Terms and Conditions. The Company will, in its sole discretion, terminate the accounts of, and refuse service to, any Member who repeatedly or knowingly violates these binding Terms and Conditions. Member agrees to maintain accurate contact information (specifically, a valid phone number and email address) in order to submit and maintain active property listings on the Red Business website. No robot, spider or other automated service may be used to submit listings to the Service. The Company shall have the sole authority to choose the manner in which any property listing will be searched, displayed, accessed, viewed, downloaded, copied, and otherwise used on the Red Business website and Company shall have the right to modify the property listing in the exercise of its rights under these binding Terms and Conditions. Listings that are not modified or renewed within a 75-day period are automatically changed to “Off Market” and are no longer viewable on Red Business.com. Member:
(a) represents and warrants that all properties and associated information provided by Member, including Submitted Content, will be accurate
(b) agrees not to post a property listing on the Red Business marketplace under a name other than the individually named licensed real estate agent or agents that have been engaged by the property owner to market the property under the terms of a duly executed listing agreement with the owner (shared accounts, e.g. firstname.lastname@example.org are strictly prohibited)
(c) agrees to administer the properties provided by Member and maintain their accuracy at all times. The Company reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the property listings posted on the Red Business website. Member is entirely responsible, and Company accepts no responsibility, for the Submitted Content from the Member. While the Company will undertake reasonable efforts for data backup and business resumption, Member will be solely responsible for retaining back-up copies of all information, photographs and other materials it provides to Red Business. Red Business may add digital watermarks to certain parts of your property listing, including photographs. We add these digital watermarks to protect against the copying or further distribution of your photographs without your permission. Member agrees that Red Business may adjust portions of the information contained within the Service (e.g., within property listings). Any such adjustments will have no material impact on the meaning and interpretation of property listings, but will serve as a means of uniquely identifying the property listings. Member accepts that this is a legitimate and lawful security precaution on the part of Red Business, and accepts further that in the event that any third party has access to property listings that can be identified as having such unique adjustments, this shall constitute a prima facie breach of security and of these Terms and Conditions.
Use of Information
You agree to treat all information obtained from the Service, including Red Business Materials, listings, member directory, historical transaction information (“Property Comps”), and any information otherwise made available to You in the Service (individually and collectively, the “Content”) as proprietary to Red Business. You agree that Content reserved for Members will be maintained as confidential and shall be protected as a trade secret of Red Business. Red Business does not ensure the accuracy of, endorse or recommend any Content and You use such Content at Your own risk. You may view, access, or otherwise use the Content solely to obtain initial information from which further evaluation and investigation may commence.
Email addresses that a Member uploads to Marketing Tools are for Member’s use only; Red Business agrees not to use a Member’s Marketing Tools contact list.
You shall limit access to, viewing of, and use of active property listings and broker directory information to personal and internal use, and shall not use any information obtained from the Service for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. You shall not use or reproduce any Content that is obtained from the Service, or that is otherwise made available to You in the Service, for or in connection with any other listing service or device. You further shall not use the Service in any other manner for or in connection with any other listing service or device. You shall not use the Red Business Service as part of any effort to compete with Red Business, including without limitation using the Red Business Service to provide, alone or in combination with any other product or service, any database services to any third party or any use that causes a reduction or loss from an existing or potential Red Business customer, nor shall You remove, erase, or tamper with any copyright or other proprietary notice printed or stamped on, affixed to, or encoded or recorded in the Red Business Service. You shall not use any robot, spider or other automated process to submit listings, monitor, data mine or copy Red Business products, services or information; decompile, decode or reverse engineer Red Business software; or use Red Business products or services in an unlawful manner, such as for offensive, abusive, tortious, libelous, defamatory or other illegal purposes.
Members and Customers are required to maintain the confidentiality of all logins and passwords. You are responsible for the activities that occur under your account, login or password. Red Business is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your account, login information or password and/or failure to comply with the terms and conditions set forth in the Membership Privileges, Use of Information or Ownership and License Grant sections of these binding Terms and Conditions that relate to confidentiality of account, login or password information.
