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AGREEMENT BETWEEN USER AND RANGERECON.COM (“COMPANY”)

RangeRecon.com is comprised of various web sites and web pages operated by the Company or its Affiliates (collectively, the “Company Web Sites”).

The Company Web Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Company Web Sites constitutes your agreement to all such terms, conditions and notices.

In the event that any of the terms, conditions, and notices contained herein conflict with any other terms and guidelines contained within any particular Company Web Site, then these terms shall control.

Modification of Terms of Use

The Company reserves the right to change the terms, conditions, and notices under which the Company Web Sites are offered, including but not limited to the charges associated with the use of the Company Web Sites. You are responsible for regularly reviewing these terms and conditions.

Personal and Noncommercial Use Limitation

Unless otherwise specified, the Company Web Sites are for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Company Web Sites.

Links to Third Party Sites

The Company Web Sites may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of the Company and the Company 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. The Company is not responsible for webcasting or any other form of transmission received from any Linked Site. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the site or any association with its operators.

No Unlawful or Prohibited Use

As a condition of your use of the Company Web Sites, you warrant to the Company that you will not use the Company Web Sites for any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use the Company Web Sites in any manner which could damage, disable, overburden, or impair the Company Web Sites or interfere with any other party’s use and enjoyment of the Company Web Sites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Company Web Sites. You warrant to the Company that you will not create fraudulent pages, post fraudulent materials, or otherwise perpetuate any fraud on the Company Web Sites.

Use of Communication Services

The Company Web Sites 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 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 or 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 label 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; or
  • Violate any applicable laws or regulations.

The Company has no obligation to monitor the Communication Services; however, the Company reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. The Company reserves the right to terminate your access to any or all of the Communication Services or any other portion of the Company Web Sites at any time without notice for any reason whatsoever.

The Company 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 the Company’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. The Company does not control or endorse the content, messages or information found in any Communication Service and, therefore, the Company 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 Company spokespersons, and their views do not necessarily reflect those of the Company.

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 the Company or Posted at Any Company Web Site

The Company does not claim ownership of the materials you provide to the Company (including feedback and suggestions) or post, upload, input or submit to any Company Web Site or its associated services (collectively, “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting the Company, its affiliated companies and necessary sublicensees 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. The Company is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the Company’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.

Software Available on the Company Web Sites

Software (if any) that is made available to download from the Company Web Sites, excluding software that may be made available by end users through a Communication Service (Software) is the copyrighted work of the Company and/or its suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (License Agreement). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a License Agreement, the Company hereby grants to you, the user, a personal, nontransferable license to use the Software for viewing and otherwise using the particular Company Web Site in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices. All Software is owned by the Company and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the United States. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to United States export restrictions.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE COMPANY WEB SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE COMPANY WEB SITES AT ANY TIME. ADVICE RECEIVED VIA THE COMPANY WEB SITES 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.

THE COMPANY AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE COMPANY WEB SITES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE COMPANY AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.

IN NO EVENT, SHALL THE COMPANY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF PERFORMANCE OF THE COMPANY WEB SITES, WITH THE DELAY OR INABILITY TO USE THE COMPANY WEB SITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE COMPANY WEB SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE COMPANY WEB SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE COMPANY WEB SITES, OR WITH AN OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE COMPANY WEB SITES. SERVICE CONTACT: ____@rangerecon.com

Termination/Access Restriction

The Company reserves the right, in its sole discretion, to terminate your access to any or all Company Web Sites and the related services or any portion thereof at any time, without notice.

General

This Agreement is governed by the laws of the State of Texas. You hereby consent to the exclusive jurisdiction and venue of the courts in the State of Texas in all disputes arising out of or relating to the use of the Company Web Sites. Use of the Company Web Sites is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this Section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this Agreement or use of the Company Web Sites. The Company’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of the Company’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Company Web Sites or information provided to or gathered by the Company 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 the Company with respect to the Company Web Sites, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Company with respect to the Company Web Sites. A printed version of this Agreement and of 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.

Copyright and Trademark Notices

All contents of the Company Web Sites are: Copyright 2018 RangeRecon.com and/or its suppliers. All rights reserved.

Trademarks

All proper names appearing on the Company Web Sites are either trademarks or registered trademarks of the Company. 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, products, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

Special Notice for Subscription-Based Content

Some contents and/or services on the Company Web Sites may be offered to you conditioned on our purchase of a subscription. If you elect to purchase subscription based content or services and transmit to the Company a subscription purchase request, you warrant that all information that you submit is true and accurate (including without limitation your credit card number and expiration date), and you agree to pay all subscription fees you incur plus all applicable taxes. You may cancel your subscription to any fee based content and/or services by contacting __@RangeRecon.com. No cancellation of access to free content and/or services or to nonrenewing subscription is required. Your subscription is personal to you and the members of your household, and you may not transfer or make available your account name and password to others, including, without limitation, your coworkers. Any distribution by you of your account name and password may result in cancellation of your subscription without refund and in additional charges based on unauthorized use.

To Unsubscribe from any Newsletter. Go to RangeRecon.com and sign in, or register if you have not yet. At the end of the pages listing your personal information, you will be presented with a check box list of e-mail periodicals. Click the checked box beside the newsletter to clear it; this will unsubscribe you from the newsletter.

