IMPORTANT—PLEASE READ CAREFULLY: This End User License Agreement is a legal contract between You and NXN Prestige Properties, LLC, (“Licensor”) that covers your use of the “Red Precision App” smart phone and table computer application, which includes software and, as applicable, associated media, databases, printed materials, and “online” or electronic documentation (the “Software“).
BY INSTALLING, COPYING, OR OTHERWISE ACCESING OR USING THE SOFTWARE, YOU OR YOUR COMPANY OR ORGANIZATION AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND THE ADDITIONAL TERMS FOUND ON www.redprecisionapp.com, INCLUDING THE WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY AND TERMINATION PROVISIONS BELOW.
IF YOU DO NOT AGREE TO THE TERMS OF THIS END USER LICENSE AGREEMENT AND/OR THE ADDITIONAL TERMS, DO NOT INSTALL OR USE THE SOFTWARE, AND EXIT NOW. IF YOU HAVE ALREADY DOWNLOADED AND/OR INSTALLED THE SOFTWARE, YOU MUST IMMEDIATELY DELETE IT IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT.
YOU DO NOT ACCEPT THESE TERMS YOU WILL NOT BE GRANTED ACCESS TO USE THE SOFTWARE OR THE LICENSOR WEB SITE (www.redprecisionapp.com, or the “SITE”).
USE OF THE SOFTWARE WITHOUT SIGNIFYING YOUR AGREEMENT TO THESE TERMS IN THE MANNER INDICATED ABOVE IS STRICTLY PROHIBITED.
ADDITIONAL TERMS
ADDITIONAL TERMS ASSOCIATED WITH THIS END-USER LICENSE AGREEMENT ARE FOUND AT: www.redprecisionapp.com/privacy.
This End User License Agreement, together with the Additional Terms, as they might change from time-to-time, shall constitute the entire agreement between You and Licensor (collectively the Agreement).
ESTIMATION PURPOSES ONLY
The Software and the Site, including any measurements, calculations, results, analyses, and related materials (collectively the “Estimates”), are provided for estimation and informational purposes only. The accuracy of the Estimates depends on a number of factors and its results are subject to user error. The results obtained from the Software are not a substitute for actual physical measurements of the subject structure. You assume all risks associated with reliance on the information provided by the Software and its Estimates.
For the Software to function properly on your device, it requires an active internet connection and access to Google Maps and Google Street View (collectively, the “Utilities”). If either of these Utilities is unavailable, the Software may not function at all, may function incorrectly or may produce errors.
You acknowledge that data provided by the Utilities may contain inaccuracies, and that any Estimates that are generated based on erroneous information from the Utilities may be inaccurate.
Additionally, You agree to release the Licensor from any liability for errors in Estimates that are a result of incorrect data provided by the Utilities.
You agree to accept full responsibility for any inaccuracies in Estimates caused by your improper use of the Software or the Utilities.
DISCLAIMER OF WARRANTIES
THE SOFTWARE AND THE SITE ARE COPYRIGHTED AND LICENSED (NOT SOLD). THIS AGREEMENT REPRESENTS THE ENTIRE AGREEMENT CONCERNING THE SOFTWARE BETWEEN YOU AND LICENSOR, AND IT SUPERSEDES ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING BETWEEN THE PARTIES.
THE SOFTWARE IS LICENSED “WHERE IS” AND “AS IS,” AND LICENSOR DISCLAIMS ANY AND ALL WARRANTIES TO THE EXTENT PERMITTED BY LAW, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, OR CORRECTNESS OF THE SOFTWARE, AND OF ANY RESULTS PROVIDED BY THE SOFTWARE.
TO THE EXTENT PERMITTED BY LAW, LICENSOR DISCLAIMS, AMONG OTHERS, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES ARISING FORM COURSE OF DEALING OR USAGE OF TRADE.
YOU ACKNOWLEDGE THAT THERE ARE RISKS INHERENT IN THE USE OF THE SOFTWARE, HARDWARE AND INTERNET THAT MAY RESULT IN INTERRUPTIONS OR ERRORS IN THE SERVICE, LOSS OF PRIVACY, CONFIDENTIALITY, INFORMATION OR PROPERTY, AS WELL AS OTHER LOSSES, DAMAGES OR ADVERSE OCCURRENCES, REGARDLESS OF THE MEASURES TAKEN TO AVOID SUCH OCCURRENCES.
