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Terms of Use & Copyright Notice
This Terms of Use Agreement (the "Agreement")
is between you the end user and R-Solutions, Inc. ("Company")
with a principal place of business at 100 S. Santa Fe Drive,
Denver, CO 80223. Use of R-Solutions Web site (the "Company
Web site") signifies your agreement to the terms and
conditions of use set forth below in the Agreement:
(1) You acknowledge that you have read the terms and
conditions of use and that you accept the terms thereof.
YOU AGREE TO READ THESE TERMS AND CONDITIONS OF
USE CAREFULLY BEFORE USING THIS WEB SITE. If
you do not agree to these terms and conditions of use,
you may not access or otherwise use this Web site.
(2) R-Solutions may monitor your use of this Web site,
and may freely use and disclose any information and materials
received from you or collected through your use of the
Web site for any lawful reason or purpose. Please review
our privacy
policy as well.
(3) R-Solutions reserves the right, at its sole discretion,
to change, modify, add or remove any portion of this Agreement,
in whole or in part, at any time. Notification of changes
in the Agreement will be posted on the R-Solutions Web
site.
(4) The R-Solutions Web site is protected by copyright
as a collective work and/or compilation, pursuant to U.S.
copyright laws, international conventions, and other copyright
laws. All materials contained on the R-Solutions Web site
are protected by copyright, and are owned or controlled
by R-Solutions or the party credited as the provider of
the content. You will abide by any and all additional
copyright notices, information, or restrictions contained
in any Content on the R-Solutions Web site. You may not
download or make copies of the content or other downloadable
items displayed on this R-Solutions Web site for personal,
noncommercial, or commercial use. Copying or storing of
any content for any use is expressly prohibited without
the prior written permission from R-Solutions or the copyright
holder identified in the individual contents copyright
notice.
(5) Trademark Notice: "R-Solutions" and the
"R-Solutions" logo are trademarks and service
marks of R-Solutions, Inc. ("R-Solutions").
All other trademarks, service marks and logos used in
this Site are the trademarks, service marks or logos of
their respective owners.
(6) R-Solutions may change, suspend or discontinue any
aspect of the R-Solutions Web site at any time, including
the availability of any R-Solutions Web site feature,
database, or content. R-Solutions may also impose limits
on certain features and services or restrict your access
to parts or all of the R-Solutions Web site without notice
or liability.
(7) You represent, warrant and covenant that:
(a) you shall not upload, post or transmit to or distribute
or otherwise publish through the R-Solutions Web site
any materials which
(i) restrict or inhibit any other user from using
and enjoying the R-Solutions Web site,
(ii) are unlawful, threatening, abusive, libelous,
defamatory, obscene, vulgar, offensive, pornographic,
profane, sexually explicit or indecent,
(iii) constitute or encourage conduct that would constitute
a criminal offense, give rise to civil liability or
otherwise violate law,
(iv) violate, plagiarize or infringe the rights of
third parties including, without limitation, copyright,
trademark, patent, rights of privacy or publicity
or any other proprietary right,
(v) contain a virus or other harmful component,
(vi) contain any information, software or other material
of a commercial nature,
(vii) contain advertising of any kind, or
(viii) constitute or contain false or misleading indications
of origin or statements of fact; and
(b) that you are at least eighteen (18) years old.
(8) You hereby agree to indemnify, defend and hold R-Solutions,
and all its officers, directors, owners, agents, employees,
information providers, affiliates, licensors and licensees
(collectively, the "Indemnified Parties") harmless
from and against any and all liability and costs incurred
by the Indemnified Parties in connection with any claim
arising out of any breach by you of the Agreement or the
foregoing representations, warranties and covenants, including,
without limitation, attorneys fees and costs. You shall
cooperate as fully as reasonably required in the defense
of any claim. R-Solutions reserves the right, at its own
expense, to assume the exclusive defense and control of
any matter otherwise subject to indemnification by you
and you shall not in any event settle any matter without
the written consent of R-Solutions.
