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Terms and Conditions of Use for Resonant
Technology Partners, LLC WEBSITE
PLEASE READ THESE TERMS OF USE
CAREFULLY BEFORE USING THIS SITE. By
using this Website, you acknowledge and
confirm your consent to these terms and
conditions of use. If you do not
agree to these terms and conditions of
use you must not use this Website.
The RTP Website (hereinafter "Website")
is owned and operated by Resonant
Technology Partners, LLC (hereinafter
"RTP") for your information and
reference. RTP welcomes you to browse
the Website, with the understanding that
your access to, and use of, the Website
is subject to the specific terms and
conditions set forth herein and all
applicable Federal, State and Local laws
and regulations. By accessing and
browsing the Website, you accept,
without limitation or qualification, all
of the terms and conditions set forth
herein. IF YOU ARE USING THE WEBSITE
WITHIN A COMPANY, YOU REPRESENT AND
WARRANT THAT YOU ARE AUTHORIZED TO ENTER
INTO THIS AGREEMENT ON BEHALF OF THE
COMPANY AND YOU ACKNOWLEDGE THAT THE
RIGHTS TO USE THE WEBSITE WHICH ARE
GRANTED TO YOU AND THE COMPANY UNDER
THIS AGREEMENT ARE EXPRESSLY CONDITIONED
UPON ACCEPTANCE BY SUCH AUTHORIZED
PERSONNEL OF THE COMPANY. RTP retains
the unconditional right to at any time
and for any reason modify, delete or add
to these terms and conditions of use,
effective immediately upon notice
thereof, which may be given by any
means, including but not limited to,
posting on the Website a revised version
of these terms and conditions of use. If
any such change is unacceptable to you,
you must immediately discontinue your
use of the Website. You further agree to
periodically review the terms and
conditions set forth herein to be aware
of any such additions or revisions. Your
use of the Website may also be subject
to additional or different terms or
conditions imposed by third party
content providers in connection with
third party content, products or
services accessible through the Website.
RESTRICTIONS ON USE OF MATERIALS
This Website contains material that is
protected, nationally and
internationally, by applicable copyright
and trademark laws. No material may be
copied, reproduced, republished,
uploaded, downloaded, posted,
transmitted, or distributed in any way
or decompiled, except that you may
download one copy only of such material
on any single computer for your personal
or commercial use, provided you keep
intact any and all copyright and other
proprietary notices. Modification of the
materials in any way is strictly
prohibited. The use of any such
materials on any other Website or
networked computer environment is
strictly prohibited without the express
written consent of an authorized
representative of RTP.
If you download any copyrighted or
trademarked information, data or images,
these materials are licensed to you by
RTP or by the applicable third party
developer on a limited, non-exclusive
basis. Neither they nor RTP transfer any
title or ownership interest in the
materials to you. You own the medium on
which the Software is recorded, but the
third party or RTP retain full and
complete title and ownership to the
intellectual property rights therein.
You may not re-sell or distribute the
material in any form or manner.
JURISDICTIONAL ISSUES
Unless otherwise specified herein, the
materials on the Website are presented
solely for promotion and use in the
United States, its territories,
possessions and protectorates. RTP
controls and operates this Website from
San Antonio, Texas and makes no
representations that the materials,
products, services, information, data
and images on the Website are
appropriate or available for use in
other locations or jurisdictions.
Individuals or entities choosing to
access this Website from other locations
do so on their own initiative and are
solely responsible for compliance with
all Federal, State, and Local laws, if
and to the extent these laws are
applicable.
TERMINATION
This Agreement regarding the terms and
conditions of Website use shall remain
in effect until terminated by either
party. This agreement will terminate
immediately without notice from RTP if,
in RTP's sole discretion, you fail to
comply with any term, condition or
provision of this Agreement. Upon
termination of this Agreement, you shall
immediately destroy all materials
obtained from this Website and all
copies thereof, whether made under the
terms of this agreement or otherwise.
Furthermore, you represent and warrant
that you shall not make any further or
additional use of the materials you
obtained from this Website.
DISCLAIMER
Your use and browsing of the Website is
entirely at your own risk. If you are
dissatisfied with any of the products,
services, materials or information
contained or identified on the Website,
your sole and exclusive remedy with
respect to RTP, its officers, directors,
employees, authorized representatives,
subsidiaries, chapters, affiliates and
assigns is to immediately discontinue
accessing and using the Website.
