Terms & ConditionsAcceptance of the Terms of UseWelcome to TexasRedBookOnline.com and the Texas Red Book app (“Application”) products of NFR Communications, LLC ("Company", "we" or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Use"), govern your access to and use of these products, including any content, functionality, and services offered on or through the products. Please read the Terms of Use carefully before you start to use these products. By using them, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference ("Privacy Policy"). If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use these products. TexasRedBookOnline.com and the Texas Red Book app are offered and available to users who are 18 years old or older. By using these products, you represent and warrant that you are of legal age to form a binding contract with the Company. If you are not 18 years old or older, you must not access or use these products. Changes to the Terms of UseWe may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the products following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so that you are aware of any changes, as they are binding on you. Accessing the Application and Account SecurityWe reserve the right to withdraw or amend these products, and any service or material we provide through them, in our sole discretion without notice. We will not be liable if for any reason all or any part of these products is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the products, or the both entire products, to users, including registered users. You are responsible for:
To access the website or application or some of the resources they offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the products that all the information you provide is correct, current, and complete. You agree that all information you provide to register with these products or otherwise, including but not limited to through the use of any interactive features, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to these products or portions of them using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any username, password, or another identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use. Intellectual Property RightsThe Website and Application and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by the Company, its licensors, or other providers of such material and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the website and application for your personal use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our application, except as follows:
You must not:
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the website or application in breach of the Terms of Use, your right to use the website and application will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the website or application or any content on them is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the website or application not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. TrademarksThe Company name, the name NFR Communications, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this application are the trademarks of their respective owners. Prohibited UsesYou may use the website and application only for lawful purposes and in accordance with these Terms of Use. You agree not to use the application
Additionally, you agree not to:
User ContributionsThe products may contain posting engines, message boards, chat features, or profiles, forums, bulletin boards, comment sections, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the website and application. All User Contributions must comply with the Content Standards set out in these Terms of Use. Any User Contribution you post to or through the site will be considered non-confidential and non-proprietary (unless you use the proper trademark or copyright notices in the post). By providing any User Contribution on the website or application, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material. You represent and warrant that:
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the website and application. Monitoring and Enforcement; TerminationWe have the right to:
However, we do not undertake to review material before it is posted on the website or application, and we cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section. Content StandardsThese content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
Subscription ServicesSome of the Content made available on TexasRedBookOnline.com or the Texas Red Book app can be availed only by registered Users who have registered under a subscription model ("Subscription User"). You may need to register Yourself on the Site to avail these services on a subscription model ("Subscription"). To become a Subscription User, You may be required to make payments ("Subscription Fee") as per the applicable membership plan through a debit card, credit card, internet banking or through or other payment method accepted by ("Payment Method(s)"). TexasRedBookOnline.com and the Texas Red Book app will be using third party payment gateways to process and facilitate the payment of Your Subscription Fee. TexasRedBookOnline.com and the Texas Banking Red Book app may offer different kinds of Subscription plans, each of these Subscription plans will be subject to different limitations and restrictions and the cost of each of these Subscription plans may vary. PaymentsYou cannot change your Payment Method during the tenure of your Subscription(s). If Your selected Payment Method is no longer available or expires or Your Payment Method fails for whatsoever reason, You will be responsible and liable for any uncollected amounts and TexasRedBookOnline.com and the Texas Red Book app reserve the right to terminate the Subscription(s) offered to You. The Subscription Fee for a particular Subscription will be billed at the beginning of the Subscription membership. On changing your existing Subscription plan to another, you would be required to pay the difference in rates (on a pro rata basis). The Subscription Fees specified for each Subscription plan are inclusive of applicable taxes. The Subscription Fees billed are non-refundable irrespective of whether the Subscription has been availed by You or not. Any request for change or cancellation in any Subscription plan prior to the expiration of the current Subscription plan period will not entail You with a refund for any portion of the Subscription Fee paid by You for the unexpired period. You also understand and acknowledge that TexasRedBookOnline.com and the Texas Banking Red Book app only facilitate the third-party payment gateway for processing of payments. This facility is managed by the third-party payment gateway provider and You are required to follow all the terms and conditions of such third-party payment gateway provider. You are responsible for the accuracy and authenticity of the payment information provided by you, including the bank account number/credit card details and any other information requested during the subscription process. You represent and warrant that you have the right to use any credit card or other payment information that you submit. You agree and acknowledge that TexasRedBookOnline.com and the Texas Banking Red Book app shall not be liable and in no way be held responsible for any losses whatsoever, whether direct, indirect, incidental or consequential, including without limitation any losses due to delay in processing of payment instruction or any credit card fraud. TexasRedBookOnline.com and the Texas Banking Red Book app reserves the right to change, terminate or otherwise amend the Subscription plans, Subscription Fees for the Subscription and billing cycles at its sole discretion and at any time. Such amendments shall be effective upon posting on the Site and Your continued use of the Service shall be deemed to be Your conclusive acceptance of such amendments. TexasRedBookOnline.com and the Texas Banking Red Book app reserves the right to change, supplement, alter or remove any of the Content that is subject to a Subscription Fee as it deems fit. TexasRedBookOnline.com and the Texas Banking Red Book app does not guarantee the availability of a specific Content or a minimum Content that is subject to a Subscription Fee. Copyright InfringementIf you believe that any User Contributions violate your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringes. Reliance on Information PostedThe information presented on or through the website and application is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the application or by anyone who may be informed of any of its contents. This website and application may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, or reporting