By accessing and/or using any application (RED Calc Pro, RED Calc Free or the RED website), you confirm that you accept and agree to be bound by these terms and acknowledge that they constitute a legally binding contract between us and you (and, if relevant, any organization on whose behalf you are acting). If you are acting on behalf of any organization, you confirm that you have the requisite authority, power, and right to fully bind that organization. If you (or, if relevant, your organization) do not agree to all of these terms (or if you do not have the right to bind your organization), you are not permitted to access or use any application or service, and you should not proceed further.
In these terms, unless the context otherwise requires, all further references to you (and your, etc.) mean both you as an individual user and also the organization on whose behalf you are acting (if any).
If you live outside the European Economic Area or Switzerland, the laws of Maine, USA, will apply to any disputes arising out of or relating to these Terms. All claims arising out of or relating to these Terms will be litigated exclusively in the federal or state courts of Oxford County, Maine, USA, and you and RED consent to personal jurisdiction in those courts.
If you live in the European Economic Area or Switzerland, the laws and courts of your country of residence will apply to any disputes arising out of or relating to these Terms and you can bring legal proceedings in your local courts. Disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
We may modify these Terms or any additional terms that apply to the RED website or RED Calc Pro, for example: to reflect changes to RED Calc Pro or the law, custom, or political or economic policy; or in response to guidelines issued by regulators or relevant industry bodies; or to enable RED to meet its obligations. You should look at the Terms regularly. We’ll post notice of modifications to these Terms on this page. We’ll post notice of modified additional terms (“Additional Terms”) in RED Calc Pro and will provide prior notice of material changes to the Terms to you. Changes will not apply retroactively and will become effective no sooner than 14 days after they are posted or notified to you. However, changes addressing new functions or features (“New Services”) or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a New Service, you should discontinue your use of the RED website, RED Calc Free, or RED Calc Pro.
If there is a conflict between these Terms and the Additional Terms, the Additional Terms will control for that conflict. These Terms control the relationship between RED and you. They do not create any third-party beneficiary rights. If you do not comply with these Terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms.
RED Website and RED Calc Free
RED reserves the right to change the terms, conditions, and notices under which the RED website is offered, including but not limited to the charges associated with the use of the RED website.
LINKS TO THIRD PARTY WEBSITES
The RED website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of RED and RED is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. RED is not responsible for webcasting or any other form of transmission received from any Linked Site. RED is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by RED of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the RED website, you warrant to RED that you will not use the RED website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the RED website in any manner which could damage, disable, overburden, or impair the RED website or interfere with any other party’s use and enjoyment of the RED website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the RED websites.
USE OF COMMUNICATION SERVICES
The RED website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
RED has no obligation to monitor the Communication Services. However, RED reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. RED reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
RED reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in RED’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. RED does not control or endorse the content, messages or information found in any Communication Service and, therefore, RED specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized RED spokespersons, and their views do not necessarily reflect those of RED.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO RED OR POSTED AT ANY RED WEB SITE
RED does not claim ownership of the materials you provide to RED (including feedback and suggestions) or post, upload, input or submit to any RED website or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting RED, its affiliated companies and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. RED is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in RED’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
INFORMATION PROVIDED TO RED DURING CUSTOMER SUPPORT REQUESTS
RED does not claim ownership of the materials you provide to RED (including feedback and suggestions) or post, upload, input or submit to any RED website or its associated services resulting from RED customer support activities. However, by posting, uploading, inputting, providing or submitting your customer support request, you are granting RED, its affiliated companies and necessary sub-licensees permission to use your request in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your request. At no time will your name be made public as a result of such customer support requests.
The information, software, products, and services included in or available through the RED website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. RED and/or its suppliers may make improvements and/or changes in the RED website at any time. Advice received via the RED website should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
RED and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the red website for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. RED and/or its suppliers hereby disclaim all warranties and conditions about this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
RED reserves the right, in its sole discretion, to terminate your access to the RED website and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Maine, U.S.A. Use of the RED website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and RED as a result of this agreement or use of the RED website. RED’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of RED’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the RED website or information provided to or gathered by RED with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and RED for the RED website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and RED for the RED website. A printed version of this agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES
All contents of the RED website are Copyright 2019 Residential Energy Dynamics, LLC and/or its suppliers. All rights reserved.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
According to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent.
