1. DEFINITIONS. As
used here:
a. "Materials" means source code, code samples, object
code, technical materials, documentation, data, and any other content,
information, technology or services available on the Site.
b. "Site" means the collection of web pages from which
these Terms of Use are linked, or that prompt or require Users
to view or accept these Terms before accessing such pages, as well
as any successor web pages or other technology as may be designated
by the Hosts.
c. "Terms" means these Terms of Use.
d. "Use" and its variants are meant in their broadest
sense, including, but not limited to, the acts of using, accessing,
receiving, browsing, downloading from, and uploading to. A "User" is
a person or entity who Uses the Site.
e. "You" means you personally, as well as any person
or entity on whose behalf you are Using the Site.
2. ACCESS TO THE SITE AND THINGS YOU FIND HERE. This
section refers to the Materials found on the Site, as defined above.
a. Use at Your Own Risk. You
understand that this website may or may not pre-screen Materials,
and You agree to assume all risks in Using them. These risks include,
but are not limited to, errors, viruses, worms, time-limited software
that expires without notice, defamatory or offensive content, and
the possibility that the Materials infringe or misappropriate the
intellectual property rights of others. You agree to assume all
such risks.
b. Copyright Infringement. We are committed to
respecting others' intellectual property rights. If You believe
that Your work has been copied in a way that constitutes copyright
infringement on our Site, please contact our copyright agent by
mail at Rapid Response Concepts Copyright Agent, 10929 Kayla Ct.,
Osceola, IN 46561
3. MISCELLANEOUS.
a. Disclaimer of Warranties. YOUR USE OF THIS
SITE IS AT YOUR SOLE RISK. THE SITE, INCLUDING ALL MATERIALS FOUND
ON IT, IS PROVIDED ON AN "AS IS," "AS AVAILABLE" AND "WITH
ALL FAULTS" BASIS. RAPID RESPONSE CONCEPTS DISCLAIM ALL EXPRESS
AND IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY
KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY,
SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
RAPID RESPONSE CONCEPTS MAKE NO REPRESENTATIONS, WARRANTIES, CONDITIONS
OR GUARANTEES AS TO THE USEFULNESS QUALITY, SUITABILITY, TRUTH,
ACCURACY OR COMPLETENESS OF THE SITE. YOU AGREE TO ASSUME ALL RISK
OF LOSS OR LIABILITY FOR THE USE OF THIS SITE OR ANY MATERIALS
ON IT.
b. Limitation of Liability. TO THE FULLEST EXTENT
PERMITTED BY LAW, RAPID RESPONSE CONCEPTS ARE NOT LIABLE FOR ANY
DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL,
OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS,
REVENUE, PROFITS, GOODWILL, OR OTHER ECONOMIC ADVANTAGE) ARISING
OUT OF OR IN CONNECTION WITH THIS SITE OR MATERIALS, EVEN IF RAPID
RESPONSE CONCEPTS HAVE PREVIOUSLY BEEN ADVISED OF, OR REASONABLY
COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY
ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE
OR GROSS NEGLIGENCE). TO THE EXTENT THAT ANY JURISDICTION DOES
NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR
CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION
MAY NOT APPLY. YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION
AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE
SITE AND WILL NOT MAKE A CLAIM AGAINST RAPID RESPONSE CONCEPTS
FOR LOST DATA, SERVICE INTERRUPTIONS, SYSTEM FAILURES, INACCURATE
OUTPUT, WORK DELAYS OR LOST PROFITS IN CONNECTION WITH THE SITE
OR MATERIALS. YOU AGREE TO HOLD RAPID RESPONSE CONCEPTS HARMLESS
FROM, AND YOU COVENANT NOT TO SUE RAPID RESPONSE CONCEPTS, FOR
ANY CLAIMS IN CONNECTION WITH THE SITE OR ANY MATERIALS, INCLUDING
THIRD PARTY MATERIALS AND SUBMISSIONS.
c. Trademarks. All logos and trademarks contained
on this Site are and remain the property of their respective owners.
No licenses or other rights in or to such logos and/or trademarks
are granted to You by these Terms.
d. Changes to Terms. Rapid Response Concepts
reserve the right to change or update these Terms or to modify
any features of the Site at any time, so Rapid Response Concepts
encourage You to review the Terms periodically before using the
Site or Materials. The most current version of the Terms can be
viewed by clicking on the “Terms of Use” link at the bottom of
any page on the Site. By continuing to Use the Site or Materials
after the posting of any changes to the Terms, You agree to be
bound by such changes. You are also required to comply with all
applicable laws in connection with Your access to and Use of the
Site and Materials, and such further limitations as may be set
forth in any subsequent notice from Hosts. As a condition of Your
access and Use of the Site and Materials, you warrant that You
will not use the Site or Materials for any purpose that is unlawful
or prohibited by the Terms.
e. Governing Law. These Terms are governed by
the laws of the State of Indiana and applicable U.S. Federal law
without regard to choice of law rules or the United Nations Convention
on the International Sale of Goods. With respect to any disputes
relating to these Terms, You agree to submit to the personal jurisdiction
of the U.S. District Court for Indiana, and the state courts of
the State of Indiana for the County of St. Joseph.
f. General. These Terms constitute the entire
agreement between You and Rapid Response Concepts
regarding their
subject matter, and supersede any prior versions. No modification
to the Terms will be binding, unless authorized by Rapid Response
Concepts in writing or as provided in Section 3.d above. Any express
waiver or failure to exercise any right under the Terms will not
create a continuing waiver or any expectation of non-enforcement.
If any provision of the Terms is held invalid by any competent
court, governmental entity or arbitrator, such provision will be
replaced with an enforceable provision that accomplishes the original
business purpose, and the other provisions of the Terms will remain
in full force and effect. Paragraph headings and captions are for
convenience only and are not be to be considered in determining
the meaning or effect of these Terms. Rights and obligations under
these Terms other than provisions that authorize You to Use or
access the Site or Materials will remain in effect after termination
or expiration of this agreement between us. You agree that no joint
venture, partnership, employment, or agency relationship exists
between You and Rapid Response Concepts
as a result of these Terms
or Your access to or Use of the Site and Materials. |