services. All statements or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third party. Copyright PolicyWe fully support international copyright law and require that you fulfill our moral and legal obligations with respect to the use of the copyright-protected materials of others. To that end, and in fulfillment of our commitment to protect the principles of copyright in general, you must seek permission to use copyrighted works whenever appropriate from the protected party before using or posting it on the application. Further, you acknowledge that copyright infringement is a violation of the law and may impose civil and/or criminal liability on the individual infringer, as well as on the infringer’s employer. Therefore, you are required to comply with copyright law and adhere to this copyright policy. Failure to do so may result in suspension of your account and/or civil or criminal charges. Copyright laws are generally not straightforward, and they have many gray areas. The aim of this policy is to provide practical advice and procedures, but it is not a substitute for legal advice. Proper legal advice should be obtained whenever necessary and is solely your responsibility. The purpose of copyright law is to provide authors and other creators (and those who obtain rights through such persons) with an incentive to create and share creative works by granting them exclusive rights to control how their works may be used. Among the exclusive rights granted to those authors are the rights to reproduce, distribute, publicly perform, and publicly display a work. These rights provide copyright holders control over the use of their creations, and an ability to benefit, monetarily and otherwise, from the exploitation of their works. Copyright also protects the right to "make a derivative work," such as a movie from a book; the right to include a piece in a collective work, such as publishing an article in a book or journal; and the rights of attribution and integrity for “authors” of certain works of visual art. If you are not the copyright holder, you must obtain permission prior to re-using or reproducing someone else’s copyrighted work. Acknowledging the source of a work, for instance, is not a substitute for obtaining permission. It is your sole responsibility to determine if anything you post on or through this website and application is protected by copyright. Not everything is protected by copyright. This includes works that are not fixed; titles, names, slogans; ideas, facts and data; listings of ingredients or contents; natural or self-evident facts; and public domain works. Some of these things may, however, be protected under other areas of law, such as patent or trademark law, or by contract. It is important to be sure that no other form of protection restricts the use of such materials before using them, and this determination is solely your responsibility. If you believe that any User Contributions violate your copyright or that or anyone else, you are required to send us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers. Changes to the Application or WebsiteWe may update the content on this website and application from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the website and application may be out of date at any given time, and we are under no obligation to update such material. Information About You and Your Visits to the ApplicationAll information we collect on this website and application is subject to our Privacy Policy. By using the website and application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. Online Purchases and Other Terms and ConditionsAll purchases through our site or other transactions for the sale of services formed through the website or application or as a result of visits made by you are governed by the terms of sale for such transactions, which are hereby incorporated into these Terms of Use. Additional terms and conditions may also apply to specific portions, services, or features of the website and application or software available through the application. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use. Linking to the Application or Website and Social Media FeaturesYou may link to our website and application, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. This website and application may provide certain social media features that enable you to:
Links from the Application or WebsiteIf the website or application contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and we accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party applications linked to this application, you do so entirely at your own risk and subject to the terms and conditions of use for such websites or applications. Disclaimer of WarrantiesYou understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the website or application will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output and for maintaining a means external to our site for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the website or application or any services or items obtained through the website or application or to your downloading of any material posted on it or on any website or application linked to it. Your use of the website or application, their content, and any services or items obtained through the website or application is at your own risk. The website or application, their content, and any services or items obtained through the website or application are provided on an "As is" and "As Available" basis, without any warranties of any kind, either express or implied. Neither the Company nor any person associated with the company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the application. Without limiting the foregoing, neither the company nor anyone associated with the company represents or warrants that the application, its content, or any services or items obtained through the website or application will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components or that the website or application or any services or items obtained through the website or application will otherwise meet your needs or expectations. The company hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for a particular purpose. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law. Limitation on LiabilityIn no event will the company, its affiliates, or its and their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the website or application, any websites or applications linked to it, any content on the website or application or such other applications or any services or items obtained through the application or such other applications, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. The foregoing does not affect any liability which cannot be excluded or limited under applicable law. IndemnificationYou agree to defend, indemnify, and hold harmless the Company and its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the website or application, including, but not limited to, any violation of our Copyright Policy, your User Contributions, any use of the website’s or application's content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the website or application. Governing Law and JurisdictionAll matters relating to the application and these Terms of Use and any dispute or claim arising there from or related thereto (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Minnesota in the United States. Applicable LawAny legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the website or application shall be instituted exclusively at the jurisdiction of the state of Minnesota in the United States, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. Limitation on Time to File ClaimsAny cause of action or claim you may have arising out of or relating to these terms of use or the website or application must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred. Waiver and SeverabilityNo waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. Entire AgreementThe Terms of Use, including all documents expressly incorporated herein by reference, constitute the sole and entire agreement between you and the Company with respect to the application and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the website or the application. Your Comments and ConcernsThis website and application is operated by NFR Communications, 945 Winnetka Ave. N., Golden Valley, MN 55427 USA. All notices of copyright infringement claims should be sent to the Company. All other feedback, comments, requests for technical support, and other communications relating to the website or application should be directed to our contact page. Thank you for using TexasRedBookOnline.com and the Texas Banking Red Book application. |