RAIR TECHNOLOGIES, LLC, its subsidiaries and affiliates (“RAIR”) require that all visitors to our site(s) on the World Wide Web (the “Site”) adhere to the following TERMS OF USE. By accessing the Site you indicate your acknowledgment and acceptance of these terms OF USE. IF YOU DO NOT AGREE TO THE TERMS OF USE, DO NOT USE THIS SITE OR ANY OF THE SERVICES PROVIDED. BY USING THE SITE IN ANY MANNER, INCLUDING BUT NOT LIMITED TO BROWSING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS OF USE AND THE PRIVACY STATEMENT.
1. Laws and Regulations
User access to and use of the Site is subject to all applicable international, federal, state and local laws and regulations.
2. Use of this Site
RAIR hereby grants you permission to use the Site as set forth in the Terms of Use (“Agreement”), provided that: (i) your use of the Site as permitted is solely for your use; (ii) you will not copy or otherwise distribute any part of the Site in any medium whatsoever without RAIR’s prior written authorization; (iii) you will not alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose; (iv) you will comply with the laws of the United States and foreign countries regarding the use of the material on the Site; and (v) you will otherwise comply with the terms and conditions of this Agreement.
You may not use any “deep-link,” “page-scrape,” “robot,” “spider,” “offline readers,” or any equivalent manual process, to access or monitor any portion of the Site, or in any way reproduce or circumvent the structure or presentation of the Site to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site.
3. Intellectual Property
Unless otherwise indicated, the contents of this Site are the property of RAIR and are protected, without limitation, pursuant to U.S. and foreign intellectual property laws. No material from RAIR or this Site may be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of RAIR’s intellectual property rights. For purposes of this Agreement, the use of any such material on any other website or computer environment is prohibited without the express written consent of RAIR. The content on the Site, including without limitation, trademarks, copyrights, text, software, graphics, photos, music, sounds, videos, photos, text, lyrics and the like (“Content”), are owned by or licensed to RAIR and subject to copyright, trademark and other intellectual property laws of the United States and foreign countries. The Content on the Site is provided to you “AS IS” and “AS AVAILABLE” for your use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of RAIR. RAIR reserves all rights not expressly granted in and to the Site and the Content.
4. Submissions
In connection with any submission you make to RAIR (“Submission”), you represent and warrant that you:
- Have the right to enter into this Agreement.
- Will not submit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law.
- Will not submit multiple messages by the same user restating the same point.
- Will not submit chain letters of any kind.
- Will not submit materials with computer viruses and/or any type of code that could potentially disrupt the operation of this Site.
- Will not submit false, inaccurate or misleading information.
- Are eighteen (18) years old or older.
RAIR assumes no liability relating to any such Submissions.
5. Copyright Infringement Notification
RAIR does not endorse or permit copyright infringing activities or any other infringement of intellectual property rights on its Site. RAIR will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. RAIR reserves the right to remove any Content without prior notice. RAIR also reserves the right to decide whether any Content is appropriate and complies with this Agreement. RAIR may remove any Content and/or terminate a user’s access to the Site at any time, without prior notice and at its sole discretion.
If you are a copyright owner or an agent thereof and believe that any Content or other information infringes upon your copyrights, you may submit a notification by providing our Copyright Agent with the following information in writing: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. RAIR’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, Stephanie Wagner, swagner@rair.com.
6. Disclaimer
THIS SITE, INCLUDING ANY CONTENT OR OTHER INFORMATION CONTAINED WITHIN OR PROVIDED THROUGH IT, IS PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND THE INFORMATION RECEIVED THROUGH IT. FURTHER, RAIR MAKES NO REPRESENTATIONS WHATSOEVER ABOUT OTHER WEBSITES WHICH YOU MAY ACCESS THROUGH THIS SITE. RAIR further doES not warrant the quality, validity, accuracy or completeness of the Content or that the functions contained on the SITE will be uninterrupted or error-free, or that defects or inaccuracies will be corrected. RAIR may make changes to the SITE at any time without notice. The Materials may be out of date, and RAIR makeS no commitment to update the Materials at this SITE or to make any notification of changes. Information published at this SITE may refer to products, programs or services that are not available.
7. LIMITATION OF LIABILITY
RAIR AND ITS MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS AND ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE OR ANY INFORMATION RECEIVED FROM THE SITE, INCLUDING THE CONTENT OR ANY INFORMATION CONTAINED WITHIN OR THROUGH THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE AND THE INFORMATION OBTAINED THEREIN.
8. Indemnity
You agree to defend, indemnify and hold harmless RAIR, its members, officers, directors, employees and agents, and any contributors to the Site from and against any and all claims, damages, losses, liabilities, cost, and expenses, including but not limited to attorneys’ fees, arising from: (i) your use of the Site; or (ii) your violation of any term of this Agreement. This indemnification obligation will survive the term of this Agreement and your use of the Site.
9. Links to Other Websites
Links to third party websites from this Site may be provided solely as a convenience to you. RAIR may not review all of these sites or their content and has no discretion to alter, update, or control the content on a linked website. Thus, RAIR does not endorse or make any representations about any linked website, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Site, you do so entirely at your own risk.
10. Non-Confidential Materials
RAIR does not want to receive any confidential information from you through this Site. Any Submissions or other information you transmit or post to this Site or send via e-mail to RAIR will be considered non-confidential. RAIR will have no obligations with respect to your Submissions or any information that you send to RAIR. RAIR and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Submissions and all other information that you send to RAIR for any and all commercial or non-commercial purposes.
11. Access to Password Protected/Secure Areas
Access to and use of password protected and/or secure areas of this Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
12. Applicable Law
This Site is controlled and operated by RAIR from Brookfield, Wisconsin, United States of America. Although the Site is accessible worldwide, not all features or services offered through the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. RAIR and this Site make no representation that materials on this Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so at their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. This Agreement will be governed by and construed in accordance with the laws of Wisconsin, without giving effect to any of its principles of conflicts of laws.
13. General
This Agreement represents the entire agreement relating to the use of this Site. RAIR’s failure to enforce any right or provision of this Agreement does not constitute a waiver of that right or provision. RAIR may at any time revise this Agreement by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Agreement to which you are bound. Please review our Privacy Statement, posted on this Site. RAIR may at any time revise its Privacy Statement. RAIR may, in its sole discretion and without prior notice, terminate or suspend your access to all or part of the Site for any reason, including, without limitation, breach of this Agreement. If any provision of this Agreement shall be deemed unenforceable or invalid then that provision shall be deemed severable from the remaining terms and those remaining terms shall be valid and enforceable to the fullest extent permitted by law. For the avoidance of doubt, nothing in these terms shall confer on any third party any benefit or the right to enforce this Agreement. Unless a contrary intention is expressed, nothing in this Site shall be deemed to create a binding contract between RAIR and any users of the Site.
Copyright © 2010 RAIR Technologies, LLC. All rights reserved.
