Please review the following terms and conditions carefully. This agreement is a legally binding contract between you ("You" or "Your") and Riata Management regarding your visit to and use of its websites and the various products and services referenced on its websites, including, without limitation, software, developer tools, download areas, forums, documentation, content and information contained therein (the "Site").
1. TRADEMARKS. All trademarks and service marks on this Site belong to Riata Management or its affiliates, except third party trademarks and services marks, which are the property of their respective owners. You are not authorized to use any such trademarks without the prior written consent of Riata Management or their respective owners.
2. CONTENT. All content included on this Site, including but not limited to, text, graphics and images, is, unless otherwise noted, copyrighted under United States law and protected by worldwide copyright laws and treaty provisions. The compilation (meaning the collection, arrangement and assembly) of all content on this Site is the exclusive property of Riata Management and protected by United States and international copyright laws. No use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this Site is permitted without Riata Management's written permission. You further understand that all information, data, text, software, music, sound, photographs, graphics, audio, video, messages or other materials, whether publicly posted or privately transmitted, are owned by Riata Management or its licensors. You are expressly prohibited from using any such materials without the express written consent of Riata Management or its licensors. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any patent, copyright, trademark or other proprietary or intellectual property right of Riata Management or its licensors. While Riata Management uses reasonable efforts to include accurate and timely information on this Site, Riata Management does not guarantee or warrant the accuracy, integrity or quality of any such information. This Site's content may have originated from Riata Management or third parties and is made available to You as a courtesy for your personal entertainment, information, education, and communication. This Site's content is current only as of the date published or indicated and may be superseded by subsequent events or for other reasons. Product or service offerings, prices, terms and other information provided herein are subject to change without notice. You should ascertain the appropriateness of any product or service as it may pertain to Your intended purpose and needs.
3. DOCUMENT DOWNLOADS. Riata Management may make available to download from this Site certain documents (such as industry solutions, white papers, case studies, publications, press releases and other materials) (collectively, the "Documentation"). Riata Management permits you to download and make a single copy of the Documentation as long as (a) the copyright notice appears in the copy and you do not modify or remove such copyright notice on the copy, (b) your use of the Documentation is for informational and non-commercial or personal use only and you will not copy or post the Documentation on any network computer or broadcast in any media, (c) you will not transfer, distribute, combine with other materials or otherwise commercially exploit the Documentation, and (d) you do not make any modifications or changes to or create derivative works of the Documentation. Accredited educational institutions, such as K-12, universities, private/public colleges, and state community colleges, may download and reproduce the Documentation for distribution in the classroom; provided that distribution outside the classroom requires Riata Management's express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. It is expressly stated that the limited permission for the Documentation specified above does not include the design or layout of the Site or any other site owned, operated, licensed or controlled by Riata Management, or the Software (as defined below) made available on the Site.
4. FORUMS. As part of the Site's services, Riata Management may make available bulletin board services, chat areas, news groups, forum, communities and other message or communication facilities designed to enable you to communicate with Riata Management and/or others (collectively, the "Forums"). You agree to use the Forums only to post, send and receive messages and material that are proper and, when applicable, related to the particular topic, product or service. You agree that when using the Forums, you will not take any action that would constitute an improper use of the Site under this Legal Notice. In addition to those prohibited actions listed as an improper use of the Site under this Legal Notice, you further agree not to (a) advertise or offer to sell or buy any goods or services for any business purpose, unless the applicable Forum is designed to permit such messages, (b) download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner, (c) falsify or delete any copyright management information, such as 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 to a Forum, (d) restrict or inhibit any other user from using and enjoying the Forum, (e) violate any code of conduct or other guidelines that may be applicable for any particular Forum, (f) harvest or otherwise collect information about others, including e-mail addresses, from the Forum; or (g) use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Forums or other user or usage information or any portion thereof. Riata Management has no obligation to monitor the Forums; however, Riata Management reserves the right to review materials posted to any of the Forums prior to and after posting and to not post, redact or remove any materials from the Forums for any or no reason in its sole discretion. Riata Management further reserves the right to terminate Your access to any or all of the Forums at any time, without notice, for any or no reason whatsoever. Riata Management does not control or endorse the content, messages or information found in any of the Forums, and therefore, Riata Management specifically disclaims any liability with regard to the Forums and any actions resulting from Your participation in any of the Forums. Materials uploaded to the Forums may be subject to posted limitations on usage, reproduction and/or dissemination, and You are responsible for adhering to such limitations if You download the materials.
