of the Service, including information transmitted to or stored by Redcore, is governed by its privacy policy. The REDCORE service belongs to the owner(s) of Redcore, LLC. You are not allowed to rip it off or use it for any illegal or questionable purpose. If a dispute arises, the issue will be dealt with in the State of Utah. Your content may be transferred unencrypted and may be altered, but credit card information is always encrypted. 4.) Redcore Rights We reserve the right to modify or terminate the Service for any reason, without notice at any time. We reserve the right to refuse service to anyone for any reason at any time. We may, but have no obligation to, remove Store Content and Accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. Verbal or written abuse of any kind (including threats of abuse or retribution) of any Redcore customer, Redcore employee, member, or officer will result in immediate Account termination. Redcore does not pre-screen Store Content and it is in our sole discretion to refuse or remove any Store Content that is available via the Service. We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Redcore employees and contractors may also be Redcore customers/merchants and that they may compete with you, although they may not use your confidential information in doing so. In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc. Redcore retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful Account owner, Redcore reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties. Redcore may refuse at any time to handle or distribute products of any kind that in Redcore’s sole judgment is an invasion of privacy, is degrading, libelous, unlawful, profane, obscene, tends to ridicule or embarrass, or is in bad taste, or which in Redcore’s sole judgment is an infringement on a trademark, or trade name, or service mark, or copyright belonging to others, or is in violation of the FTC Mail or Telephone Order Merchandise Trade Regulation Rules, or other governmental regulations. We can modify, cancel or refuse the service at anytime. In the event of an ownership dispute over a Redcore account, we can freeze the account or transfer it to the rightful owner. 5.) Limitation of Liability You expressly understand and agree that Redcore shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service. In no event shall Redcore or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Redcore partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference, or your violation of any law or the rights of a third party. Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory. Redcore does not warrant that the Service will be uninterrupted, timely, secure, or error-free. Redcore does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. Redcore does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected. We are not responsible if you break the law, breach this agreement or go against the rights of a third party, especially if you get sued. Service is “as is” so it may have errors or interruptions and we provide no warranties. 6.) Waiver and Complete Agreement The failure of Redcore to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Redcore and govern your use of the Service, superseding any prior agreements between you and Redcore (including, but not limited to, any prior versions of the Terms of Service). If Redcore chooses not to enforce any of these provisions at any time, it does not mean that they give up that right later. These terms of service make up the agreement that applies to you. This means that any previous agreements between you and Redcore don’t apply if they conflict with these terms. 7.) Intellectual Property and Customer Content We do not claim any intellectual property rights over the material you provide to the Redcore service, only content created by the Redcore Design Team. All materials that you upload will remain your property. You can remove your Redcore Designs at any time by deleting your Account. You can delete your account by requesting this through the Redcore Chat. By uploading Content, you agree: (a) to allow other internet users to view your Content potentially; (b) to allow Redcore to display and store your Content on the Redcore servers; and (c) that Redcore can, at any time, review all the Content submitted by you to its Service. You retain ownership over all Store Content that you upload to an Redcore store; however, by making your store public, you agree to allow others to view your Store Content. You are responsible for compliance of Store Content with any applicable laws or regulations. You retain ownership over all content that you submit in the Redcore website however, by add other users to your proofs, this make your content become public, you agree to allow others to view your content. We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose. Anything you upload remains yours and your responsibility. 8.) Payment of Fees A valid credit card is required for Accounts able to process orders using a live payment gateway. Accounts used for development purposes (unable to process orders using a live payment gateway) do not require a valid credit card. The service will be billed in 30 day intervals. When your billing period is over the Account Owner will be sent an invoice via the email provided. As well, an invoice will appear on the Account page of your Redcore administration console. Users have approximately two weeks to bring up and settle any issues with the billing. All fees are exclusive of applicable federal, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”). If you are a resident of the State of Utah; you are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of Redcore’s products and services. These Taxes are based on the rates applicable to the U.S billing address you provide to us and will be calculated at the time of purchase of the applicable Taxable Offerings. Such amounts are in addition to fees for the Taxable Offerings and will be billed to the credit card you use to pay for the Taxable Offerings. If you are exempt from payment of such Taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such a certificate. Redcore does not provide refunds of canceled subscriptions or fees. For live payment gateways, a valid credit card is required. You will be billed every 30 days and have 2 weeks to pay. Tax is not included and will be billed to your credit card. If you’re exempt from U.S. taxes, let us know by giving us your original exemption certificate and we’ll stop adding taxes to your bill. No refunds of subscriptions or fees. Late fees will be applied to invoices not paid in a timely manner. Further late fees will accrue every additional month the invoice is past due. Past due invoices on the account may cause a hold to be put on your account, and your projects may be given lower priority. 9.) Cancellation and Termination You may cancel your Account at anytime by emailing team@redcore.com or through the Redcore Chat and then following the specific instructions indicated to you in Redcore’s response. Upon termination of the Services by either party for any reason: Redcore will cease providing you with the Services and you will no longer be able to access your Account; unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any fees, pro rata or otherwise; any outstanding balance owed to Redcore for your use of the Services through the effective date of such termination will immediately become due and payable in full; and your account will be taken offline. If you purchased a domain name through Redcore, upon cancellation your domain will no longer be automatically renewed. Following cancellation, it will be your sole responsibility to handle all matters related to domains you own with the domain provider. If at the date of termination of the Service, there are any outstanding fees owing by you, you will receive one final reminder invoice via email. Once that invoice has been paid in full, you will not be charged again. We reserve the right to modify or terminate the Redcore Service or your Account for any reason, without notice at any time. Fraud: Without limiting any other remedies, Redcore may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site. To initiate a cancellation, email team@redcore.com. Redcore will respond with specific information regarding the cancellation process for your account. Once cancellation is confirmed, domains purchased through Redcore will no longer be automatically renewed. If you cancel in the middle of your billing cycle, you’ll have one last email invoice. We may change or cancel your account at any time. Any fraud and we will suspend or cancel your account. 