Last Updated: March 12, 2018
This website, available at www.raddash.com (the “Website”) is owned and provided by Raddash, LLC (“Raddash,” “we,” or “us” ) and your use and access thereof is governed by and subject to the following terms and conditions (“Terms of Use”). BY ACCESSING, BROWSING, OR OTHERWISE USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS OF USE.
United States Only. Unless otherwise specified, the materials in this Website are presented solely for the purpose of promoting services or programs available in the United States. We make no representation that materials in the Website are appropriate or available for use in other locations. If you access the Website from locations other than the United States, you are responsible for compliance with any applicable local laws.
Intellectual Property Ownership. Unless otherwise noted, all text, content and documents on this Website, any names, logos, service marks, and trademarks appearing in this Website, including the trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, and all other intellectual property including the organization, design, compilation, look and feel, illustrations, artwork, videos, music, software or other works or materials of the (“Content”), except as otherwise noted, are owned by Raddash and its affiliates or used with permission or under license from a third party (hereinafter collectively referred to as the “Owner”) and are protected under copyright, trademark and other intellectual property and proprietary rights laws. This includes the entire Content of the Website as a collective work (collectively with the Content, hereinafter referred to as the “Materials”). As between Raddash and you, all right, title and interest in and to the Materials will at all times remain with Raddash and/or its Owners.
Restrictions on Use. The use or misuse of any Materials, except as provided in these Terms of Use, is strictly prohibited. Raddash grants you a non-exclusive, limited, personal, non-transferable, revocable, right and license, without right to sublicense, to access and use the Materials on the following conditions: (a) you may not distribute text or graphics to others without our express written consent, (b) you may not, without our permission, copy and retransmit, disseminate, broadcast or circulate or otherwise distribute this information on any other server, or modify or re-use all or part of the Materials on this system or another system, (c) you may not copy, distribute, modify, transmit, reuse, re-post, or otherwise display the Materials for public or commercial purposes without Raddash’s prior written permission, (d) you agree you will not create derivative works from or commercially exploit the Materials, in whole or in part, in any way, (e) you shall not use the Website, the Materials, and/or any portion thereof, in any manner that may give a false or misleading impression, attribution or statement as to Raddash, the Owner, or any third party referenced therein, or (f) “harvest” or collect information from the Website using an automated software tool or manually or use any automated meant to access the Website. You do not acquire ownership rights to any Materials viewed or accessed through the Website. You shall not alter, remove or obscure any copyright notice, digital watermarks, proprietary legends or any other notice included in any Materials on the Website. Except as expressly provided herein, nothing on the Website shall be construed as conferring any license, whether by estoppel, implication or otherwise. RADDASH MAY REVOKE
ANY OF THE FOREGOING RIGHTS AT ANY TIME AND WITHOUT PRIOR NOTICE, INCLUDING WITHOUT LIMITATION BLOCKING YOUR IP ADDRESS.
Indemnification. You agree to indemnify and hold harmless Raddash and its representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners and co-branders from any claim or demand, including reasonable legal fees, that may be filed by any third party, arising out of your conduct or connection with your use of the Website and/or your violation of these Terms of Use, or any other violation by you of the rights of another person or party.
Disclaimers. Without limiting the foregoing, the Materials, Content and everything on the Website is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND WITH RESPECT TO THE WEBSITE, CONTENT AND/OR THE MATERIALS, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR TITLE AND NON-INFRINGEMENT. SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN RADDASH HEREBY GRANTS THE MINIMUM EXPRESS AND IMPLIED WARRANTIES REQUIRED BY SUCH APPLICABLE LAW. ADDITIONALLY, RADDASH DOES NOT WARRANT THAT THIS WEBSITE OR THE SERVERS MAKING THE WEBSITE AVAILABLE ARE VIRUS FREE. NOR DOES RADDASH WARRANT THAT THE FUNCTIONS CONTAINED IN THESE MATERIALS WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, THAT YOUR USE OF THE SAME WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, AND/OR THAT DEFECTS WILL BE CORRECTED. RADDASH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE WEBSITE, CONTENT, MATERIALS OR ANY PORTION THEREOF, IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, INCLUDING ANY TYPOGRAPHICAL ERRORS, FALSE STATEMENTS OR OMISSIONS THAT MAY BE CONTAINED THEREIN. RADDASH RESERVES THE RIGHT TO ADD TO, CHANGE OR DELETE CONTENT OR MATERIALS WITHIN THE WEBSITE OR ANY PART THEREOF WITHOUT NOTICE.
Limitation of Liability. Your use of the Website is at your risk. Neither Raddash, its affiliates, nor any of their respective officers, directors, agents or other representatives will be liable for any damages, including direct, indirect, incidental, consequential, special, or punitive damages, and including, without limitation, loss of data, income, profit or goodwill, loss of or damage to property and claims of third parties, arising out of your access to or use of the Website or arising out of any action taken in response to or as a result of any Content, materials or other information available on the Website, however caused, whether based on breach of contract, tort (including negligence), proprietary rights infringement, product liability or otherwise. The foregoing shall apply even if Raddash was advised of the possibility of such damages. If you become dissatisfied in any way with this Website or its Terms of Use or Privacy Policy, your sole and exclusive remedy is to stop using this Website and its services. THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE WEBSITE, THE CONTENT AND/OR THE MATERIALS, AND ANY SERVICES OR INFORMATION OFFERED THROUGH THE WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATION AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDY SPECIFIED HEREIN WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. Because some states do not allow the disclaimer of implied warranties or the exclusion or limitation of certain types of damages, these provisions may not apply to you. If any portion of this limitation on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of Raddash and its affiliates shall not exceed one hundred dollars ($100).
Links. This Website may contain links allowing you to leave this Website for other sites that are not under Raddash’s control (“Linked Site”). Raddash provides the linked sites to you only as a convenience and does not endorse any such Linked Sites. We are not responsible for the contents or transmission of any Linked Site or any link contained in a Linked Site or for ensuring that the Linked Sites are error and virus free. Nor are we responsible for the terms of use or privacy practices of such sites. Your linking to any off-site pages or other sites is entirely at your own risk.
Raddash Online Privacy Policy. Our online Privacy Policy here is incorporated herein by reference and forms apart of these Terms of Use. Please read and understand our Privacy Policy before accessing or using the Website.
Choice of Law and Enforcement. Your access to the Website as well as the terms and conditions and the agreement they create are governed and interpreted by the laws of the State of Idaho other than such laws, rules, regulations and case law that would result in the application of the laws of a jurisdiction other than the State of Idaho.
No Framing; Links. Notwithstanding anything herein to the contrary, you agree not to frame the Website or take other action that alters the visual presentation of the Website. You also agree not to link to the Website without prior written approval from Raddash.
Notice. Raddash reserves the right to amend these Terms of Use at any time. Your continued use of the Website following such amendment will signify and be deemed your assent to and acceptance of the revised Terms of Use.
Children Under the Age of 13. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. The safety and privacy of children is very important to us. We are committed to comply with the requirements of all federal and state law, including the Children's Online Privacy Protection Act of 1998 ("COPPA"). For more information about COPPA, please visit the Federal Trade Commission's website at COPPA Website. This Site is not intended for children under the age of 13. Raddash will not knowingly collect personally identifiable information from persons who identify themselves as being under the age of 13 during the registration process.
Miscellaneous. Raddash’s failure to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
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