Nature of Customer’s Business
If a Member or an affiliate of Member owns properties and intends to market them directly via the public Red Business marketplace, ProspectList or LoopLink, such Member represents to Red Business that it either (a) markets, using its own facilities, more than 2/3 of those properties which it owns and controls, or (b) markets properties for third parties where such third-party brokerage services account for more than twenty percent (20%) of the total revenues of the entity.
Customer agrees to pay for all products ordered through the Red Business website or via the Red Business sales team using the payment method indicated, and provides Red Business express authorization to charge said fees to the Customer’s payment provider at time of purchase or renewal. Fees owed depend on the specific type and quantity of Red Business products, services, information, or deliverables (collectively “Deliverables”) ordered. Payment of fees shall not be contingent on any events other than the delivery of the ordered Deliverables. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by Customer. If payment is not current, Red Business may immediately cease to provide any and all Deliverables to the Customer. The fees do not include sales, use, excise or any other taxes or fees now or hereafter imposed by any governmental authority with respect to the Deliverables. At Red Business’s option, Customer shall pay such taxes or fees directly or pay to Red Business any such taxes or fees immediately upon invoicing by Red Business. Red Business is required to collect sales tax on purchases in select states. Recurring charges will include sales tax in accordance with applicable laws of your state. Customer loyalty or product bundle discounts are subject to cancellation. For yearly subscriptions, Red Business may increase subscription prices annually, on the anniversary of the subscription’s start date, by a percentage equal to the percentage increase in the Consumer Price Index for All Urban Consumers, Seasonally Adjusted, US City Average. To view your billing information, visit My Account. Monthly subscriptions will automatically renew using the Customer’s current credit card account number unless Customer or Red Business cancels the subscription three (3) days prior to the renewal date. Customer cancellations should be made online via the “My Account” tab, once Customer has logged into www.Red Business.com. The fees paid for monthly subscriptions are non-refundable, regardless of whether the subscription is terminated prior to the end of the then-current monthly billing period. No partial month refunds will be provided. Except as otherwise provided herein, all other member subscriptions, including quarterly and annual commitment subscriptions, will automatically renew for additional terms equaling the original term unless Customer or Red Business provides three (3) days’ advance written notice of non-renewal. Quarterly and annual commitment subscriptions may be canceled as of the end of term only; no mid-term cancellations will be permitted. All cancellation and non-renewal requests by Customer will be processed within five (5) business days. Once the cancellation is processed, a confirmation email will be sent via the Customer’s email account on record with Red Business.
Gold, Platinum and Diamond Power Ad subscriptions may be purchased for 3-month, 6-month or 12-month initial terms. After the initial term, the Listing Tier will automatically renew for one month terms unless Customer or Red Business cancels the subscription three (3) days prior to the end of the then-current term. A minimum 3 month term is required for all Power Ads. If Listing is moved off market or upgraded to a higher exposure tier by a listing contact, billing for that listing will automatically terminate end of month in which the Listing was moved except Power Ads within the first three months of term, which all billing shall automatically terminate end of initial 3-month term Power Ad exposure applies to the Listing ID upgraded; swaps are prohibited. Cancellations are effective at the end of the then-current term; no partial month refunds will be provided.
If Customer has a question about a cancellation, Customer should contact Red Business Client Services at Help@Red Business.com or at 888-567-7442. The Company reserves the right to change its fees or billing methods at any time. The Company will provide timely notice to the affected Customers of any such changes.
It is the Customer’s responsibility to promptly provide the Company with any contact or billing information changes or updates (including phone number, email address, credit card numbers, etc.). Account updates should be made online via the “My Account” tab, once Customer has logged into www.Red Business.com. Red Business does not validate all credit card information required by the Customer’s payment provider to secure payment.