5. POSTED MATERIALS. Riata Management does not claim exclusive ownership of any materials posted, uploaded or submitted by you to on this Site (including without limitation any of the Forums) for review by the general public or by members of any public or private community (the "Posted Materials"). Effective upon each posting, upload or submission, You hereby grant to Riata Management and its successors, assigns, affiliates and licensees, the perpetual, irrevocable, world-wide, unrestricted, fully paid, royalty-free right to create, use, reproduce, publish, display, digitize, synchronize, enhance, distort, alter, partition, modify, create derivative works of, sublicense others to use, or otherwise transform, in whole or in part, the Posted Materials, regardless of format, in connection with the Site and Riata Management's products and services in any and all format, platform or other media (including, but not limited to, Internet), now existing or hereafter created, and in advertising, publications, marketing and documentation related to the Site and Riata Management's products and services. You further irrevocably consent that Riata Management may, but is not obligated to, use your name or a fictitious name in connection with the Posted Materials, if Riata Management so chooses. You agree that no compensation or accounting is due to you with respect to Riata Management's use of your name and/or the Posted Materials. You hereby transfer and/or waive or release any right to inspect or approve of Riata Management's use of the Posted Materials and any and all moral rights and rights of restraint associated with the Posted Materials to Riata Management on a world-wide and unrestricted basis. You hereby release and discharge Riata Management and their licensees from any and all claims and demands arising out of or in connection with the use of your name and the Posted Materials, including, without limitation, any and all claims for libel, invasion of privacy, false designation of origin, sponsorship or approval, rights of publicity, unfair competition or infringement. You further agree not to sue or assert any claim against Riata Management or any licensee of any nature whatsoever arising by reason of Riata Management's use of your name and/or the Posted Materials as described in this Legal Notice. You agree that Riata Management may assign or sublicense any right granted in this section without your prior consent and that Riata Management is under no obligation to post or use any Posted Materials that you may provide and Riata Management may remove any Posted Materials from the Site (or any particular Forum on the Site) at any time in its sole discretion. By providing the Posted Materials, You warrant and represent to Riata Management that you own or otherwise control all of the rights to the Posted Materials sufficient to grant the license in and to the Posted Materials to Riata Managements above, and any use of the Posted Materials by Riata Management does not and will not infringe or violate the rights of you or any third parties. The foregoing license shall be binding upon You and your heirs, legal representatives, and assigns. Notwithstanding the foregoing, you agree that Riata Management shall own the exclusive rights in and to any survey answers, ideas, concepts, benchmark testing, benchmark test results and reports, or any enhancements, improvements, revisions, or other modifications posted, submitted, suggested, created or provided by You, alone or jointly with others, in conjunction with your use of any particular Forum on this Site to the extent that such items are derived from or related to Riata Management's products or services, and that you will execute any and all documents reasonably requested by Riata Management to perfect, protect and preserve the rights granted or owned by Riata Management under this Legal Notice.