10.) Modifications to the Service and Prices Prices for using the Services are subject to change upon 30 days notice from Redcore. Such notice may be provided at any time by posting the changes to the Redcore Site (redcore.com) or the administration menu of your Redcore store via an announcement. Redcore reserves the right at any time, and from time to time, to modify or discontinue, the Service (or any part thereof) with or without notice. Redcore shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service. We may change or discontinue the service at anytime, without liability. 11.) Optional Tools Redcore may provide you with access to third party tools over which Redcore neither monitors nor has any control or input. You acknowledge and agree that Redcore provides access to such tools ‘as is’ without any warranties, representations or conditions of any kind and without any endorsement. Redcore shall have no liability whatsoever arising from or relating to your use of optional third party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve the terms on which tools are provided by the relevant third party provider(s). Redcore strongly recommends that merchants seek specialist advice before using or relying on certain tools. We are not responsible for third party tools so use them at your own risk. If you use them you agree that we do not provide a warranty, so get advice beforehand. 12.) Fulfillment Fulfillment is the receipt, storage, assembly and shipment or transmission of product or data on behalf of another party. Redcore assumes that all materials provided will meet manufacturers’ specifications. Materials which do not meet manufacturers’ specifications may be subject to pricing at special rates. Client will be notified when a deficiency is discovered and approval will be obtained for handling at special rates before proceeding with work, and a new delivery schedule may result. Client is expected to provide Redcore with sufficient inventory or adequate sources of supply to meet anticipated demand. If inventory is being provided outside of normal production, each incoming carton or skid must bear an identity, item code, quantity and a sample clearly visible. Each carton or skid must have only one material version, unless clearly marked and separated. Multiple items should not be included within a single carton, skid or container unless noted thereon and on accompanying paperwork. All items must be clearly and accurately coded. Redcore shall not be responsible for picking and packing errors which result from the erroneous marking of items or the client’s failure to code them. There are three categories of shrinkage allowances typical in the fulfillment industry: If Redcore is not authorized to perform counts of the literature or products received, nor is there independent verification, then no realistic shrinkage expectations can be developed and Redcore is not responsible for inventory shrinkage. If Redcore performs test counts, spot checks and weight counts, the industry standard for shrinkage is 5% to 10% of printed material received and 2% to 3% of products received.If Redcore has been paid to count/verify valuable items on receipt and to maintain the counted material in a special secured environment, the standard shrinkage allowances do not apply, and Redcore is responsible for losses that could have been prevented by exercising reasonable and prudent care. Any liability for losses that Redcore assumes is limited to the manufacture cost of the materials and does not include indirect or consequential claims, such as loss of sales or opportunity. Absent specific instructions from the client on the disposition of excess materials, Redcore may collect reasonable storage charges. If the client fails to respond to a disposition request and fails to pay applicable storage charges Redcore may, after 60 days, destroy or sell the stored material. Redcore is not responsible for failure to meet agreed on processing schedules if such failure can be traced to fire, accidents, acts of God, mechanical breakdown, acts of terrorism, failures on the part of the U.S. Postal Service or other common carriers, or other events that are outside the control of Redcore. Redcore is responsible to correct misdirected or erroneous shipments provided the errors were expressly the fault of Redcore. Its liability is limited to the cost of re-shipping a corrected order or, at Client’s option, retrieval of the material shipped at Redcore’s expense. Redcore is not liable for loss of business or incidental or consequential damages or costs. We produce, receive, store, and ship your product. If you let us, we will maintain inventory counts and are responsible if counts are inaccurate. Anything that we do incorrectly we will correct or replace. We are responsible for orders that are shipped incorrectly and will re-ship them to you at our expense. 13.) DMCA Notice and Takedown Procedure Redcore supports the protection of intellectual property and asks Redcore merchants to do the same. It’s our policy to respond to all notices of alleged copyright infringement. If someone believes that one of our merchants is infringing their intellectual property rights, they can send a DMCA Notice to Redcore’s designated team at support@redcore.com using the subject line “DMCA”. Upon receiving a DMCA Notice, we may remove or disable access to the material claimed to be a copyright infringement. Once provided with a notice of takedown, the merchant can reply with a counter notification using our form if they object to the complaint. The original complainant has 14 business days after we receive a counter notification to seek a court order restraining the merchant from engaging in the infringing activity, otherwise we restore the material. Redcore respects intellectual property rights and you should too. If we receive a DMCA Notice, we may disable access or remove the allegedly infringing content from your website. If you don’t think the claim is valid, you can proceed with a counter notification. If you believe one of our merchants is infringing your intellectual property rights, you can send Redcore a DMCA Notice. We will expeditiously disable access or remove the content and notify the merchant. Be advised that we post all notices we receive. 14.) Returns Policy Our primary goal at REDCORE is to make sure you get the quality products you need to effectively promote your cause. As such, we ask for your help in supporting our Return Policy. Please inspect your product immediately upon arrival. Claims, returns, and exchanges for damaged or misprinted products must be reported within 48 hours of delivery. Anything not reported within 48 hours will not be accepted. There is a 25% restocking fee for returned stocked products. Please note that undamaged customized products cannot be returned to REDCORE for a refund. Refunds after 24 Hours are only given in the form of account credit. Customized product, regardless of design by the Redcore team or by customer, is unqualified for refund. It is recommended to order samples prior to placing customized orders as color and quality of product may vary from approved projects via Redcore. We highly recommend requesting a pre-production samples, especially if the product has provided by the user. User understands that variations in product is possible, and releases Redcore and its employees of liability any such variations of Service or product. This privacy policy has been compiled to better serve those who are concerned with how their ‘Personally Identifiable Information’ (PII) is being used online. PII, as used in US privacy law and information security, is information that can be used on its own or with other information identify, contact or locate a single person, or to identify an individual in context. Please read out privacy policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your Personally Identifiable Information in accordance with our website. 1. What personal information do we collect from the people that visit our blog, website or app? When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address, mailing address, phone number, credit card information or other details to help you with your experience. 