The Customer must notify Red Business about any billing problems or discrepancies within 90 days after charges first appear on their Account statement. If it is not brought to Red Business’s attention within 90 days, Customer agrees to waive their right to dispute such problems or discrepancies. Red Business reserves the right to discontinue the provision of all or any portion of the Deliverables, in which case (i) Customer shall only be responsible for paying fees associated with that portion of the Deliverables (if any) that continue to be provided after the effective date of such termination, and (ii) Red Business shall refund any fees (if any) paid by Customer for provision of the discontinued Deliverables after the effective date of such termination.
Red Business offers a paid subscription product for those Customers who primarily utilize the Service to actively list and market commercial properties available for sale and/or for lease (“Premium Lister” or “Premium Lister subscription” or “Premium Subscription”)A Customer who purchases a Premium Lister subscription is a “Premium Customer.” Premium Subscription privileges are granted by Red Business to individuals exclusively and extend solely to the subscribing Premium Customer. Premium Subscription rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the subscribing Premium Customer. Moreover, a Premium Customer may not use a Premium Subscription for the benefit of any other broker, appraiser, researcher, analyst, sales person or similar commercial real estate professional, including without limitation those working for the same company or at the same place of business. A Premium Customer is prohibited from using Premium Lister to list properties on behalf of, or for the benefit of, other brokers or commercial real estate professionals working for the same company or at the same office. Such Customer of a Premium Lister subscription is permitted to list solely those listings for which he or she is the listing broker. Premium Subscription privileges are subject to change from time to time and may be subject to property listing, property searching, and member directory searching limitations. Under Premium Lister subscription, one (1) through ten (10) Premium Listing plans are available for purchase online; higher Premium Listing plans are available for purchase by calling (855) 858-3782. Any listing on which the Primary Contact is a Premium Lister and is within its plan will receive Premium exposure; listings above plan will receive exposure on the Company’s www.costar.com site. Customer acknowledges that Red Business (in addition to its other remedies) can cancel, not renew, and/or prohibit Premium Subscription privileges to any individual, organization, or group that does not abide by the terms and conditions set forth herein and/or can refuse any or all membership privileges. Red Business also has the right to refuse service to any Customer or company that has delinquent charges that remain unpaid and to impose additional charges to reactivate Premium Subscription or other membership privileges. Premium Subscriptions continue to renew at the prevailing level regardless of Customer’s listing activity on Red Business.com. Premium Subscriptions will automatically renew to the credit card number provided for initial payment unless the Customer cancels their subscription on the Red Business Website prior to the renewal date to cancel such subscription. The Company reserves the right to change its fees, payment frequency, or billing methods at any time. The Company will provide timely notice of any such changes.
After adding a listing at the Standard exposure level, there will be an option to change current membership level to a Premium Lister with a Premium Listing plan which will provide Premium exposure for the listing. For all plan changes submitted online, the Customer will be charged a prorated change plan fee for the remaining days in current billing cycle, and Customer’s subscription rate will be adjusted commencing with the next bill date. If Customer was above its plan, Service will upgrade the most recently created Standard Listings to Premium until Customer is within its plan. Premium Members may change current membership level to a lower Premium Listing plan by clicking to “Change Plan” under “My Account”. Membership change will take effect end of term for Premium Members in a quarterly or annual commitment. Once effective, service will downgrade the earliest created Premium Listing to a Standard Listing until Customer is within plan or there are no additional listings to downgrade. Prepaid fees will be refunded based on the number of months remaining on the contract period, beginning with the month following receipt of online request submission to change membership level, but may be subject to adjustment according to current monthly product pricing and subject to adjustment for any incentives or discounts provided for said prepayment. No partial month refunds will be provided. The company reserves the right to deactivate complimentary subscriptions granted to Premium Members if there is no search activity for the previous ninety (90) days.