LICENSOR’S WARRANTIES DO NOT INCLUDE ANY WARRANTY:
(A) THAT THE FUNCTIONS PERFORMED BY THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR WILL OPERATE IN THE COMBINATIONS THAT MAY BE SELECTED FOR USE BY YOU, NOR
(B) THAT THE OPERATION OF THE SOFTWARE WILL BE ERROR FREE IN ALL CIRCUMSTANCES, NOR
(C) THAT ALL DEFECTS IN THE SOFTWARE THAT ARE NOT MATERIAL WITH RESPECT TO THE FUNCTIONALITY THEREOF AS SET FORTH IN THE DOCUMENTATION WILL BE CORRECTED, NOR
(D) THAT THE OPERATION OF THE SOFTWARE WILL NOT BE INTERRUPTED FOR SHORT PERIODS OF TIME BY REASON OF DEFECT THEREIN, BY REASON OF FAULT ON THE PART OF LICENSOR, OR BY PROBLEMS WITH INTERNET CONNECTIVITY.
IN NO EVENT WILL LICENSOR BE LIABLE TO YOU OR ANY THIRD PARTY IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, INACCURATE OR INCOMPLETE RESULTS, LOST PROFITS OR DAMAGES EXTENDING FROM THE LOSS OR CORRUPTION OF DATA, AND CLAIMS RELATED TO RESULTS, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
MAXIMUM AGGREGATE LIABILITY
INDEPENDENT OF, SEVERABLE FROM, AND TO BE ENFORCED INDEPENDENTLY OF ANY OTHER ENFORCEABLE OR UNENFORCEABLE PROVISION OF THIS AGREEMENT, IN NO EVENT SHALL LICENSOR’S AGGREGATE LIABILITY TO YOU (INCLUDING LIABILITY TO ANY PERSON OR PERSONS WHOSE CLAIM OR CLAIMS ARE BASED ON OR DERIVED FROM A RIGHT OR RIGHTS CLAIMED BY YOU), WITH RESPECT TO ANY AND ALL CLAIMS AT ANY AND ALL TIMES ARISING FROM OR RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT, IN CONTRACT, TORT, OR OTHERWISE, EXCEED $3000 (THREE THOUSAND DOLLARS), PLUS INTEREST AS PROVIDED HEREIN, COMPUTED AS OF THE DATE OF ANY FINAL JUDGMENT AGAINST LICENSOR.
INTENTIONAL RISK ALLOCATION
LICENSOR and You each acknowledges that the provisions of this Agreement were negotiated to reflect an informed, voluntary allocation between them of all risks (both known and unknown) associated with the transactions associated with this Agreement. The warranty disclaimers and limitations in this Agreement are intended to limit the circumstances of liability. The remedy limitations, and the limitations of liability, are separately intended to limit the forms of relief available to the Parties.
LICENSE GRANT
Licensor hereby grants to You upon payment of any registration and monthly usage fees, and You accept, a nonexclusive and nontransferable personal license to use the Software according to the terms set out herein (“Software License”). The license granted extends only to use of the Software in connection with services offered by Licensor. All other uses are strictly prohibited.
The Software may only be used by You personally. Use by an individual other than yourself is not permitted without separate authorization from Licensor.
Licensor reserves the right to refuse service, terminate accounts, remove or edit content, or cancel logins in its sole and absolute discretion.
MODIFICATIONS TO THE SOFTWARE
During the Term, any improvements or modifications made by Licensor to the Software will be promptly provided to You and will automatically be included in this Agreement. All such improvements, including all inventions, improvements, modifications, enhancements, derivatives, compositions, discoveries, designs, drawings, data, and information which are developed, discovered, invented, authored or first reduced to practice by Licensor, alone or jointly with You, shall be the exclusive property of, and be owned by, Licensor.
NO OTHER RIGHTS GRANTED
Apart from the License Grant in this Agreement, Licensor does not include a grant to You of any other right with respect to the Software, nor any ownership right, title, or interest, nor any security interest or other interest, in any intellectual property rights relating to the Software nor in any copy of any part of the Software.
PHONE CHARGES
Telephone connection and data charges are not included with this Agreement or the Software License and You are solely responsible for same. In order to use the Software you will be required to provide an Internet connection. The connectivity and hardware required to execute the Software are your responsibility to acquire and pay for. You understand that use of the Software may incur communication charges in addition to the cost of the License and such are your sole responsibility.
LICENSOR’S RIGHTS
You acknowledge and agree that the Software is the proprietary property of Licensor and is protected under copyright and / or patent law both in the U.S. and in countries foreign thereto. You further acknowledge and agree that all right, title, and interest in and to the Software, including all intellectual property rights associated therewith and improvements to the Software made by Licensor during the Term, are and shall remain with Licensor. This Agreement does not convey to You an interest in or to the Software, but only a limited right of use revocable in accordance with the terms of this Agreement.
YOUR ACCOUNT
You may be given a login account and/or password that grants You access to the Software and/or additional features accessible through the Site (Your Account”). You are responsible for maintaining the confidentiality of your Account and password. You may not transfer this Account or the Software License granted hereunder to a third party without prior written consent of Licensor. You agree to accept full responsibility for all activities that occur under your Account or password. Licensor reserves the right to refuse service, terminate accounts, remove or edit content, in its sole discretion.