TO THE FULLEST EXTENT PERMISSIBLE
PURSUANT TO APPLICABLE FEDERAL, STATE OR
LOCAL LAW, RTP ,ITS OFFICERS, DIRECTORS,
EMPLOYEES, AUTHORIZED REPRESENTATIVES,
SUBSIDIARIES, CHAPTERS, AFFILIATES AND
ASSIGNS AND/OR ANY OTHER PARTY INVOLVED
IN CREATING, PRODUCING, DELIVERING OR
MODIFYING THE WEBSITE ARE NOT LIABLE FOR
ANY DIRECT, INCIDENTAL, CONSEQUENTIAL,
INDIRECT, OR PUNITIVE DAMAGES ARISING
OUT OF YOUR ACCESS TO, OR USE OF, THE
WEBSITE OR FOR YOUR PURCHASE OR USE OF
ANY THIRD PARTY PRODUCTS OR SERVICES
OFFERED HEREIN. WITHOUT LIMITING THE
FOREGOING, EVERYTHING ON THE WEBSITE IS
OFFERED AND PROVIDED TO YOU "AS IS"
WITHOUT WARRANTY, REPRESENTATION OR
CONDITION OF ANY KIND, EITHER EXPRESSED
OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT.
RTP, ITS OFFICERS, DIRECTORS, EMPLOYEES,
AUTHORIZED REPRESENTATIVES,
SUBSIDIARIES, CHAPTERS, AFFILIATES AND
ASSIGNS assume no responsibility, and
shall not be liable for any damages to,
or viruses or other harmful components
that may infect, your computer equipment
or other property on account of your
access to, use of, or browsing in the
Website or the server that makes it
available, or your downloading of any
materials, information or data from the
Website.
RTP is making available for your review
and examination on the Website
materials, information, products and
content supplied by third parties. Any
opinions, advice, statements, services,
offers or other information or content
expressed or made available by third
parties are those of the respective
authors or distributors and not of RTP,
its officers, directors, employees,
authorized representatives,
subsidiaries, chapters, affiliates and
assigns. Without restricting any of the
foregoing limitations, conditions or
disclaimers, neither RTP nor any third
party provider of information or
products guarantees the accuracy,
completeness, or usefulness of any
materials, information, products,
services or content provided on or
through the Website.
RTP reserves the right to at any time,
without condition or restriction, change
or discontinue any aspect or feature of
the Website, including without
limitation content, hours of
availability, and equipment required for
access or use.
THIRD PARTY SITES
This Website contains links and pointers
to Internet websites maintained by third
parties ("third party sites"). RTP has
not reviewed all of the third party
websites that may be linked to this
Website nor has RTP used all of the
products or services offered by third
parties on this or any other linked
website. RTP, its officers, directors,
employees, authorized representatives,
subsidiaries, chapters, affiliates and
assigns are not responsible or liable
for the contents of or use of any
products or services offered on this or
any other third party website and make
no representations or warranties of any
kind regarding the same.
LIMITATION OF LIABILITY
IN NO EVENT SHALL RTP, ITS OFFICERS,
DIRECTORS, EMPLOYEES, SUBSIDIARIES,
CHAPTERS, AFFILIATES AND ASSIGNS OR ITS
LICENSORS, SUPPLIERS OR ANY OTHER PARTY
INVOLVED IN THE CREATION, PRODUCTION OR
DELIVERY OF THE WEBSITE BE LIABLE FOR
ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT,
RELIANCE, SPECIAL OR PUNITIVE DAMAGES
ARISING OUT OF OR RELATING TO YOUR
ACCESS TO, OR USE OF, OR INABILITY TO
USE THE WEBSITE OR THE MATERIALS
CONTAINED WITHIN THE WEBSITE, OR THIS
AGREEMENT, INCLUDING WITHOUT LIMITATION
DAMAGES FOR HARM TO BUSINESS, LOST
PROFITS, LOST SAVINGS OR LOST REVENUES,
HOWEVER SUCH DAMAGES ARE CAUSED, AND
WHETHER BASED IN CONTRACT, TORT
(INCLUDING NEGLIGENCE) OR ANY OTHER
THEORY OF LIABILITY. THE FOREGOING
LIMITATIONS SHALL APPLY WHETHER OR NOT
RTP, ITS AFFILIATES, CHAPTERS,
SUBSIDIARIES, ASSIGNS, LICENSORS,
SUPPLIERS OR ANY OTHER PARTY INVOLVED IN
THE CREATION, PRODUCTION, MAINTENANCE OR