Campaigns are available for purchase by Members for member advertising (Premium status not required) by contacting Red Business Advertising Sales at (888) 207-9234. Searchers who click the advertisement can be directed to a lead form. Leads will be available for each campaign by clicking the ‘Leads’ link, accessible via ‘My Ads’. Pricing for each campaign will be determined by the number of available impressions (or views) advertiser desires for a given set of campaign targeting options, including property type, search type (for sale/for lease), and location (zip code). The number of impressions is calculated on the purchase date and remains guaranteed (up to the impression cap provided at campaign purchase) throughout commitment term. Advertising client (“Client”) acknowledges that the average views per month on Red Business.com varies, therefore the number of views for a campaign will vary month to month. Campaigns are sold on a quarterly or annual commitment, billed to a credit card on a monthly billing frequency. Monthly invoicing is available when a minimum campaign value is met. All campaigns auto-renew for additional terms, equal to initial term, if price remains within ten percent (10%) of original campaign purchase price. If at renewal, market demand has increased the campaign price more than ten percent (10%), Client will be notified via email that the campaign has expired and Client will need to authorize campaign continuation at current market price. At any time, Client may request to cancel the campaign by calling Red Business Advertising Sales at (888) 207-9234. Cancellation requests must be submitted three (3) days prior to the last day of the current campaign to effectively cancel the campaign at the end of term and avoid renewal. All cancellations are effective at end of the initial or renewal term and monthly billing will continue for the full commitment. There are no refunds or early terminations. There are five status phases to an advertising campaign:
- Draft Phase – The campaign is reserved but the creative is not live. Billing commences at this time and continues until the campaign is canceled at the end of any campaign term.
- Active Phase – Ad is published by Client
- Paused Phase – Advertisement is paused by Client after Client contacts a Red Business Advertising Representative. Monthly billing continues for full commitment period, with no refund or additional impressions due, for reserved inventory that in the Paused Phase.
- Suspended Phase – Client suspends advertisement so it is not live on Red Business, but billing for full commitment period will continue with no refund due.
- Expired Phase – Campaign is complete and client has validly submitted a cancellation request to be effective at the end of the initial or any renewal term. At this time, the advertisement is not active, and monthly billing has stopped.
An advertisement creative can be updated online or by calling Red Business Advertisement Representative, and may take up to 24 hours to appear on Red Business.com. Any update or change to the ad once campaign has begun will require a new advertisement campaign for such updated ad. All previous campaigns will continue until valid cancellation notice is submitted and the campaign ends at the end of the term.
Unsolicited Commercial Email (Spam)
Red Business prohibits the use of our system or its tools to generate or send unsolicited commercial email (spam). You may not use the Contact Listing Broker, Send to Friend service, Pro Tools, or other email services that Red Business offers to send spam (i.e. unsolicited commercial email) or otherwise send content that would violate these Terms and Conditions. By using Pro Tools, You agree to send email only to those who have given You consent or with whom You have an established business relationship. Red Business has the right to revoke the privileges of any party who breaches these terms.
Red Business reserves the right to terminate or suspend a Customer’s account upon a good faith determination of a violation of these binding Terms and Conditions or any material provision of another agreement between the parties or their affiliates. Cause for termination includes, but is not limited to, breaches or violations of the Terms and Conditions, requests by law enforcement, fraudulent or illegal activity by you, discontinuance or material modification of Red Business services, nonpayment of fees owed by you in connection with Red Business or its affiliates’ services, account inactivity or technical or security issues. Upon termination, Red Business shall have no obligation to maintain or forward any content in your account.
Ownership and License Grant
Red Business retains all rights (including Intellectual Property Rights as defined below), title and interest in the Service, the Red Business Website, Red Business Materials, ProspectList technology and brochures, Email Alert database, LoopLink technology, and all underlying technology and data including any enhancements and improvements thereto as a result of providing the Deliverables hereunder. You will not and will not allow others to: reverse engineer, decompile, disassemble, merge, copy, use, disclose, sell or transfer the underlying source code or structure or sequence of Red Business’s technology or delete or alter author attributes or copyright notices. You shall use the Red Business system solely for Your own individual use and shall not share passwords with others or allow others to use the Red Business system under or through that Your login ID/email and password; nor shall any Member use the Red Business system to list properties or conduct searches on behalf of other non-Member brokerage, research, analyst, sales or other similar personnel.