2. When do we collect information? We collect information from you when you register on our site, place an order or enter information on our site. 3. How do we use your information? We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways: To personalize user’s experience and to allow us to deliver the type of content and product offerings in which you are most interested. To allow us to better service you in responding to your customer service requests. To quickly process your transactions. We are committed to keeping your personal information confidential. We do not sell, rent, or lease our subscription lists to third parties, and we will not provide your personal information to any third party individual, government agency, or company at any time unless compelled to do so by law. We will use your e-mail address solely to provide timely information about REDCORE. 4. How do we protect visitor information? Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible. We use regular Malware Scanning. Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology. We implement a variety of security measures when a user places an order enters, submits, or accesses their information to maintain the safety of your personal information. All transactions are processed through a gateway provider and are not stored or processed on our servers. 5. Do we use ‘cookies’? Yes. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the site’s or service provider’s systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help us remember and process the items in your shopping cart. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future. We use cookies to: Help remember and process the items in the shopping cart. Understand and save user’s preferences for future visits. Compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future. We may also use trusted third party services that track this information on our behalf. You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Internet Explorer) settings. Each browser is a little different, so look at your browser’s Help menu to learn the correct way to modify your cookies. If you disable cookies off, some features will be disabled It won’t affect the users experience that make your site experience more efficient and some of our services will not function properly. However, you can still place orders. We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide you with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses. 6. Third party links We do not include or offer third party products or services on our website. 7. Google Google’s advertising requirements can be summed up by Google’s Advertising Principles. They are put in place to provide a positive experience for users. https://support.google.com/adwordspolicy/answer/1316548?hl=en We use Google AdSense Advertising on our website. Google, as a third party vendor, uses cookies to serve ads on our site. Google’s use of the DART cookie enables it to serve ads to our users based on their visit to our site and other sites on the Internet. Users may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy. We have implemented the following: Demographics and Interests Reporting We along with third-party vendors, such as Google use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to compile data regarding user interactions with ad impressions, and other ad service functions as they relate to our website. Opting out: Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising Initiative opt-out page or permanently using the Google Analytics Opt-Out Browser add-on. 8. California Online Privacy Protection Act CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law’s reach stretches well beyond California to require a person or company in the United States (and conceivably the world) that operates websites collecting personally identifiable information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals with whom it is being shared, and to comply with this policy. – See more at: http://consumercal.org/california-online-privacy-protection-act-caloppa/#sthash.0FdRbT51.dpuf According to CalOPPA we agree to the following: Users can visit our site anonymously Once this privacy policy is created, we will add a link to it on our home page, or as a minimum on the first significant page after entering our website. Our Privacy Policy link includes the word ‘Privacy’, and can be easily be found on the page specified above. Users will be notified of any privacy policy changes: On our Privacy Policy Page Users are able to change their personal information: By calling us By logging in to their account By chatting with us or sending us a ticket 9. How does our site handle do not track signals? We honor do not track signals and do not track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.It’s also important to note that we allow third party behavioral tracking 10. COPPA (Children Online Privacy Protection Act) When it comes to the collection of personal information from children under 13, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, the nation’s consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online. We do not specifically market to children under 13. 11. Fair Information Practice The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information. In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur: We will notify the users via email Within 7 business days We also agree to the individual redress principle, which requires that individuals have a right to pursue legally enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or a government agency to investigate and/or prosecute non-compliance by data processors. 12. CAN SPAM Act The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations. We collect your email address in order to: To be in accordance with CANSPAM we agree to the following: If at any time you would like to unsubscribe from receiving future emails, you can email us at and we will promptly remove you from ALL correspondence. All designs and conceptual ideas and artwork herein are the sole legal property of Redcore, LLC unless written permission is given it’s use. Last revised on: July 3rd 2019 By using Redcore.com, you have agreed to be bound by our Redcore Terms of Use. A copy of that agreement may be found here [http://Redcore.com/terms]. 1. In the case of a notice delivered by hand, when so delivered; 3 2. In the case of a notice sent by prepaid post, on the third day after the date of posting; 3. In the case of a notice sent by facsimile, upon the receipt by the sender of a transmission report from the dispatching facsimile machine which confirms that the facsimile has been successfully sent; or 4. In the case of a notice sent by email, upon the receipt by the sender of a confirmation from the recipient or the recipient’s email server that the email has been received by the recipient. 5. b) If any provision of this Agreement is judged invalid or unenforceable for any reason whatsoever by a court of competent jurisdiction, such invalidity or un enforceability (unless deletion of such provision would materially adversely affect one of the parties) will not affect the operation or interpretation of any other provision of this Agreement to the intent that the invalid or unenforceable provision will be treated as severed from this Agreement. 6. c) This agreement is governed by, and must be construed in accordance with, the laws of the United States of America and the parties irrevocably submit to the exclusive jurisdiction of the courts of the US and their Courts of Appeal.Can I use your standard step stakes for 10 mil coroplast? We recommend our standard step stakes for our 4 mil coroplast only. The 10 mil coroplast is a very thick material. You would want to research what step stakes would best fit the needs of a 10 mil coroplast sign.What size will our stakes work for? We do not recommend using our step stakes for signs larger than 24×24. However, if you order a 36×36 size sign you can use 2 stakes on that.Do you offer any material with a clear background? Our translucent material is the only clear material we offer. Unfortunately, we do not print white, so please be sure to look over your artwork before submitting.How long does 10 mil coroplast take to produce? This product will add an additional 24-48 hours to your production time.Should I click on the schematic when ordering rigid material?YES! Please click on the schematic and view the pop out 3-D view of how your signs will print. This is very important regarding flute direction.Is my price rounded to the next square foot? Yes, the price will round to the next foot and