You represent and warrant that all of the information provided during registration and maintained in your Account is true, complete, and accurate. You agree to promptly update your Account information to reflect any changes. Failure to provide accurate or updated information may result in the suspension or termination of your Account.
DATA RETENTION POLICY
Data and information that You enter using the Software (“Data”) will be stored on the Licensor’s server during the Term of this Agreement. The Data will be available to you via the Software as long as Your monthly license fee is paid. At the termination of this Agreement for any reason, Licensor will maintain the Data on its servers for a period of six months after the effective date of such termination, after which time it will be permanently deleted. At any time before the expiration of six months after termination of this Agreement, You may recover access to the Data by bringing Your account current and paying all of the past monthly fees that have accrued since termination. For avoidance of doubt, if the January license fee is not paid and You wish to regain access to the Data in March, it will be necessary to pay the January, February, and March monthly fees in order to bring your account up to date and regain access to the Data.
RESTRICTIONS
You agree that any You may not:
• Lease, sell, copy, sublicense, rent, transfer, or assign your rights under this Agreement or any information, intellectual property, goods, or services provided on the Site;
• Use the Software for the direct benefit of, or for purpose of rendering services to, any third-party business entities or organization;
• Use the Software or the Site for any illegal purpose;
• Gain unauthorized access to the Licensor’s data or the data of other users;
• Alter, modify, adapt, translate, reverse engineer, decompile, disassemble, create derivative works or hack the Licensor’s site, the Software or its intellectual property;
• Alter or modify another website to falsely imply that it is associated with the Licensor’s website;
• Use or export Licensor’s information, products, or services in violation of U. S. export laws and regulations;
• Violate a third party’s legal rights or any laws (in the user’s jurisdiction;\
• Use the Site or the Licensor’s services to transmit content that could be deemed unlawful, threatening, harassing, racist, abusive, libelous, pornographic, vulgar, defamatory, obscene, indecent, or otherwise inappropriate, including any messages constituting or encouraging criminal conduct;
• Breach, or attempt to breach, the Site’s security systems;
• Enable or encourage third parties to violate these terms of use; and
• Fail to ensure that all end users of the site and the Software are at least 18 years of age or older.
You further agree that You will not assist others in doing any of the foregoing.
AMENDMENTS TO THE AGREEMENT
Licensor may amend this Agreement at any time by posting the amended terms on the Site at www.redprecisionapp.com. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. Additionally, we will endeavor to notify You of any such change using the contact information that You provided to us when You register on the site.
This Agreement may not be otherwise amended except in a writing signed by You and Licensor. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Disclaimers, Release, Liability, Indemnity, Restrictions, Dispute Resolution, and Proprietary Information.
ADDITIONAL TERMS
TERM
This Agreement is effective upon your acceptance of its terms and conditions and your successful activation of the Software. It is also subject to timely payment of any charges associated with use of the Software. The Software license granted herein will continue so long as the license fee is paid monthly until terminated (the “Term”). Either party may terminate this Agreement at any time upon thirty (30) days advance written notice to the other party. Licensor may immediately terminate this Agreement with or without notice to You at any time and for any reason. No refunds will be issued for partial months of service.
DISPUTE RESOLUTION
This Agreement shall be governed in all respects by the laws of the State of Oklahoma as they apply to agreements entered into and to be performed entirely within Oklahoma between Oklahoma residents, without regard to conflict of law provisions. You agree that any claim or dispute You may have against Licensor must be resolved by a court located in Oklahoma City, Oklahoma, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within Oklahoma City, Oklahoma, for the purpose of litigating all such claims or disputes.
NO AGENCY
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
LIMITATION OF LIABILITY
Licensor’s cumulative liability to You or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement or the Software shall not exceed the license fee paid to Licensor for the use of the Software and Site, if any.
Under no circumstances shall Licensor be responsible for user error including, but not limited to, erroneous data input, misuse of the Software or Site, incorrect interpretation of data or missing data. Licensor shall additionally not be responsible for errors in the transmission or storage of your data that are beyond its control or supervision.
PRIVACY POLICY
Additional information related to the Licensor’s privacy policies may be found on the web page; https://www.redprecisionapp.com/privacy/, the disclosure of which is incorporated herein by reference as if fully set out at this point.
When You create a login as a prerequisite to using the Software and the Site, Licensor will ask You to provide certain personal information which will be stored and retained by Licensor. Additionally, certain information and data that is obtained before and/or during use of the the Software may be transmitted to Licensor and stored. All information and data collected by Licensor is owned and used by Licensor and Licensor reserves the right to use the information and data for any internal purpose.