Intellectual Property Rights means all intellectual property rights (throughout the universe, in all media, now existing or created in the future, for all versions and elements, in all languages, and for the entire duration of such rights) arising under statutory or common law, contract, or otherwise, and whether or not perfected, including without limitation, (a) all rights associated with works of authorship including without limitation copyrights, moral rights, copyright applications, copyright registrations, synchronization rights; (b) rights associated with trademarks, service marks, trade names, logos, trade dress, and the applications for registration and registrations of trademarks and service marks; (c) rights relating to the protection of trade secrets and confidential information; (d) rights analogous to those set forth in this definition and any and all other proprietary rights relating to intangible property; and (e) divisions, continuations, renewals, reissues, and extensions of the foregoing (as and to the extent applicable) now existing, later filed, issued, or acquired.
Limitation of Liability and Indemnification
IN NO EVENT SHALL RED BUSINESS BE LIABLE FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS, INTERRUPTION OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, OTHER INTANGIBLE LOSS, INACCURACIES, ERRORS OR OMISSIONS IN THE INFORMATION, PRODUCTS OR SERVICES PROVIDED, RELIANCE BY THE YOU ON THE COMPLETENESS OR ACCURACY OF INFORMATION, PRODUCTS OR SERVICES, LOSS OF USE OF DATA, LOSS OF DATA, COMPUTER VIRUSES, COMPUTER CORRUPTION, DELETION OR CORRUPTION OF CONTENT OR DATA MAINTAINED OR TRANSMITTED THROUGH THE USE OF RED BUSINESS’S SERVICES, PRIVATE LISTING FUNCTIONALITY OR MEMBER’S FAILURE TO KEEP LOGIN AND/OR PASSWORD SECURE AND CONFIDENTIAL ARISING OUT OF THESE BINDING TERMS AND CONDITIONS. Your exclusive remedy, and Red Business’s entire liability under these Terms and Conditions shall be a refund of the fees paid to Red Business hereunder, and in no event will Red Business’s liability for any reason exceed such fee. Red Business (and its officers, directors, employees and agents) shall not be liable for any damages whatsoever arising from Customer’s use of the Deliverables, and Customer shall indemnify Red Business (and Red Business’s officers, directors, employees and agents), and hold each of them harmless from and against any and all costs, damages or losses by any of them (including, without limitation, reasonable attorneys’ fees) as a result of a claim by any person other than Customer arising from Customer’s use or application of the Deliverables. Some jurisdictions do not allow the exclusion of liability for certain damages. As a result, some of the exclusions above may not apply to you.
THE LISTINGS, SERVICE, PROPERTY COMPS INFORMATION, PROPERTY FACTS INFORMATION, PRO TOOLS AND RED BUSINESS MARKET TREND REPORTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. RED BUSINESS MAKES NO PROMISES, REPRESENTATION OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE LISTINGS, SERVICE, SALES COMP INFORMATION, PROPERTY FACTS INFORMATION, OR RED BUSINESS MARKET TREND REPORTS, INCLUDING THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND RED BUSINESS SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, QUIET ENJOYMENT, WORKMANLIKE EFFORT, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES RELATING TO ENCUMBERANCES OR LIENS, AND, UNDER THE LAW OF THE UNITED STATES, THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES. RED BUSINESS MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES THAT ACCESS TO RED BUSINESS’S SERVICES WILL BE UNINTERRUPTED OR SECURE. ANY MATERIAL DOWNLOADED FROM RED BUSINESS’S WEBSITE, INCLUDING LISTINGS, SERVICE, PROPERTY COMPS INFORMATION, PROPERTY FACTS INFORMATION, PRO TOOLS AND RED BUSINESS MARKET TREND REPORTS IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WAIVE ALL CLAIMS AND CAUSES OF ACTION RELATING TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE OR LOSS OR CORRUPTION OF DATA THAT RESULTS FROM SUCH DOWNLOADS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM RED BUSINESS OR ITS SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. AS A RESULT, SOME OF THE EXCLUSIONS ABOVE MAY NOT APPLY TO YOU.