square.How do the grommets come on a banner? The grommets will be placed in all four corners and every 2-3? on the top and bottom only. We do not grommet the sides of banners. However, we now offer custom grommets. When selected, you may design the grommet layout on your banner however you would like.Are double sided pole pockets colored? The double sided pole pockets will be white. The single sided will have color.Are the pole pockets finished to the exact size I order? No, the size of the pole pocket you order means that it will fit that size pole. For example, 1? will fit a 1? pole pocket, but will be about 4? in size. Please be aware we heat weld and this may show thru for the 13oz material. You can visit “How are pole pockets finished” for further assistance.Do you have a limit to sizes for grommeting? We cannot grommet anything under 1’x1?.When ordering pole pockets on banners – how will the pole pockets come? Pole pocket banners are taped. We use the 3M VHB Tape. They are not sewn or welded. Please review the sizes to order for pole pockets by clicking on the “i” icon under the pole pocket area.Where can I find contour cutting instructions?You can find the contour cutting instructions for coroplast and adhesives located under the tutorial. Just click on the link and save the target as and you have access to the contour cutting instructions any time.How long do contour cut orders take?Please allow for an additional 24-48 hours for contour cutting.Which way will the flutes go on custom cut orders?Unfortunately, we are unable to guarantee the flute direction on coroplast orders that are placed with custom cut.Can I place more than just one order at a time?You can only have one order in your cart at any given time on our website, but that order can have as many different products and quantities as you like! After you go through checkout, you may immediately place another order.What forms of payment do you accept?We currently accept Visa, MasterCard, Discover and American Express.When receiving a credit – how is this done?Our policy is to credit your account with us for any issues resolved in a ticket as opposed to crediting back a card. The credit issued in your account can be applied to future orders. This option is in the checkout process. There is a drop down box and it will read: apply credit to this order.When is the discount applied for coroplast? The discount is applied when the order is of 10 or more sheets. Specifically, this would have to be in the same order line and 10 double sided or 10 single sided. It cannot be mixed and matched.What is your turnaround time on your orders?While it is typical for orders to ship next business day it is not GUARANTEED unless an order has been placed with expedited shipping. Double Sided Banners,18oz banners, Oracal Clear and Contour Cutting require additional production time regardless. Files must also be submitted in one of the following formats to qualify for the 24-hour turnaround. JPEG, TIF, PDFWhat are your shipping rates?Shipping and handling rates currently are flat rate for FedEx ground, regardless of your order (with the exception of Coroplast Yard Signs)The yard signs are classified as a “bulk shipping and packaging” product, and as such we have different rates for those. The shipping rate is calculated by how many boxes it will take to ship your yard signs as well as the size of the signs.Shipping for 2nd Day Air and Overnight Air is calculated based on the weight of your order and your shipping address.Do you ship internationally? How much will it cost?Yes, we will ship anywhere FedEx will ship to. Keep in mind that we are still bound by the rules and regulations of the United States and must honor all embargoes and trade sanctions therein. If you are unsure if Fedex will ship to your country, please check out The FedEx Web Site page.Please call us for a custom shipping quote as the rates on the website are for domestic shipping only.Do you drop ship?Yes! Put your customers shipping address on the shipping page and you will choose Blind Drop Ship. Due to international trade restrictions, we can only Ship to customers in the United States where can I learn about the FedEx shipping options? You can learn everything you want to know about how we ship with FedEx on the FedEx United States shipping services page. Keep in mind that our shipping methods are Next Day (5:00), 2nd Day (By end of 2nd Day), and Ground. If you are interested in any other FedEx shipping services, please contact us before completing your order.At what size do you start folding banners to ship?FedEx will not accept any tubes over 9? in length. Anything above will be folded for shipping. Are the quick quotes shipping estimates correct?The quick quotes for expedited shipping are not always accurate. For the most accurate expedited shipping cost, please create an artificial order to obtain your quote.Should my art for a banner be created away from the edges?Yes! Please keep all text and graphics 1 – 1 1/2? away from all edges to allow for welding and grommets.Can I upload a file with the same file name as one that already exists in my image zone?No. Please rename your file before uploading it to the image zone. All images need to have unique file names.What needs to be done if I’m using fonts or my words have outlines?You will always want to make sure to convert your file to curves or outlines, depending on what program you are using.I need to keep my text and logos away from the edges?Yes. Please keep all text and graphics at least 1 to 1 1/2 inches away from the edge.Which file formats do you accept?PLEASE NOTE: The only file types which allow for a 24-hour production time are JPEG, PDF and TIFF file format. Please allow for additional production time if uploading file types other than JPEG, PDF or TIFF. We prefer that you rasterize your image to the proper print size and resolution before you send it to us.The filetypes we accept are: .EPS, .JPG, .PDF, .PS, .TIFFor cut files, we accept: .AI, .EPS, .PDF, .SVG Can I make changes to my document prior to it being printed?We can only make changes to your order, immediately and only during our Customer Service Hours (9:00am – 5:00pm MST) Please call us immediately at 801-900-1244. Otherwise, once your order status is Ready to Print; no changes can be made.Do I need to leave room on the edge for cutting purposes?Yes, please leave all texts and logos at least 1-1 1/2? away from the edge.Is there a limit on the size you can print?For magnets and yard signs we are limited by the size of the magnetic material and the coroplast sheet. For adhesives and banners we can piece them together to make any size you need, no file is too large to print.Do we print on different color substrates?Because we produce everything in full color it is unnecessary to carry different colored materials or substrates. Everything is printed on a white material. It is required by our clients that they submit your files as they will need to appear when printed. WE DO NOT CHANGE THE COLORS OF UPLOADED FILES.How do the flutes print on coroplast?The flutes will print vertically. To view the flute direction of your product, please click on the schematic in the dimensions and quantities page. This will give you a pop-out version of how your product will print.If I have a paged pdf or upload a full sheet of smaller sizes; will this be cut?No, it will not. Unfortunately, we are unable to take paged pdf files and read that they need to be cut. We print “print ready” files only. So if you have multiple files on one sheet, they need to be uploaded as individuals.What is the largest size banner you can print without a seam?We can print our banners up to 16? high and 140? long without a seam. Anything over 9? tall will be folded for shipping.If I have a vector file, what size should it be? Please create all files at 50% of the actual size and scale it to size in the system. If you are unable to create it to full size and keep the file under 100mb, this is your only option. Otherwise, your file will print pixelated or blurry or possibly look bitmapped.How does color matching work? Color matching is a free service that we provide. We will come as close as we possibly can to the color requested, however, this is not a guarantee. We cannot print or match metallics and neon colors.How many color matches can we have for free per order?We can color match up to 5 colors per order for free. Anything above will be $3.00 for each color match.How long does color matching take?PMS color matching will add an additional 24-48 hours to your production time.What can be color matched?We can color match most images. We CANNOT color match gradients, drop shadows and faded images. To the extent that there is any inconsistency between the terms of this Agreement, any other agreement between you and another Customer or Designer, and the Services Agreement, then those documents will be read in the following order of precedence: 1. First, the Services Agreement will take precedence over all other documents; and 2. Second, any separate agreement between you and another Customer or Designer will take precedence over this Agreement (apart from clauses 5(c) and 6 of this Agreement which will take precedence over that separate agreement). Terms The following terms and conditions will apply to you in both your capacity as a Customer and as a Designer. 