6. DISCLAIMER. THE MATERIALS AND INFORMATION ON THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT). THE MATERIALS AND INFORMATION MAY CONTAIN ERRORS, PROBLEMS OR OTHER LIMITATIONS. OUR SOLE AND ENTIRE MAXIMUM LIABILITY FOR ANY INACCURATE INFORMATION, FOR ANY REASON, AND USER'S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU TO RIATA MANAGEMENT FOR THE MATERIALS AND INFORMATION RECEIVED (IF ANY). RIATA MANAGEMENT IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE) WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND EVEN IF THE REMEDIES STATED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE. NO REPRESENTATIONS, WARRANTIES OR GUARANTEES WHATSOEVER ARE MADE AS TO THE ACCURACY, ADEQUACY, RELIABILITY, CURRENTNESS, COMPLETENESS, SUITABILITY OR APPLICABILITY OF THE MATERIALS OR INFORMATION TO A PARTICULAR SITUATION. All responsibility and liability for any damages caused by viruses contained within the electronic files of this Site are disclaimed. Riata Management does not represent nor warrant that the operation of this Site or the Software will be uninterrupted or error-free, that defects will be corrected, or that this Site or the server that makes it available are free of viruses or other harmful components or that the Documentation will be free of inaccuracies or errors. By use of this Site, you assume the entire cost of all necessary servicing, repair, or correction. Riata Management assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property as a result of your access to, use of, or browsing in this Site or your downloading of the Documentation or the Software or any other information, materials, data, text, images, video, or audio from the Site.
7. LINKS. The Site may provide, or third parties may provide, links to other World Wide Web sites or resources. The information provided to you in the links on this Site are provided solely for informational purposes only. The results are not guaranteed to be accurate and are in no way endorsed, offered or guaranteed by Riata Management. Unless You have agreed otherwise in writing with Riata Management, links from another website to this Site must resolve to the top-level homepage only.
8. IMPROPER USE OF THE SITE. You will not upload onto this Site, or otherwise use this Site or any products or services provided by Riata Management, any destructive or unlawful purposes including, but not limited to, the dissemination of computer viruses, libelous or inflammatory materials, pornographic or obscene information, invasive of privacy, stalking or harassment, abuse, tortuous conduct, hateful or racially, ethnically or otherwise objectionable material, or any works infringing upon the patents, copyrights, trademarks, trade secrets, rights of publicity, rights of privacy or proprietary rights of third parties. You will not use the Site (or any Forums on this Site) in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise), or otherwise to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. You will not download any portion of the operating software for this Site or otherwise control its operation. You will not impersonate any person or entity, including, without limitation, one of Riata Management's employees, or falsely state or otherwise misrepresent Your affiliation with a person or entity or create a false identity for the purpose of misleading others. You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through this Site. You will not upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, using this Site except as expressly permitted by Riata Management. You will not upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment using this Site. You will not interfere with or disrupt this Site or servers or networks connected to this web site, or disobey any requirements, procedures, policies or regulations of networks connected to this Site. You will not collect or store personal data about other users of this Site. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of this Site or any products or services referenced on this Site. You may not obtain or attempt to obtain unauthorized access to any portions of this Site or any other protected materials or information requiring passwords or login, through any means not intentionally made available by Riata Management for Your specific use. IMPROPER USE OF THIS SITE OR THE SERVICES MAY RESULT IN CIVIL AND CRIMINAL LIABILITIES.
9. LOG-IN ACCOUNT AND PASSWORDS. The Forums and certain other portions of this Site may be protected by passwords or require a login. In order to access the Forums or these portions of this Site, you must first register with Riata Management and if approved, you will be given a unique and individual password and user identification for login to the Forums or other portions of the Site. By completing the registration form, you represent and warrant to Riata Management that: (a) the information submitted as prompted by the applicable registration form is current, complete and accurate; (b) you are 18 years of age or older; and (c) you have the right to contract in your own name and accept the terms and conditions set forth in this Legal Notice if you are using this Site individually, or you are a duly authorized representative of that company with the authority to bind the company to the terms and conditions set forth in this Legal Notice if you are using the Site on behalf of a company. Riata Management reserves the right to accept or reject any person for registration for any or no reason in its sole discretion. If you have been given a password or other PIN for access to forums or other non-public areas of this Site, You are solely responsible for all activities occurring in connection with or originating from such password on PIN. You should take steps to protect the confidentiality of such password or PIN and notify Riata Management immediately if You become aware of any disclosure, loss, theft or unauthorized use. You further agree that you will exit fully from the Site at the end of each session in which you participate.
