PrivacyOps Package Terms and Conditions

Last Updated July 18, 2022

INTRODUCTION

These Red Clover Advisors, LLC (“Red Clover”) Terms and Conditions (“Terms”) apply to your purchase, access and use of any documents located at https://redcloveradvisors.com/privacy-ops-package/ (the “Red Clover Materials”). The purchaser of the Red Clover Materials is referred to in these Terms as you or your. Your access and use of these documents is subject to these terms. By accessing the Red Clover Materials you are agreeing to these Terms. You are also bound by Red Clover’s privacy policy located at https://redcloveradvisors.com/privacy-policy. IF YOU DO NOT ACCEPT THESE TERMS, THEN PLEASE DO NOT PURCHASE AND USE THE RED CLOVER MATERIALS.  YOUR PURCHASE OF RED CLOVER MATERIALS DOES NOT CREATE ANY RELATIONSHIP BETWEEN RED CLOVER AND YOU OTHER THAN YOU HAVE AGREED TO THESE TERMS IN CONNECTION WITH YOUR PURCHASE OF THE RED CLOVER MATERIALS. YOUR PURCHASE OF THE RED CLOVER MATERIALS DOES NOT CONSTITUTE PRIVACY RELATED OR CONSULTING SERVICES TO YOU BY RED CLOVER. 

Entire Agreement.  These Terms and the privacy policy referenced herein (as each may be revised and amended from time to time according to their respective terms) collectively constitute the entire agreement with respect to your access to and use of the Red Clover Materials.  These Terms shall be binding on and inure to the benefit of the parties hereto and their respective successors and assigns. 

I. IP Rights

The Red Clover Materials are protected by United States Copyright Law. Except as stated herein, none of Red Clover Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted by you in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Red Clover. You are granted a  non-exclusive, non-transferable, non-sublicensable, worldwide right and license to use the Red Clover Materials for your internal business purposes. You shall not, directly, indirectly, alone, or with another party, (i) copy, download, disassemble, reverse engineer, or decompile Red Clover Materials; or (ii) transfer or otherwise grant any rights in the Red Clover Materials in any form to any other party, nor shall you attempt to do any of the foregoing or cause or permit any third party to do or attempt to do any of the foregoing.

II. Warranty and Disclaimer

Warranty Disclaimer: Red Clover does not promise, covenant, represent, warrant, or guarantee that your use of the Red Clover Materials will obtain any particular or tangible result or goal. The Red Clover Materials are general templates and it is your sole responsibility to tailor the Red Clover Materials to your specific situation.  Red Clover Advisors is not a law firm and if you need legal advice with respect to your usage of the Red Clover materials, please contact an attorney who is competent to provide appropriate legal advice with respect to your specific problem. 

RED CLOVER PROVIDES THE RED CLOVER MATERIALS ON AN “AS IS” AND “AS AVAILABLE” BASIS.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RED CLOVER EXPRESSLY DISCLAIMS ANY WARRANTIES OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, TIMELINESS, SECURITY, DESIGN, ACCURACY, CAPABILITY, SUFFICIENCY, SUITABILITY, CAPACITY, COMPLETENESS OR AVAILABILITY, OR ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. 

III. Limitation of Liability; Indemnification. 

3.1 You understand that Red Clover, its employees, officers, directors, managers, suppliers, or licensors will not assume responsibility for incidental, special, consequential, exemplary, or punitive damages of any kind or the loss of anticipated profits incurred or suffered by you arising out of or related to the Red Clover Materials, even if advised of the possibility of such loss or damagesWITHOUT LIMITING ANY OF THE FOREGOING, RED CLOVER’S AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES ARISING UNDER OR IN CONNECTION WITH THE RED CLOVER MATERIALS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, IS LIMITED TO $1,000, AS LIQUIDATED DAMAGES, NOT AS A PENALTY, AND AS USER’S SOLE AND EXCLUSIVE REMEDY. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. 

 

3.2 You agree to defend (at Red Clover’s option), indemnify, and hold Red Clover harmless from and against any and all liabilities, claims, damages, costs, and expenses, including attorneys’ fees and costs, arising from or related to your misuse of the Red Clover Materials or any breach by you of these Terms. Red Clover reserves the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with Red Clover if and as requested by Red Clover in the defense and settlement of such matter.

IV. Miscellaneous

4.1 Governing Law. This Agreement will be governed by and construed under the laws of the State of Georgia, without regard to conflicts of laws, principles or rules except to the extent that such law is preempted by or inconsistent with applicable federal law.

4.2 Severability. To the extent any portion of the Agreement is determined to be invalid by a court of competent jurisdiction, it will not affect the validity and enforceability of other terms or any part thereof. Then, such portion will be modified by the court solely to the extent necessary to cause such portion to be enforceable, and the Agreement as so modified will remain in full force and effect.

4.3 Entire Agreement.  These Terms and the privacy policies referenced herein (as each may be revised and amended from time to time according to their respective terms) collectively constitute the entire agreement with respect to your access to and use of the Red Clover Materials.  These Terms shall be binding on and inure to the benefit of the parties hereto and their respective successors and assigns. You are responsible for complying with any and all laws of the jurisdiction from which you are accessing the Red Clover Materials and any other jurisdiction whose laws apply to you or your actions. You agree that you will not access or use the Red Clover Materials in violation of such laws or these Terms.  Any waiver of any provisions contained in these Terms by Red Clover  shall not be deemed to be a waiver of any other right, term, or provision of these Terms.  Any rights not expressly granted herein are reserved.  

4.4  Changes to the Terms

You are bound by the version of the Terms in effect on the date you complete your purchase of the Red Clover Materials. However, we may change these Terms from time to time, and when we do, we will post them on our website www.redcloveradvisors.com. It is your responsibility to review the Terms each time you place an order with us for Red Clover Materials. The “Last Updated” legend above indicates when the Terms were last changed.