1. Definitions Terms defined in the Services Agreement will have the same meaning in this Agreement. 2. Provision of the design The Designer hereby agrees to provide and deliver the Transferred Design to the Customer in accordance with the Designer’s obligations set out in the Services Agreement. 3. Assignment of the intellectual property rights 1. a) This clause will apply if a Customer has purchased the Transferred Design:1. Pursuant to a Design Contest; or 2. From the Ready-made Design Store where the Transferred Design was sold to the Customer for use on an exclusive basis, pursuant to which the Customer was to be assigned the ownership of the Intellectual Property Rights in the Transferred Design. 2. b) If this clause applies, then upon receipt of payment for the Transferred Design in the form of Redcore Dollar Credits (pursuant to the terms of the Services Agreement), the Designer hereby assigns to the Customer, all Intellectual Property Rights which the Designer has or may in the future have in the Transferred Design. 4. License of the intellectual property rights 1. a) This clause will apply if a Customer has purchased a Design from the Ready-made Design Store where the Design was sold to the Customer for use on a non-exclusive basis, pursuant to which the Customer was to be granted a non-exclusive license to use the Intellectual Property Rights in the Design. 2. b) If this clause applies, then upon receipt of payment for the Transferred Design in the form of Redcore’s Dollar Credits (pursuant to the terms of the Services Agreement), the Designer hereby grants to the Customer a non-exclusive, royalty-free, worldwide, irrevocable, perpetual license to: 3. Use, reproduce and distribute the Transferred Design ; and 4. Sell, assign and/or transfer the rights licensed to the Customer in the Transferred Design to any person. c) The license rights granted in clause4(b) are personal to the Customer and may not be sub-licensed by the Customer to any person. The Customer is the only person who may use the Transferred Design in accordance with the rights granted under clause 4(b). 4. d) Apart from the license rights granted to the Customer with respect to the Transferred Design under clause4(b), the Designer reserves all other rights in respect of the Transferred Design and the Intellectual Property Rights subsisting in the Transferred Design, including but not limited to, the right use the Transferred Design for any purpose, and the right to license these reserved rights to third parties. 5. e) Customer acknowledges that and agrees that by purchasing the right to use the Transferred Design on a non-exclusive basis, Customer’s rights in and to the Transferred Design are limited. The limitations include, but are not limited to: 6. The inability to prevent Redcore and, the Designer from re-selling the Transferred Design to a third party, or to prevent such third party from using the Transferred Design for any purpose; and 7. The in ability to pursue registration of the Transferred Design as a trademark or service mark with any government authority, or to prevent Redcore, the Designer or any third party from using all or any portion of the Transferred Design for any commercial purpose.2 5. Incorporation of intellectual property rights owned by a third party 1. a) The Designer warrants that prior to supplying the Transferred Design to the Customer, the Designer has disclosed to the Customer any Intellectual Property Rights in the Transferred Design which may be held by a third party. 2. b) If the Design in corporates the Intellectual Property Rights of a third party, then: 3. The Designer warrants that it has obtained a license from the relevant third party to incorporate the Intellectual Property Rights of that third party in the Design (“Third Party License”); 4. If the Third Party License is capable of assignment to the Customer, then the Designer here by assigns and transfers to the Customer, and the Customer hereby agrees to take an assignment and transfer of, the Third Party License and all of the rights and obligations of the Designer under the Third Party License; 5. If the Third Party License is not capable of assignment to the Customer, then: 1. The Designer must disclose this fact to the Customer prior to providing the Customer with the Transferred Design and prior to the conclusion of the relevant Design Contest (if any); 2. The Designer warrants that the Customer may obtain a Third Party License to the Transferred Design in it sown name; and 3. Prior to the conclusion of the Design Contest(if any) or the supply of the Transferred Design to the Customer, the Designer must provide the Customer with details of where to obtain the Third Party License to the Transferred Design in its own name and the cost of doing so. 4. The Designer warrants that unless expressly stated to the contrary by the Designer prior to providing the Customer with the Transferred Design and prior to the conclusion of the Design Contest (if any), the Third Party License provides the Customer with a worldwide, royalty-free, perpetual right to display, distribute and reproduce (in any form) the Intellectual Property Rights of the third party contained in the Transferred Design. c) The Designer hereby indemnifies and keeps indemnified the Customer, Redcore’ third party providers (“Indemnified Parties”) against any loss, cost, expense or damage (including legal costs on a full indemnity basis) which the Indemnified Parties may suffer or incur as a result of a breach by the Designer of any of the provisions of clauses 3, 4 and 5. 6. Liability of Redcore and its third party providers a) You acknowledge and agree: 1. Redcore and its third party providers are not parties to this Agreement; and 2. Redcore and its third party providers shall each not be liable or responsible for any breach of this Agreement by any party to this Agreement. b) Not with standing clause 6(a), you agree that Redcore, LLC and its third party providers may rely on and benefit from the indemnity provisions set out in clause 5(c). 7. Miscellaneous a) If you approve a project and do not ask for the price, we will go ahead and proceed and bill fairly and accordingly. If you approve and do not specify which version for us to proceed forward with then we will pick for you. If you do not submit a project and do not approve through the Redcore software and we complete the job, you approval comes in the form of full payment or pickup and at that time we release the job to you. Full refunds are not given on jobs that been released to customer and that have been approved online or through full payment or pickup. Invoice totals can change after approval if details were updated before the invoice has been updated to match the new details. It can take up to 24 hours for an invoice or estimate to update after saving changes in the details section of proofs. Most likely this will be from the top posted image. b) Any notice given under this Agreement must be in writing and must be signed by the party or its agent giving the notice. A notice is taken to be received c) Any project over $3000 must be paid at least 50% upfront before the production can begin. d) If I am NET 30 Terms I agree to pay within 30 days to avoid late fees. e) I understand that by signing up I agree to have your company or account information made public through Redcore QR Code Generator none indexable links through the redq.me domain. This feature can be turned off in your Redcore profile but as a default it will remain on and public until this setting has been toggled. All Redcore code and Custom software/plugin’s developed by the Redcore Team are property