Additional terms and conditions of use applicable to specific areas of the Site may also be posted on the Site at any time. This agreement, together with any such additional terms and conditions, are referred to as this “Agreement.” By accessing and using this Site, you agree to be bound by this Agreement.

Red Creek reserves the right, in its discretion, to change or modify all or any part of this Agreement at any time, effective immediately upon notice published on the Site. You agree to review the Agreement periodically to be aware of such changes and your continued access or use of the Site and the service after any changes are posted will be considered acceptance of those changes.

Red Creek may, in its sole discretion and at any time, terminate or suspend your use of or access to the Site. Our Copyright Policy is incorporated by reference herein. You are not authorized to use this Site in any jurisdiction where the terms of this Agreement are not enforceable.

Use of the Site

Any waste disposal services provided by Red Creek are subject to a separate agreement between you and RED CREEK. The Site includes information, software, text, photographs, graphics, links and other material that are protected by copyright, trademark or other proprietary rights of RED CREEK, or third parties.

Red Creek grants you a limited nonexclusive license to use the information on the Site for your internal use. You may download information on the Site to a computer or print a hard copy for personal reference. Otherwise, you may not copy, store in electronic form, modify, print, transmit, transfer or sell, create derivative works from, distribute, perform, display, frame in another web page, reproduce or in any way exploit the Site or any of the information contained on the Site, in whole or in part, without obtaining permission of the copyright owner, except as expressly permitted in this Agreement or permitted under copyright law.

Exchange of Information

In connection with using the Site, you may provide or receive information by email. Although email is generally reliable, email can be transmitted improperly or wrongfully intercepted. Red Creek does not warrant or guarantee that the transmission of email messages will be uninterrupted or transmitted without error.

Termination of Access to the Site

Red Creek reserves the right, in its sole discretion, to restrict, suspend or terminate access to all or any part of the Site at any time for any reason without prior notice or liability. Red Creek may change, suspend or discontinue all or any aspect of the Site at any time, including the availability of any feature, database, information or content without prior notice or liability. In the event of termination, you are no longer authorized to access the Site and the restrictions imposed on you with respect to material downloaded from the Site, the disclaimers and limitations of liability set forth in this Agreement shall survive.

Links to Third-Party Sites

The Site may contain links to sites on the Internet that are owned and operated by third parties. You acknowledge that Red Creek is not responsible for the availability of, or the content located on or through, any third-party sites. You should contact the site administrator or webmaster for those sites if you have any concerns regarding such links or the content located on such sites.

Disclaimer of Warranties and Liability

Although Red Creek uses reasonable efforts to maintain the Site, the Site service is provided to you free of charge, “as is, as available.” Please read this disclaimer carefully before using the Site.

YOU AGREE THAT YOUR USE OF THIS SITE AND THE SERVICE IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE SITE, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON THIS SERVICE OR ANY MATERIAL AVAILABLE THROUGH THIS SERVICE, YOU DO SO AT YOUR OWN RISK.

THE MATERIALS ON THIS SITE ARE PROVIDED TO YOU “AS IS, AS AVAILABLE” AND WITHOUT ANY WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. SPECIFICALLY, Red Creek AND ITS AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, NONINFRINGEMENT, MERCHATABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE ON OR THROUGH THE SITE. NOR DO THEY GUARANTEE THAT THE SITE WILL BE ERROR-FREE OR CONTINUOUSLY AVAILABLE OR THAT THE SITE, INCLUDING BULLETIN BOARDS OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. RED CREEK DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE OR IN THIRD-PARTY SITES OR YOUR RELIANCE THEREUPON IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. YOU, AND NOT RED CREEK ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION.

UNDER NO CIRCUMSTANCES SHALL RED CREEK OR ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES (WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHERWISE, OR WHETHER RESULTING FROM TORT, CONTRACT OR OTHER THEORIES OF LAW) INCLUDING, BUT NOT LIMITED TO, ATTORNEYS’ FEES AND LOST PROFITS, IN CONNECTION WITH, OR IN ANYWAY ARISING OUT OF: (1) THE USE OR INABILITY TO USE THIS SITE, ITS CONTENT, OR THE SERVICES; (2) ANY GOODS OR SERVICES OBTAINED THROUGH THIRD PARTIES REFERENCED OR MADE AVAILABLE ON OR THROUGH THIS SITE; (3) ANY ERRORS OR OMISSIONS IN THE CONTENT OR INFORMATION ON THE SITE; OR (4) ANY COMPUTER VIRUS OR OTHER PROGRAMMING DEVICE, EVEN IF RED CREEK IS ADVISED OF THE POSSIBILITY THEREOF.

IF YOU BECOME DISSATISFIED WITH THIS SITE, OR THE TERMS, CONDITIONS OR POLICIES GOVERNING THIS SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE. THIS LIMITATION ON DAMAGES IS ESSENTIAL TO THE AGREEMENT BETWEEN YOU AND RED CREEK AND THE SITE WOULD NOT BE PROVIDED FREE OF CHARGE WITHOUT SUCH LIMITATION.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO PORTIONS OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF RED CREEK, ITS AFFILIATES, AGENTS AND LICENSORS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Indemnification

You agree to defend, indemnify and hold harmless RED CREEK, its parents, affiliates, licensees and their respective directors, officers, employees and agents for, from and against all liabilities, claims damages and expenses, including attorneys’ fees, arising out of or in connection with your use of the Site, or your violation or alleged violation of the terms of this Agreement. Any indemnified party may participate, at its own expense, in the defense of any matter subject to indemnification by you and you agree to cooperate with such party in the defense of such claim.

Other

This Agreement constitutes the entire agreement between the parties with respect to the Site and the service, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. If any inconsistency exists between the terms of this agreement and any additional terms and conditions posted on the Site, such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions shall control. The provisions of this Agreement will be deemed severable and the invalidity or unenforceability of any provision will not affect the validity or enforceability of the other provision hereof. Any provision determined to be invalid or unenforceable will be modified, to the extent possible, to be valid and enforceable so as to retain the intent of the parties.