(9) The R-Solutions Web site contains links and pointers
to the other related World Wide Web Internet sites, resources,
and sponsors of the R-Solutions Web site. Links to and
from R-Solutions Web site to other third party sites,
maintained by third parties, do not constitute an endorsement
by R-Solutions or any of its subsidiaries or affiliates
of any third party resources, or their contents.
(10) R-Solutions does not represent or endorse the accuracy
or reliability of any advice, opinion, statement, or other
information displayed or distributed through the R-Solutions
Web site. You acknowledge that any reliance upon any such
opinion, advice, statement, memorandum, or information
shall be at your sole risk. R-Solutions reserves the right,
in its sole discretion, to correct any errors or omissions
in any portion of the R-Solutions Web site.
(11) R-Solutions does not and cannot review all materials
posted to the R-Solutions Web site by users, and R-Solutions
is not responsible for any such materials posted by users.
However, R-Solutions reserves the right at all times to
disclose any information as necessary to satisfy any law,
regulation or government request, or to edit, refuse to
post or to remove any information or materials, in whole
or in part, that in R-Solutions's sole discretion are
objectionable or in violation of this Agreement.
(12) THE R-Solutions WEB SITE, INCLUDING ALL CONTENT,
SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE
ON OR ACCESSED THROUGH THE R-Solutions WEB SITE, IS PROVIDED
"AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY
LAW, R-Solutions AND ITS SUBSIDIARIES AND AFFILIATES MAKE
NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER
FOR THE CONTENT ON THE R-Solutions WEB SITE OR THE MATERIALS,
INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE
USED ON OR ACCESSED THROUGH THE R-Solutions WEB SITE,
FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD
PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH
THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE
R-Solutions WEB SITE OR ANY LINKED SITE. FURTHER, R-Solutions
AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS
OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION,
NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. R-Solutions DOES NOT WARRANT THAT THE FUNCTIONS
CONTAINED IN THE R-Solutions WEB SITE OR ANY MATERIALS
OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR
ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE
R-Solutions WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE
IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. R-Solutions
AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE
FOR THE USE OF THE R-Solutions WEB SITE, INCLUDING, WITHOUT
LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
(13) By posting messages, uploading files, inputting
data or engaging in any other form of communication (individually
or collectively "Communications") to the R-Solutions
Web Site, you hereby grant to R-Solutions a perpetual,
worldwide, irrevocable, unrestricted, non-exclusive, royalty
free license to use, copy, license, sublicense, adapt,
distribute, display, publicly perform, reproduce, transmit,
modify, edit and otherwise exploit such Communications,
in all media now known or hereafter developed. You hereby
waive all rights to any claim against R-Solutions for
any alleged or actual infringements of any proprietary
rights, rights of privacy and publicity, moral rights,
and rights of attribution in connection with such Communications.
(14) You acknowledge that transmission to and from this
R-Solutions Web Site are not confidential and your Communications
may be read or intercepted by others. You acknowledge
that by submitting Communications to R-Solutions, no confidential,
fiduciary, contractually implied or other relationship
is created between you and R-Solutions other than pursuant
to this Agreement.
(15) THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED
IN ACCORDANCE WITH THE LAWS OF THE STATE OF COLORADO,WITHOUT
REGARD TO CONFLICTS OF LAWS PROVISIONS. SOLE AND EXCLUSIVE
JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT
OF OR RELATED TO THIS AGREEMENT SHALL BE AN APPROPRIATE
STATE OR FEDERAL COURT LOCATED IN THE STATE OF COLORADO.
(16) This Agreement constitutes the entire agreement
between R-Solutions and you with respect to your use of
the R-Solutions Web Site. Any cause of action you may
have with respect to your use of the R-Solutions Web Site
must be commenced within one (1) year after the claim
or cause of action arises. If for any reason a court of
competent jurisdiction finds any provision of the Agreement,
or portion thereof, to be unenforceable, that provision
shall be enforced to the maximum extent permissible so
as to effect the intent of the Agreement, and the remainder
of this Agreement shall continue in full force and effect.
R-Solutions disclaims any and all responsibility for content
contained in any third party materials provided through
links from the R-Solutions Interact site.
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