of Redcore, LLC. I understand that I may be billed for setup of this software or these plugin to be used on my website, with permission of Redcore, but do not have any ownership of this code and we may cancel these services at anytime and may request to have this code removed from your website at anytime. I also understand that is it my responsibility to keep all prospective resident data safe by setting secure passwords and changing password frequently as often as once a week. You are not allow to give out this data to any of party with out the consent of the user that submitted their information. SHIPPING ERRORS & LOST PACKAGES Lost or damaged shipments must be reported to Redcore immediately upon discovering the loss or damage. redcore.com is not responsible for 3rd part shipping errors, omissions, or damaged shipments. CUSTOMER SUPPLIED INCORRECT ADDRESS When a package is not delivered due to an error made by the Customer in submitting the proper shipping address, redcore.com will reship the package with the corrected address and charge an additional shipping fee for the shipment. Redcore offer sponsorships but does not to companies or parent companies that maintain a consistent past due status or 60 days or more. I agree and understand that an approved project final invoice cost will be billed to the child company, or parent company of the employee that approved or submitted the project to Redcore if the child company is not able to make the payment. First we will try to received payment from the intended child company but it will be the responsibility of the company of the employee that submitted the project. TECHNICAL DIFFICULTIES In the event of technical difficulties pertaining to redcore.com, we cannot be held liable for any technical difficulties that are the result of error on the part of the hosting company, the upstream provider or the end user. Data center issues including any power outages or hardware failures can be faulted to the applicable data center. Customer issues including operating system faults, virus or spyware problems, and browser incompatibilities are not the responsibility our problem of redcore.com. We recommend that you keep all of your software and virus protection up to date to successfully avoid any issues. REFUSAL OF SERVICE We reserve the right to refuse service without disclosing a reason, as permitted by applicable law. SOFTWARE AGREEMENT: This Agreement contains the legally binding terms that govern the creation, customization and each party’s rights, access to and use of the APIs for purposes of employing the Interface specified above only for the benefit of the Common Clients existing as of the date hereof and any other Common Clients that hereafter enter into an agreement with Developer with respect to the Developer Application(s) that utilize(s) the APIs. In consideration of the foregoing, the mutual covenants contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which each party acknowledges, Redcore and Developer agree as follows: 1. Use of the APIs. Subject to the foregoing and the terms and conditions of this Agreement, Redcore grants to Developer a non-exclusive, non-transferable, revocable limited privilege to access and use the APIs developed pursuant to this Agreement, solely for the benefit of the Common Clients, to (i) develop and deploy the Interface and (ii) cause the Developer’s Application to interoperate with the Interfacing Application by exchanging data between such applications through the Interface, which data exchange will provide the ability to “write” data to the Interfacing Application’s database of each Common Client. Developer agrees that Redcore can make changes to its APIs at any time, in its sole discretion. 2. Redcore Obligations. Redcore will provide access to APIs that provide various data regarding Common Clients. Redcore will provide access to such APIs in an FTP location, which will enable the exchange of data for Developer. These APIs include access to relevant data, including but not limited to those items listed in Exhibit A (collectively “Information”), pursuant to the Developer Type identified below. Redcore may not provide access to Information for which it is not the source of record. Redcore is the source of record for all information gathered through its products, including but not limited to Redcore Core, Lead Management, ProspectPortal and ResidentPortal. Redcore is not responsible for lost, missing or stolen login credentials or any unauthorized use of or access to the APIs or any potential resulting loss or disclosure of any Confidential Information. 3. Developer Obligations. Developer will: (i) provide reasonable assistance to Redcore and access to Developer’s Application as required to develop and test the APIs; (ii) provide relevant prospective resident information, including contact information and desired move-in dates (“Lead Data”), to Redcore; (iii) be responsible for training its own employees in the use of the APIs; (iv) use the APIs only in accordance with the Agreement and any documentation provided by Redcore; (v) provide, at its own expense, an Internet connection, and all other computer hardware, software and other equipment and supplies required to use the APIs; (vi) preserve the confidentiality of any user identification, password, test key, or other code or authentication method provided by Redcore or otherwise required for use of the APIs, and shall further prevent the use of the APIs by unauthorized persons; and (vii) forever refrain from instituting, initiating, prosecuting, maintaining, or voluntarily participating in any lawsuit, claim, litigation, demand, cause of action, or other proceeding in any jurisdiction or forum against Redcore. Developer further warrants that it will never file any claim in any forum against Redcore arising from any claimed act, omission, or any other conduct occurring prior to the Effective Date of this Agreement. Developer will not (a) sell, resell, rent or lease any APIs or related Interface to any person or entity, or (b) create derivative works based on any APIs. Developer retains all responsibility for marketing its own products and services; obtaining any required agreements for its own products and services (from Common Clients or otherwise); maintaining the security of any Common Client’s data and personally identifiable information transmitted via the APIs or the Interface; and invoicing and collecting payments for Developer’s products and services from Common Clients, including any applicable taxes. Redcore is developing a new ILS platform. Developer is required to switch to the ILS platform within three (3) months or a reasonable time after the ILS platform is available for use. Redcore, in its sole discretion, shall decide what a reasonable time is if the transition to the ILS platform is not completed within three (3) months. Redcore shall notify Developer when the ILS platform is available for use and Developer will cooperate with the transition to the ILS platform. 4. Use Restrictions. The use of the APIs is subject to certain restrictions and limitations, including the number of calls that may be made against an API. Developer may have one (1) call to the API per client per property per minute per web service, not to exceed 2,500 calls in a twenty-four (24) hour period. These limitations are enforced to prevent abuse of the API, and may be change in the future without notice to Developer. Additionally, we enforce a request rate limit to prevent abuse of the service. If Developer exceeds the twenty-four (24) hour limit or otherwise abuses the service, the API may stop working for Developer temporarily. If Developer continues to exceed this limit, Developer’s access to the API may be discontinued. Redcore reserves the right to amend or revise these terms, and Developer’s continued use of the API will constitute Developer’s acceptance of any such amendment or revision. In addition to these restrictions on use, neither party is authorized or licensed to, and agrees not to (and will not permit any of its employees, affiliates, contractors, agents or other third parties under its direction or control to): (a) use any API or Interface to transmit infringing, libelous, or otherwise unlawful or tortious material, or to transmit material in violation of third party privacy rights; (b) use any API or Interface to transmit viruses, worms, time bombs, Trojan horses or other harmful or malicious code, files, scripts, agents or programs; (c) interfere with or