DELIVERY OF THE WEBSITE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
RTP, ITS OFFICERS, DIRECTORS, EMPLOYEES,
AUTHORIZED REPRESENTATIVES, AFFILIATES,
CHAPTERS, SUBSIDIARIES, ASSIGNS,
LICENSORS, SUPPLIERS AND ALL OTHER
PARTIES INVOLVED WITH THE CREATION,
PRODUCTION OR DELIVERY OF THE WEBSITE
FURTHER SHALL NOT BE RESPONSIBLE FOR ANY
DAMAGE RESULTING FROM UNAUTHORIZED
ACCESS BY THIRD PARTIES TO OTHER PARTIES
TRANSMISSION FACILITIES OR PREMISES,
EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO
OR ALTERATION, THEFT, LOSS OR
DESTRUCTION OF NETWORK SYSTEMS,
APPLICATIONS, DATA FILES, PROGRAMS,
PROCEDURES OR INFORMATION THROUGH
ACCIDENT, FRAUDULENT MEANS OR DEVICES OR
ANY OTHER METHOD UNLESS SUCH DAMAGE IS
CAUSED BY AN INTENTIONAL ACT OF RTP, ITS
OFFICERS, DIRECTORS, EMPLOYEES,
AUTHORIZED REPRESENTATIVES, AFFILIATES,
CHAPTERS, SUBSIDIARIES, ASSIGNS,
LICENSORS, SUPPLIERS OR THIRD PARTIES
INVOLVED WITH THE CREATION, PRODUCTION
OR DELIVERY OF THE WEBSITE. THE
LIMITATIONS OF LIABILITY SET FORTH
HEREIN SHALL APPLY EVEN IF RTP, ITS
OFFICERS, DIRECTORS, EMPLOYEES,
AUTHORIZED REPRESENTATIVES, AFFILIATES,
CHAPTERS, SUBSIDIARIES AND ASSIGNS HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
Applicable Federal, State or Local law
may not allow the limitation or
exclusion of liability or incidental or
consequential damages, so the above
limitation or exclusion may not apply to
you. However, in no event shall RTP's
total liability to you, if any, for all
claims, damages, injuries, losses, and
causes of action, whether in contract,
tort (including without limitation
negligence), or otherwise, exceed the
amount paid by you, if any, for
accessing this Website.
IN THE EVENT THAT YOU TRANSMIT,
INTRODUCE, OR OTHERWISE CAUSE ANY
TECHNICAL DISRUPTION OF THIS RTP WEBSITE
OR THE SERVICES TRANSMITTING THE RTP
WEBSITE TO YOU, YOU AGREE TO BE
RESPONSIBLE FOR ANY AND ALL LIABILITIES
AND COSTS (INCLUDING REASONABLE
ATTORNEYS' FEES) ARISING FROM ANY AND
ALL CLAIMS BROUGHT BY THIRD PARTIES
BASED UPON SUCH TECHNICAL DISRUPTIONS.
FOR PURPOSES OF THIS AGREEMENT,
"TECHNICAL DISRUPTION" MEANS
DISTRIBUTION OF UNSOLICITED ADVERTISING
OR CHAIN LETTERS, PROPAGATION OF
COMPUTER WORMS, VIRUSES OR OTHER HARMFUL
CODE, AND/OR USING THE WEBSITE TO MAKE
UNAUTHORIZED ENTRY TO ANY OTHER MACHINE
ACCESSIBLE VIA THE WEBSITE. FURTHERMORE,
YOU ARE SOLELY RESPONSIBLE FOR THE
CONTENT OF ANY TRANSMISSIONS USING THE
WEBSITE AND AGREE NOT TO UPLOAD, POST OR
OTHERWISE MAKE AVAILABLE ON THE WEBSITE
ANY MATERIAL PROTECTED BY A PROPRIETARY
RIGHT OF A THIRD PARTY WITHOUT FIRST
OBTAINING THE EXPRESS WRITTEN PERMISSION
OF THE OWNER OF SUCH PROPRIETARY RIGHT.
YOU SHALL BE SOLELY AND COMPLETELY
LIABLE FOR ANY DAMAGES, LOSSES, COSTS OR
EXPENSES (INCLUDING REASONABLE
ATTORNEYS' FEES) ARISING OUT OF ANY
CLAIM OF INFRINGEMENT OR VIOLATION OF
PROPRIETARY RIGHTS OR ANY OTHER HARM
ARISING FROM THE UPLOADING, POSTING OR
OTHER SUBMISSION OF MATERIALS BY YOU.
MISCELLANEOUS
This document entitled terms and
conditions of use of the RTP Website
shall be governed by and construed in
accordance with the laws of the State of
Texas, without giving effect to any
principles of conflicts of law. If any
provision of this agreement regarding
terms and conditions of use shall be
held unlawful, void, or for any reason
unenforceable, then that provision shall
be deemed severable from this agreement
and shall not affect the validity and
enforceability of any remaining
provisions. This is the entire agreement
between the parties relating to the
subject matter herein and shall not be
modified except in writing, signed by
authorized representatives of both
parties.
IF YOU DO NOT AGREE TO THE FOREGOING
TERMS AND CONDITIONS OF USE OR ARE NOT
AUTHORIZED TO ENTER INTO THESE TERMS AND
CONDITIONS, PLEASE EXIT THE WEBSITE
IMMEDIATELY. |