Information that is collected in aggregate is information that is not tied to any particular user. This sort of information is primarily used for internal purposes in evaluating and improving the effectiveness of the Software and the databases it utilizes. Licensor may, at its sole discretion, share this aggregate information with third parties.
Licensor uses the information that You provide for purposes such as responding to your requests, improving our products, helping us serve you better, and communicating with you.
Licensor will not share your personal information with any third party without your prior permission, except in response to an order from a court of competent jurisdiction or in similar circumstances. Licensor may use your e-mail and physical addresses to send information to you that we think might be of interest to you.
As an exception to the foregoing, in the event Licensor undergoes a business transaction such as a merger, acquisition by another company, or sale of all or a portion of Licensor’s assets, your Personal Information may be among the assets transferred. You acknowledge and consent that such transfers may occur and are permitted by this Privacy Policy, and that any acquirer of Licensor’s assets may continue to process and/or use Your personal information as set forth in this Privacy Policy. If Licensor’s information practices change at any time in the future, Licensor will post the policy changes to the Site so that You may opt out of the new practices. It is suggested that you check the Site periodically if you are concerned about how Your information is used.
Licensor does not knowingly collect or solicit personal information from anyone who is legally considered a minor child, including anyone who is under the age of 13 and does not knowingly allow such persons to register for access to the Software. If You are a minor, please do not attempt to register for the Site or send any information about yourself to Licensor, including your name, address, telephone number, or email address. No one who is a minor is permitted to provide personal information to Licensor or submit it via the Site. In the event that Licensor learns that personal information has been collected from a child without previous verification of parental consent, that information will be deleted as quickly as possible. If You believe that such information might in the possession of Licensor, please contact us at contact@redprecisionapp.com with the email subject line “MINOR PERSONAL INFORMATION”.
If you have additional questions about Licensor’s privacy policy, refer to www.redprecisionapp.com/privacypolicy and/or contact Licensor directly.
Any complaints, concerns, or questions with regards to the content, interpretation, or breach of the terms of this Privacy Policy should be immediately directed to contact@redprecisionapp.com with the email subject “PRIVACY POLICY CONCERN”. We will make every effort to respond to your question within 48 (forty-eight) hours.
Licensor will make a best commercial efforts to respond to emails to contact@redprecisionapp.com within 48 hours of receipt.
PROPRIETARY INFORMATION
The Software and all information and materials related thereto constitute proprietary information and trade secrets of Licensor. You shall use your commercial best efforts to ensure the confidentiality of the Software and all related materials and information supplied by Licensor.
You warrant that You will not disclose, use, modify, copy, or reproduce the Software or any of the information or materials supplied by Licensor except in accordance with this Agreement or after first obtaining the written permission of Licensor.
You specifically agree to prevent your employees, agents, attorneys and representatives, if any, from disclosing such proprietary information and shall hold Licensor harmless and protect and indemnify Licensor in the event of any disclosure by such persons.
The non-disclosure provisions of this section shall continue beyond the term of the contract and shall be binding and enforceable even after termination of this Agreement.
INDEMNITY
You will indemnify and hold Licensor (including its officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party using the Software.
In the event any infringement claim, action or allegation is brought or threatened against Licensor, we may, at our sole option and expense: (i) procure for you the right to continue use of the Software or infringing part thereof; (ii) modify or amend the Software or infringing part thereof, or replace the Software or infringing part thereof with similar functionality; or (iii) if neither of the preceding is commercially practicable terminate the Agreement and the licenses granted herein.
TRADEMARKS
Red PrecisionTM and additional trademarks that may be identified at www.redprecisionapp.com are trademarks of Licensor. All rights reserved. No right, license, or interest to such trademarks are granted hereunder, and You agree that no such right, license, or interest shall be asserted by You with respect to such trademarks.
GOVERNING LAW
This Agreement shall be construed and governed in accordance with the laws of the State of Oklahoma, without regard to the choice of law provisions of that state, and all actions, regardless of the form or nature of such, to enforce this license or for the breach of same shall be brought within on (1) year from the occurrence of the grounds for such action in either state or federal court in Oklahoma City, Oklahoma.
COSTS OF LITIGATION
If any action is brought by either party to this Agreement against the other party regarding the subject matter hereof, the prevailing party shall be entitled to recover, in addition to any other relief granted, reasonable attorney fees and expenses of litigation.
SEVERABILITY
Should any term of this Agreement be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof.
NO WAIVER
The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
It is specifically agreed that the breach of this Agreement, and in particular the section concerning non-disclosure of proprietary information, will result in irreparable injury and the party who claims such a breach shall be entitled to specific performance and injunctive relief to correct and enjoin such breach in addition to all other remedies which might be available.
Last updated April 2, 2025