RED Calc Pro Web Application
Your use of RED Calc Pro requires that you agree to these Terms. Please read them carefully. If you do not understand the Terms or do not accept any part of them, then you should not use RED Calc Pro.
YOUR USE OF RED CALC PRO
RED Calc Pro may only be accessed and used on a device owned or controlled by you and running the relevant operating system for which the Application concerned was designed, so you must make sure you have a compatible device which meets all the necessary technical specifications to enable you to use RED Calc Pro.
Applications (or upgrades) you access and Services you request by registering to create an account with us, are made available to you immediately and you acknowledge and agree that this is the case and that, therefore, you will have no right to change your mind once you access the Application (after any trial period) or you register to create your account (as the case may be).
It is assumed you have obtained permission from the owner of any device that is controlled, but not owned, by you to access an Application from that device. You accept responsibility, under these terms and conditions, for all access to, and use of, any Application by you on any device, whether or not it is owned by you.
You acknowledge that the mobile service provider for any mobile device on which you access or use any Application or Service may charge for internet access (including mobile data usage) on that device. Do not use RED Calc Pro in a way that distracts you and prevents you from obeying traffic or safety laws.
We cannot and do not guarantee the continuous, uninterrupted or error-free operability of any Application or Service or that any Application or Service will respond at a certain speed (since this depends on several factors outside our control).
Your Content (Data)
RED Calc Pro allows you to upload, submit, store, send and receive content. You retain ownership of any intellectual property rights that you hold in that content (data). In short, what belongs to you, remains yours.
When you upload, submit, store, send or receive content to or through RED Calc Pro, you give RED a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our services), communicate, publish, publicly perform, publicly display, and distribute such content. This license continues even if you stop using our services unless you delete your content. Make sure you have the necessary rights to grant us this license for any content that you submit to RED Calc Pro.
In connection with your use of RED Calc Pro, we may send you service announcements, administrative messages, and other information. You may opt-out of some of those communications.
ACCOUNT SETUP AND SUBSCRIPTIONS
The use or RED Calc Pro is restricted to users who have an active subscription with RED. When you subscribe to RED Calc Pro as an Individual or Team, your account is created with us. You must provide us with accurate, complete and up-to-date information, including legal name and full contact information. You are responsible for the information you provide to us. You must promptly inform of all changes to this information.
When you subscribe to RED Calc Pro you are provided with, a password (or another identifier) for accessing or using your account, you must treat such information as confidential and must not reveal it to anyone else. You are responsible for all activities that occur under your password and must notify us immediately of any unauthorized use of which you become aware. We reserve the right to disable any password at any time, if in our opinion you have failed to comply with any of the provisions of these terms and conditions or if any details you provide to register as a user prove to be false.
You must cease to use and delete your password from any of your records upon termination of your account, for whatever reason.
Each of the available paid-for subscriptions will require you to pay a fee, the amount of which will be as set out on the RED website. The fee you pay gives you access to RED Calc Pro with its relevant features as indicated on the website. Subscription fees are payable monthly or yearly unless we offer other options.
Payment must be made by credit or debit card. We accept payment by most major credit and debit cards. You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorize payment for any reason. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this fee.
It is important to note that your subscription will automatically renew (as long as we continue to make the relevant subscription available) every month or year (or, in the case of a longer subscription, at the end of the relevant period), at the then-current fee (as indicated on the RED website) unless you cancel your subscription through the cancellation functionality provided for your account on the website. We will notify you, by email and on the website, of any increase in the applicable fees.
We warrant that paid-for subscriptions will be provided with reasonable care and skill. Residential Energy Dynamics does NOT store your credit or debit card data on our website.
RED CALC PRO SUBSCRIBER-USE LIMITATIONS
Except to the extent expressly set out in these terms and conditions, you are not allowed to:
- Republish, redistribute or retransmit RED Calc Pro
- Copy or store RED Calc Pro, other than the storage of your data created within RED Calc Pro;
- Remove or change any content of RED Calc Pro (other than your content) or attempt to circumvent security or interfere with the proper working of RED Calc Pro or any servers on which it is hosted, or attempt to reverse-engineer RED Calc Pro;
- Use any RED Calc Pro in a way that might damage our name or reputation or that of any of our affiliates;
- Or otherwise, do anything that it is not expressly permitted by these terms and conditions.
To do anything with RED Calc Pro that is not expressly permitted by these terms and conditions, you will need a separate license from us. Please contact us.