disrupt the integrity or performance of any API, or the Interfacing Application; (d) access, or attempt to gain access to, any API or Developer’s or Redcore’s related systems or API DEVELOPER INTERFACE AGREEMENT networks, other than as permitted in this Agreement; (e) access or use any API to build a product or service competitive with Redcore or the Interfacing Application, as applicable, or to copy any features, functions or graphics of or pertaining to the API or the Interfacing Application; (f) access or use any API or Interface, or transmit any data through any API or Interface, in violation of any U.S. export embargo, prohibition or restriction; (g) take any action that imposes an unreasonable or disproportionately large load on Redcore’s systems or networks, or any systems or networks connected to such systems or networks; (h) use any device, software or routine to interfere or attempt to interfere with the proper working of the API, any Interfacing Application or any transaction being conducted on or through any API, or Interfacing Application; (i) modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any API or Interfacing Application; (j) use any API or Interface, or data transmitted through the API or Interface, for any purpose that is unlawful or prohibited by this Agreement, or to solicit the performance of any illegal activity or other activity that infringes Redcore’s or another’s rights; (k) use any API or Interface, or Information transmitted through the API or Interface, for any purpose other than as designated below under “Developer Type”; (l) use any API or Interface, or Information transmitted through the API or Interface, for any individual or entity that is not a Common Client of Developer and Redcore; (m) submit through any API or Interface any data or other content without having obtained prior written authorization or permission for such action from the owner or licensor of such data or content; or (n) submit through any API or Interface any data or other content that is illegal, obscene, vulgar or otherwise inappropriate. 5. Use of information regarding APIs; Confidentiality. Developer may use information with respect to the APIs (such as specification sheets, and similar materials) purposely made available by Redcore to Developers, provided that Developer does not remove any proprietary notice language. Each party further agrees (i) with respect to all information transmitted through the APIs, such party may use such information only for such party’s internal business purposes and for the benefit of Common Clients (and not for resale or redistribution); (ii) it will not copy or post such information on any networked computer or broadcast it in any media; (iii) it will not modify such information; and (iv) it will not make any additional representations or warranties with respect to such information. All information transmitted by a party pursuant to this Agreement or through the API, that is marked “confidential” or which would reasonably be understood to be confidential (“Confidential Information”) will be received and held in confidence by the recipient, and the recipient will not disclose, publish or provide the Confidential Information to third parties without the prior written consent of the disclosing party. The non-disclosure restrictions of this Section (other than the restrictions set forth in the first sentence of this Section) will not apply to information (a) in the recipient’s possession prior to disclosure under this Agreement, (b) that is or becomes publicly known through no fault of the recipient or its affiliates, (c) received from a third party not subject to a non-disclosure obligation or (d) independently developed by the recipient without the benefit of, or reference to, the information disclosed under this Agreement. 6. Return of Confidential Information. Each party shall return to the other party or destroy, within 10 days of the other party’s request, all Confidential Information or any other documents or materials previously provided by the other party in connection with this Agreement, except for any portions thereof which are maintained as part of the receiving party’s customary computer backup procedures (and such portions so maintained shall not be accessed, and shall be deleted as soon as appropriate, consistent with such backup procedures). Each party agrees to provide an officer’s certification of compliance with the foregoing obligation. 7. API Development. After the Effective Date identified below, Redcore will provide specifications for the APIs outlined on Exhibit A. Redcore and Developer agree to work together in good faith as reasonably necessary to facilitate the completion of the APIs for their Common Clients’ benefit. Both parties will maintain and support the APIs. The parties agree that the APIs may be updated or revised to include improvements, upgrades, or other changes as required by Redcore. The parties agree to provide each other with technical assistance as the APIs may reasonably require. All costs for software modifications to Developer’s Application shall be the exclusive obligation of Developer. 8. Term and Termination. The term of this Agreement will begin on the Effective Date set forth below (the “Effective Date”) and continue for so long as Redcore and Developer serve Common Clients. In addition, this Agreement may be terminated (i) by mutual written agreement of the parties, (ii) for any reason by Redcore, and at any time, (iii) immediately upon written notice by Redcore at any time that all subscription terms under all Common Client agreements relating to services using the APIs have expired or terminated, or if Developer is no longer authorized by any Common Clients to use the APIs on such Common Clients’ behalf, (iv) immediately upon written notice by Redcore if it determines, based on one or more customer or prospect complaints, that Developer’s actions, omissions or statements create a significant risk of harm to Redcore’s reputation or customer relationships, or (v) immediately upon written notice by Redcore after Developer files for bankruptcy, becomes or is declared insolvent, makes an assignment for the benefit of creditors, or becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or reorganization or similar law for the relief of debtors. 9. Notices. All notices, requests, demands and other communications under this Agreement shall be in writing and shall be deemed to have been delivered on the date on which it was hand-delivered or delivered by facsimile or email, or on the business day following the date on which it is received by the addressee when mailed first-class, postage prepaid, and registered or certified with return receipt requested, or delivered by a nationally recognized courier service with proof of delivery. Either party may change its notice address by providing written notice of the change to the other party in accordance with this section. For purposes of notice, the addresses of the parties shall be as set forth below and to the attention of: If to Redcore: Attn: Bryton Wood 190 E. 100 N. Payson UT, 84651 10. Access Termination. Without prejudice to any other rights, Redcore may, without prior notice, immediately suspend access to the APIs if, in Redcore’s reasonable judgment, Developer (i) is committing acts or omissions that compromise the security of any API, Common Client data, Confidential Information, Interface Application or Redcore systems, (ii) is allowing, or failing to prevent, unauthorized access to or use of any API, (iii) is introducing malicious code into Redcore systems, or (iv) is otherwise engaging in harmful, inappropriate or unlawful conduct with regard to any API, Common Client data, Confidential Information, Interface Applications or Redcore systems. If Redcore becomes entitled to terminate this Agreement, then in Redcore’s sole discretion and in lieu of terminating this Agreement in its entirety (but reserving any rights to do so at a later date), Redcore may selectively suspend or terminate providing access to any API with respect to one or more Common Clients, property managers or property sites. In the event Developer no longer serves a specific Common Client, or Redcore terminates the API feed for any specific Common Client for any reason, Developer shall cease publishing and destroy all data received by Developer during the term of this Agreement with respect to such Common Client. 