10. INDEMNIFICATION. As a condition of Your permitted use of this Site, You agree to indemnify and hold Riata Management and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of any materials or information that You submit, post to or transmit through this Site, Your use of or connection to this Site or any portions thereof (including without limitation the Documentation, the Software, the Forums or any downloads available on the Site), Your violation of this agreement, or Your violation of any rights of a third party.
12. COPYRIGHT AGENT. Riata Management respects the intellectual property of others, and asks You to do the same. Riata Management may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be infringing the intellectual property rights of others. If You believe that Your work has been copied in a manner constituting copyright infringement, or your intellectual property rights have been otherwise violated, please provide Riata Management's Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (b) a description of the copyrighted work or other intellectual property that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the Site; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
13. TERMINATION. You may terminate your log-in account(s) at any time by notifying Riata Management in writing of your intent to terminate subject to full payment of any costs, if any, charged to your log-in account(s). You agree that Riata Management, in its sole discretion, may terminate your log-in account(s) (or any part thereof) or access to and use of the Site (or any of the Forums), and remove and discard any of your personal information stored on the Site, upon termination or for any or no reason whatsoever, including, without limitation, for lack of use or if Riata Management believes that you have violated, or acted inconsistently with the intent of, this Legal Notice or otherwise are in breach of the applicable EULA or any of other agreement with Riata Management (including without limitation non-payment of fees). You agree that any termination of your log-in accounts and your access to the Site (or any of the Forums) under any provision of this Legal Notice may be effected without prior notice, and acknowledge and agree that Riata Management may immediately deactivate or delete your log-in account(s) and all related information and files in your log-in account(s) and/or bar any further access to such on-line accounts or the Site (or any of the Forums) or the Documentation or Software. Further, you agree that Riata Management shall not be liable to you or any third-party for any termination of your access to your log-in account(s), the Site (or any of the Forums), the Documentation of the Software.
14. GOVERNING LAW; VENUE. Riata Management is based in Oklahoma City, OK. You agree that this agreement is governed by the laws of the State of Oklahoma and that proper and convenient venue lies exclusively with the courts located in Oklahoma County. You agree to be subject to the personal jurisdiction of the State and Federal courts sitting in Oklahoma County, Oklahoma, in the event that any litigation results concerning any aspect arising out of Your use of this Site. You agree that the statute of limitations for any claim against Riata Management shall be brought within one year from when the claim arose, and any claims not brought within such period of time shall be deemed waived.
15. U.S.-BASED SITE OPERATION. This Site is maintained and operated by Riata Management from its offices in Oklahoma City, OK of the United States of America. Those who choose to access this Site from other countries do so on their own initiative and are responsible for compliance with local laws. No software from this Site may be downloaded or otherwise exported or re-exported into (or to a national or resident of) any countries that are subject to U.S. export restrictions. By downloading or using software from this Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any country that is subject to U.S. export restrictions.
16. MISCELLANEOUS. Riata Management reserves the right to amend the terms and conditions hereof at any time without prior notice. Notice of modifications may be given by posting notice of such changes on this Site, by electronic mail, by facsimile or by conventional mail. You agree that Your use of this Site constitutes acceptance of all of the terms and conditions as they may be amended in the future. Riata Management shall not be deemed to have waived any rights hereunder unless such waiver is in writing signed by an duly authorized officer of Riata Management. Riata Management reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or any products or services offered on this Site with or without notice. You agree that Riata Management shall not be liable to You or to any third party for any modification, suspension or discontinuance of this Site or any products or services offered on this Site. All areas of this Site may currently be made available without charge; however, Riata Management reserves the right to charge viewers and/or users for access to or use of any portion of this Site in the future, without prior notice. Riata Management reserves the right at all times to disclose any information as Riata Management deems 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, on the Site in its sole discretion. If any part of these terms and conditions is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of remaining provisions. The foregoing terms and conditions are the entire agreement between You and Riata Management with respect to the Site and your use thereof.
17. UPDATE. This Legal Notice was last updated on August 13, 2008.