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.
We provide information to help copyright holders manage their intellectual property online. If you think somebody is violating your copyrights please contact RED.
RED CALC PRO LICENSE
RED gives you a personal, worldwide, royalty-free, non-assignable, and non-exclusive license to use the Software provided to you by RED as part of RED Calc Pro. This license is for the sole purpose of enabling you to use and enjoy the benefits of RED Calc Pro as provided by RED, in the manner permitted by these Terms. You may not copy, modify, distribute, sell, or lease any part of RED Calc Pro or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
MODIFYING AND TERMINATING RED CALC PRO USE
Changes to RED Calc Pro
We are constantly changing and improving RED Calc Pro. We may make performance or security improvements, change functionalities or features, or make changes to comply with the law or to prevent illegal activities on, or abuse of, our systems. We will provide notice of material changes to RED Calc Pro that we reasonably believe will adversely impact your use of RED Calc Pro. However, there are times when we will need to make changes to RED Calc Pro without giving notice. These will be limited to instances where we need to take action to ensure the security and operability of the application, prevent abuse, or where we must act to meet legal requirements.
Suspension and Termination of RED Calc Pro
You can stop using RED Calc Pro at any time, although we’ll be sorry to see you go. We may suspend or permanently disable your access to RED Calc Pro if you materially or repeatedly violate our Terms. We will give you prior notice of us suspending or disabling your access to RED Calc Pro. However, we may suspend or disable your access to RED Calc Pro without notice if you are using RED Calc Pro in a manner that could cause us legal liability or disrupt other users’ ability to access and use RED Calc Pro.
Discontinuation of RED Calc Pro
If we decide to discontinue RED Calc Pro, we will give you at least 60 days’ prior notice. During this notice period, you will have the opportunity to print your tool reports or save them as PDF files. After the end of these 60 days, you will not be able to access your files. We believe that you own your files and preserving your tool reports is important.
USER DATA STORAGE
RED allows you to use online storage of your related data as part of your RED Calc Pro subscription. We meter this storage by counting the number of items you have saved to the RED Cloud. Items stored include tools and trashed tools, folders and trashed folders, and templates and trashed templates. If we find you are exceeding your storage allotment, we will notify you with a request or demand to reduce your online storage.
INTELLECTUAL PROPERTY RIGHTS
We license but do not sell, RED Calc Pro. We remain the owners of all RED Calc Pro web application and its parts at all times.
All intellectual property rights in RED Calc Pro, it’s content (including text, graphics, software, photographs and other images, videos, sound, trademarks, and logos), other than User Content (data), are owned by RED or our licensors. Except as expressly set out here, nothing in these terms and conditions gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by accessing RED Calc Pro.
RED Calc Pro may contain code, commonly referred to as open-source software, which is distributed under any of the many known variations of open source license terms, including terms which allow the free distribution and modification of the relevant software’s source code and/or which require all distributors to make such source code freely available upon request, including any contributions or modifications made by such distributor (collectively, Open Source Software). Please note that, to the extent that RED Calc Pro contains any Open Source Software, you are only permitted to use that element under the relevant license terms of the applicable third-party licensor (Open Source License Terms) and not under these terms and conditions, and you accept and agree to be bound by such Open Source License Terms.
WARRANTIES AND DISCLAIMERS
We provide RED Calc Pro using a reasonable level of skill and care and we hope that you will enjoy using RED Calc Pro. But there are certain things that we don’t promise about RED Calc Pro. Other than as expressly stated, we don’t make any commitments about the specific functionality available through RED Calc Pro, its reliability, availability, or ability to meet your needs.
RED’S LIABILITY FOR RED CALC PRO
RED and its suppliers and distributors are not responsible or liable for:
- Losses that were not caused by our breach of these Terms;
- Any loss or damage that was not, at the time the relevant contract with you was formed, a reasonably foreseeable consequence of RED breaching the Terms; or
- Losses relating to any business of yours including lost profits, revenues, opportunity or data.
The total liability of RED, and its suppliers and distributors, for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the services up to the completion of your current subscription period, either monthly or yearly (or, if the subject of the claim is the free service, to supplying you the services again).
Nothing in these terms is intended to exclude or limit the liability of RED and its suppliers and distributors for death or personal injury, fraud, fraudulent misrepresentation or any liability that cannot be excluded by law.
September 4, 2019