Maps and Directions Disclaimer
Links to Third Party Sites
Other Rights of Red Business
You agree that Red Business shall have the right to use Listings and other information submitted to it for any purpose, including without limitation for publication of all or part of such Listing on the Internet. Red Business shall have sole authority to choose the manner in which any Listing will be received, displayed and used by the Service, and reserves the right to remove all or any part of a Listing or refuse Services to anyone at any time in its sole discretion. Red Business shall have no obligation to (i) resolve disputes among Users, Members and/or Customers or (ii) monitor or verify the accuracy or proper use of the Listings. Red Business reserves the right to modify or change any and all terms and conditions at any time. The most current copy of these terms and conditions will be posted and available for review on Red Business’s corporate website, located at http://www.Red Business.com.
Claims of Copyright Infringement
If you believe that your work has been copied onto Red Business in a way that constitutes copyright infringement, please provide Red Business’s registered DMCA agent the written information specified below:
- A description of the copyrighted work that you claim has been infringed;
- Identification of the material you claim is infringing, including a description of where such material is located;
- Your address, telephone number, and e-mail address;
- A signed statement that the information in your notice is accurate, that you have a good-faith belief that the identified use is not authorized by the copyright owner, its agent, or the law; and under penalty of perjury, that that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
Address for Red Businessregistered agent:
CoStar Realty Information, Inc.
Attn: General Counsel
1331 L Street NW
Washington, DC 20005
Phone: (202) 346-6500
We may forward any notice(s) of alleged infringement to the person(s) who provided the allegedly infringing content. Please note that this procedure is exclusively for notifying Red Business that your copyrighted material has been infringed
Brokers and Agents
Any Customer who identifies himself or herself as a broker or agent on the Red Business website member registration form or otherwise purports to be a broker on Red Business’s Find a Broker service hereby represents and warrants that Customer is validly licensed as a broker and is in compliance with applicable broker requirements in all jurisdictions in which Customer is required to be licensed. The Company may, in its sole discretion, but without any obligation to verify the licensure of such individual as a broker or agent, remove from the list of brokers any Customer whom the Company believes is not a licensed broker or agent in any applicable jurisdiction. The Company may, in its sole discretion, terminate the accounts of, and refuse services to, any Customer who repeatedly or knowingly misrepresents its licensed broker or agent status or upon notification by any state agency or similar governmental authority that such Customer is not a licensed broker. Red Business does not and shall not have any obligation to independently verify the licensure of individuals identified as brokers and agents on the website. It is your responsibility to confirm the licensed status of any brokers listed on the Red Business website.
Governing Law; Customer Right to Arbitrate
These binding Terms and Conditions, and the Deliverables provided by Red Business, shall be governed by the laws of the District of Columbia, without reference to conflict of laws principles. You hereby consent to the exclusive jurisdiction and venue of the State and Federal courts of the District of Columbia for the adjudication of any disputes or claims arising out of and/or related to these binding Terms and Conditions. If any provision of these binding Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which shall remain in full force and effect.
This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns. The rights under this Agreement or any license granted hereunder may not be assigned, sublicensed or otherwise transferred by Customer without the prior written consent of Red Business, which retains the right to withhold consent in its sole discretion.
Waiver and Severability
The failure of Red Business to exercise or enforce a legal right or remedy contained in the Terms and Conditions does not constitute a waiver of any such right or remedy. No waiver of any right, term or provision of the Terms and Conditions is deemed a waiver of any other right, term or provision. If a court of competent jurisdiction finds any provision of the Terms and Conditions to be invalid, You agree that the remaining terms and provisions remain in full force and effect.
All notices to Company must be in writing and must be sent registered mail, certified mail, or overnight mail with a return receipt requested to Member Services at Red Business.
Except as provided herein, the terms and conditions of this Agreement constitute the entire agreement between the parties and supersede all previous agreements and understanding, whether oral or written, between the parties hereto with respect to the subject matter of this Agreement.