Refunds

By agreeing to these terms and conditions, you agree that the Company shall not process any refunds for charges associated with users’ pages and portals. You understand and agree that if you provide payment information to the Company, the Company is authorized to assess all charges and process all payments associated with the services that you sign up for as they become due. In the event that you no longer wish the Company to charge you for certain services, you must cancel your subscriptions in accordance with these terms and conditions. After cancellation, you will no longer be granted access to your page, portal, or other fee-based content. You understand and agree that if you sign up for a page on the Company’s Web Site, you are liable for all related expenses and fees until you have cancelled your page in compliance with these terms and conditions. NO REFUNDS WILL BE ISSUED.

Special Notice for On-Line Shopping Site.

The Company Web Sites for on-line shopping link you directly to several merchants.

However, each individual merchant participating in the Company Web Sites is responsible for setting and explaining their individual shipping, return, security and other policies applicable to shopping in their stores and purchasing their products. The Company does not guarantee, warrant or endorse any product or service sold by a merchant in the Company Web Sites, nor do we have any liability or responsibility for the quality or performance of any product or service sold to you by any merchant. The purchase of any product or service from a merchant at the Company Web Sites is a transaction solely between you and that merchant, and any question or dispute you may have regarding any such product or service should be addressed directly to the responsible merchant. The Company has no responsibility or liability for any merchant or your relationship with such merchant.

You are responsible for paying the entire amount due on your purchase, including any applicable taxes, shipping and other charges assessed by the merchant. With respect to applicable taxes, the merchant will advise you subsequently of the exact amount of tax due on your purchase. The Company has no responsibility whatsoever for any miscalculation or omission by a merchant of applicable taxes on any sale.

You represent and warrant that you are at least 18 years of age and that you possess the legal right to use the Company Web Sites in accordance with the stated terms and usage policies. You hereby agree to supervise usage by, and be responsible for the actions of, any minors who use your computer and/or registration account to access the Company Web Sites.

Special Notice for Auction Sites

You warrant that you are at least 18 years of age and possess the legal authority to enter into this Agreement and to use the Company Web Sites, including the buying, selling and listing of items, and any other services offered on the Company Web Sites (collectively, “Services”) in accordance with all terms and conditions herein. If you are buying or selling goods using the Services, you further warrant that you have legal authority to enter into other binding agreements for the sale or purchase of goods. You agree to be financially responsible for all of your use of the Services (as well as for use of your account by others, including without limitation minors living with you). You agree to supervise and be responsible for all usage of minors of the Services under your name or account. You also warrant that all information supplied by you or members of your household in using the Services, including without limitation your name, e-mail address, street address, telephone number, credit card number, and if you are selling goods, all information about your listed goods, is true and accurate. Failure to provide accurate information may subject you to civil and criminal penalties.

The Company reserves the right to charge listing fees for certain listings, as well as transaction fees based on certain completed transactions using the Services. The Company further reserves the right to alter any and all fees from time to time, without notice. You shall be completely responsible for all charges, fees, duties, taxes and assessments arising out of the use of the Services.

The Company Web Sites are offered solely as a forum for you to utilize the Services to buy and sell goods. The Company is not involved in any transaction between you and any other party who uses these Sites, and is not acting as your or any other party’s agent. The Company cannot screen, censor or otherwise control the listings or any transactions, including whether a listing is accurately described, whether an item can be legally purchased or sold in your jurisdiction, or whether a transaction will be completed as described by the seller or the buyer. Further, the Company cannot control or warrant the behavior of the users of the services. As such, your use of the Company Web Sites and their Services is at your own risk, and the Company disclaims any liability with regard to use of the Services and any actions resulting from your or any other party’s participation in the Services. You hereby agree to release the Company, its suppliers, service partners, agents, employees, consultants, officers and directors from all claims, demands and damages, whether actual or consequential, of every kind, whether known or unknown, disclosed or undisclosed, arising out of or relating to any and all listings, transactions, or any other use of the Company Web Sites and the Services. Further, because the Company is not involved in any transactions between you and other users of the Services, the Company cannot and will not be involved in resolving any disputes relating to any completed or uncompleted transaction for the purchase or sale of listed goods.

By listing an item for sale, you warrant that you have the legal right to sell the item, that the item is not counterfeit, and that it is a genuine and authentic item as described by the seller; by making a bid or offer to purchase, you warrant that you have the legal right to make the bid and the resources to honor the bid. You further warrant that you will comply with all applicable laws and regulations regarding use of the Services.

It is your responsibility to determine whether the purchase or sale of any listed item is authorized by law, statute, or regulation. Without limitation, the following items may not be sold or offered for sale on the Company Web Sites: firearms, explosives and ammunition; alcoholic beverages; tobacco products; food that is not packaged or does not comply with all applicable laws for sale to consumers by commercial merchants; pharmaceuticals and controlled substances; counterfeit, pirated or stolen goods; counterfeit, pirated or other unauthorized software, including unlicensed back-up copies, beta or prerelease software, academic edition software licensed solely for use by authorized educational institutions and other users, “fulfillment” software or other software not intended for general public distribution, copies installed on hardware hard drives without authorization, or software unbundled from the hardware it was purchased on or with; any goods that infringe or otherwise violate another party’s rights, including copyright, patent, trademark, or rights of publicity or privacy; goods that are, in the Company’s sole discretion, indecent, obscene or pornographic; registered or unregistered securities; goods which you do not have the legal right to sell; goods which are misrepresented or which do not in fact exist; good which, if sold via the Services, would cause the Company to violate any law, statute or regulation.

The Company reserves the right to cancel any listing or bid at any time for any reason, with or without cause, and reserves the right to prohibit or restrict access to the Services to anyone at any time, with or without cause.