11. Survival. Sections 5, 6, 7, 8, 9, 10, 11 and 12, and the restrictions on disclosure of Confidential Information set forth in Section 4 will survive the expiration or termination of this Agreement. 12. Proprietary Rights. Subject to the limited rights expressly granted in this Agreement, Redcore reserves all rights, title and interest in and to the APIs, the Interface Applications, and all derivatives or improvements thereof, including all related intellectual property rights. No rights are granted to Developer under this Agreement other than as expressly set forth herein. Developer acknowledges and agrees that Redcore will own (or have a royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use and incorporate into the APIs and related products and services) any suggestions, enhancement requests, recommendations or other feedback provided by or on behalf of Developer relating to the APIs and related Redcore products and services. Developer hereby assigns to Redcore all such rights and agrees to take all reasonable acts necessary to accomplish the foregoing ownership and allocation of rights. 13. Indemnity. Developer will indemnify, defend and hold Redcore and its subsidiaries, affiliates, directors, officers, employees, agents, shareholders, predecessors and successors in interest harmless from and against any claims by third parties, and any related liabilities, damages, losses or costs (including reasonable attorneys’ fees and disbursements), arising out of Developer’s development of Developer’s Application, Developer’s use of any API or Interface or the data transmitted via the APIs or Interface, Developer’s violation of this Agreement or any applicable laws or regulations, or Developer’s violation of any rights of a Common Client or other third party, including any claim that the Interface or the use of the APIs in violation of this Agreement infringes any intellectual property or misappropriates any trade secret. 14. Disclaimers and Limitations of Liability. REDCORE DOES NOT REPRESENT OR WARRANT THAT ANY API OR INTERFACE, OR ACCESS THERETO, WILL BE ERROR- FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT DEVELOPER’S OR COMMON CLIENTS’ USE THEREOF WILL PROVIDE SPECIFIC RESULTS. EACH API IS PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. REDCORE MAKES NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY API, INTERFACE, PRODUCT, SERVICE OR DATA PROVIDED, ACCESSED, OR USED UNDER THIS AGREEMENT, OR WITH RESPECT TO ANY INTERFACING APPLICATION OR OTHER PRODUCT, SERVICE OR DATA OF ANY THIRD PARTY. REDCORE DISCLAIMS ALL SUCH WARRANTIES, INCLUDING ANY WARRANTIES OF ACCURACY, NON- INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. REDCORE WILL NOT BE LIABLE OR RESPONSIBLE IN ANY WAY, IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, FOR ANY LOSSES OR DAMAGES OF ANY KIND, INCLUDING LOST PROFITS OR OTHER INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, RELATING TO THE USE OF OR RELIANCE UPON ANY API, ANY DATA TRANSMITTED VIA AN API OR ANY INTERFACE, OR ANY OTHER PRODUCT OR SERVICE OFFERED BY REDCORE HEREUNDER, EVEN IF REDCORE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DEVELOPER’S SOLE REMEDY AGAINST REDCORE FOR DISSATISFACTION WITH THE API IS TO STOP USING THE API. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN REDCORE AND DEVELOPER. IF, NOTWITHSTANDING THE FOREGOING DISCLAIMERS OR ANY OTHER PROVISIONS OF THIS AGREEMENT, REDCORE IS FOUND TO BE LIABLE FOR ANY DAMAGE OR LOSS THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH THE USE OF ANY API OR ANY OTHER ACTIVITY UNDER THIS AGREEMENT, REDCORE’S LIABILITY WILL IN NO EVENT EXCEED $100. 15. Governing Law. This Agreement is governed by the laws of the State of Utah and the federal laws of the United States, without giving effect to any choice or conflicts of law rules that would require the application of the laws of any other jurisdiction. Any lawsuit under this Agreement will be adjudicated exclusively in the federal or state courts located in Salt Lake City, Utah. The parties agree to the personal jurisdiction of and venue in such courts and waive any objection to such jurisdiction or venue. 16. Mediation.Prior to commencing any judicial action against the other party, whether or not arising out of this Agreement, Redcore and Developer agree to mediate in good faith for thirty (30) days in an attempt to resolve such dispute. 17. Non-Exclusivity. The parties shall remain free at all times to independently pursue, without the other party’s consent or knowledge, all similar business opportunities with any similar company or entity, whether or not such company or entity is a competitor of the other. Neither shall be obligated to first present any such business opportunity to the other before pursuing it. 18. Miscellaneous. The parties are independent contractors and nothing herein will be deemed to create a partnership, agency, joint venture, employment or similar relationship. This Agreement does not alter in any way the terms or conditions of any other agreement between the parties with respect to other Redcore products or services. This Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding such subject matter. If any provision of this Agreement is held by a court to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary and replaced with a valid provision that, as nearly as possible, reflects the intentions embodied in this Agreement, with all other provisions remaining Developer Type: in full force and effect. No amendment of this Agreement will be effective unless in writing and signed by each of the parties hereto. A party’s failure to enforce any right or provision in this Agreement will not constitute a waiver of such right or provision unless agreed to by such party in writing, and no course of conduct will be deemed to modify any provision of this Agreement. Developer will not make any public announcement about this Agreement without the prior written consent of Redcore. There are no third-party beneficiaries to this Agreement. Developer may not assign its rights or obligations under this Agreement, whether by operation of law or otherwise, without Redcore’s prior written consent. Neither party shall make public the details of this Agreement, or the parties’ relationship without the prior written consent and approval of the other party. This Agreement may be executed by facsimile and in multiple counterparts, each of which will be deemed an original and all of which together will constitute one instrument. This Agreement has been duly executed by and on behalf of the parties hereto as of the Effective Date specified below: Developer acknowledges that by designating it’s type below, Redcore shall allow access, as described herein, only to information relevant to Developer’s business model.Utility Billing, Screening (background, credit or eviction) Vendors Collection Vendors, 1099 Vendors, Survey Vendors, Reviews and Rating Vendors, Internet Listing Service (ILS) Vendors, Website Providers, Site tablet providers, Revenue Management, Other: THE PARTIES EACH REPRESENT AND WARRANT THAT THE INDIVIDUALS SIGNING BELOW ARE DULY AUTHORIZED TO EXECUTE THIS AMENDMENT ON BEHALF OF ITS RESPECTIVE ENTITY. Redcore, LLC: Exhibit A Developer may utilize Redcore’s APIs under the following conditions: (1) Developer shall only use the APIs and web-services for those products or services that a Common Client is currently paying for and licensing from Redcore. (2) Developer shall only use the APIs for those products or services that a Common Client has consented to in writing to provide access to Developer. (3) Developer shall only use the APIs as specified by this Agreement and the Common Client’s Software License and Maintenance Agreement with Redcore. (4) Data to be provided may include similar Information to that listed below. Access to such Information shall be determined by the type of data required by the Developer Type listed above, and as determined in Redcore’s sole discretion.Owner Legal Name, Street Address, City, State, Zip Code, Latitude, Longitude, Website (Property), Phone Number, Fax Number, Email Address, Unit Count, Year Built, Office Hours, Short Description, Long Description, Driving Directions, Lease Length, Pet Policy, Floor Plans, Floor Plan Description, Rent(Min), Rent(Max), Deposit(Min), Deposit(Max), Square Feet (Min), Square Feet (Max), Bedroom count, Bathroom Count, Check Availability Link, Standard Amenities, General Amenities, Total Number (Characters Supported) , Photos, Floor plan Images, Caption, Media File Ranking, Description, Amount and Expiration Date.