THIS WEB PAGE IS A LEGAL DOCUMENT ("AGREEMENT") BETWEEN YOU ("VISITOR") AND RAPID FUSION TECHNOLOGIES, LLC. ("COMPANY"). THIS AGREEMENT STATES THE TERMS AND CONDITIONS UNDER WHICH YOU MAY USE THE WHATISH2S.COM WEBSITE ("WEBSITE") OR PURCHASE ANY PRODUCTS OR SERVICES FROM THE WEBSITE. READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING AND USING THE WHATISH2S.COM WEBSITE, OR ANY PRODUCTS OR SERVICES OFFERED THROUGH THE WHATISH2S.COM WEBSITE. BY USING THIS WEBSITE OR PURCHASING ANY PRODUCTS OR SERVICES THROUGH THIS WEBSITE, YOU ACKNOWLEDGE YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT, DO NOT ACCESS AND USE THE WEBSITE, OR PURCHASE ANY PRODUCTS OR SERVICES OFFERED BY THE WEBSITE. COMPANY MAY REVISE THIS AGREEMENT AT ANY TIME WITHOUT NOTICE BY UPDATING THIS AGREEMENT. YOU SHOULD VISIT THIS WEBPAGE PERIODICALLY TO REVIEW THE AGREEMENT.
These Terms and Conditions are made as of the date the Visitor first accesses the Website by and between the Company and the Visitor as defined hereunder.
Because Company has developed and owns the Website as defined hereinafter for use and access by the Visitor via the Internet; and Because Visitor desires to access and use the Website in accordance with the terms and conditions provided in this agreement. Therefore, in consideration of the mutual benefits of the covenants and restrictions herein contained, Visitor and Company herby agree as follows:
The above definitions and identification of parties are true and correct
DEFINITIONS: The following definitions shall apply:
ACCESS: Company herby grants Visitor a non-exclusive, non-transferable and revocable license to access the Website, during the Term, solely for viewing, browsing retrieving, uploading, and purchasing products and services subject to the terms and provisions of this Agreement.
ACCOUNT CREDENTIALS: Visitor hereby accepts responsibility for, and shall be liable for, all access to the Website in connection with Account Credentials. Visitor shall be responsible for the confidentiality of their Account Credentials. Modification of the Account Credentials shall be subject to Approval by the Company.
UNAUTHORIZED ACCESS: Visitor shall prevent Unauthorized Users from accessing the Website. Visitor shall prevent Unauthorized Access to the Website.
CANCELLATION: Company may cancel the Visitors Account Credentials in the exclusive discretion of Company. Visitor may cancel Account Credentials in the exclusive discretion of Visitor.
LINKS: Visitor hereby acknowledges that the Website may contain Links to third party web pages. Any such Links are provided solely as a convenience to Visitor and do not constitute an endorsement by Company of such web pages and the third party content therein.
UNAUTHORIZED USE: Visitor shall not copy or download the Website or any components of the Website without the prior written consent of Company. Visitor shall not access, modify, reverse engineer, reproduce, display, perform, or distribute, including (without limitation) by framing or similar means, the Website without prior written consent of Company.
TRADEMARKS: Company shall retain all rights, title and ownership interests of Company Marks. Visitor acknowledges that, excepting the Company Marks, all other products, services and Company names mentioned in the Website may be trademarks of their respective owners.
PROPRIETARY INFORMATION: Visitor shall hold Company Technology in strict confidence and shall not access or disclose Company Technology except as otherwise permitted under this Agreement.
NO CONTEST: Visitor shall not contest or aid in contesting the ownership or validity of the copyrights, trademarks, service marks and trade secrets of Company in connection with the Website.
EXPRESS WARRANTIES: Visitor herby acknowledges and agrees that Company, including officers, employees, agents, directors and independent contractors of Company, has not made or granted to Visitor any express warranties concerning the Website or any products and services offered through the Website. Visitor hereby acknowledges that the Website does not constitute grant of an express warranty concerning any products and services offered through the Website and visitor hereby waives any and all claims of warranty based on the Website.
WARRANTY LIMITATION: THE WEBSITE AND ANY PRODUCTS AND SERVICES PROVIDED THROUGH THE WEBSITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, HEREBY DISCLAIMS AND VISITOR HEREBY WAIVES ALL WARRANTIES BY COMPANY, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE. ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS IN CONNECTION WITH THEEPROPERTIES AND PRODUCTS AND SERVICES OFFERED THROUGH THE WEBSITE. COMPANY DOES NOT WARRANT AND VISITOR HEBEBY WAIVES ANY WARRANTY THAT USE OF OR ACCESS TO THE WEBSITE BY VISITOR WILL BE UNINTERRUPTED OR ERROR FREE. Company DOES NOT MAKE ANY WARRANTY AND VISITOR HEREBY WAIVES ANY AND ALL WARRANTIES AS TO THE RESULTS OBTAINED FROM USE OF THE WEBSITE OR AS THE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF THE PROPERTIES. VISITOR HEREBY ACKNOWLEGES AND AGREES THAT USE OF THE INTERNET AND WEBSITE SHALL BE AT THE SOLE AND EXCLUSIVE RISK OF VISITOR AND SUBJECT TO THE RESTRICTIONS, TERMS AND CONDITIONS, RULES, REGULATIONS, POLICIES, APPLICABLE LAWS AND CODES OF CONDUCT GOVERNING THE INTERNET AND THE PROPERTIES.
INACCURACIES: Visitor hereby acknowledges that the Properties and any products and services offered through the Website may contain errors, inaccuracies and omissions. Visitor shall assume any and all risk of loss, harm or damage associated with Visitor access to and use of the Properties.
LIMITATION OF LIABILITY: Company SHALL NOT BE LIABLE FOR ANY LOST PROFITS OR CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, IN CONNECTION WITH (1) USE, PERFORMANCE OR PERATION OF THE WEBSITE; (2) USE, PERFORMANCE OR OPERATIONS OF THE INTERNET OR USE OF THE INTERNET BY VISITOR; (3) LOSS OF DATA; AND (4) PRODUCTS AND SERVICES OFFERED THROUGH THE WEBSITE), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, AND REGARDLESS OF WHETHER Company HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE OR WHETHER SUCH DAMAGES ARE REASONABLY FORESEEABLE.
LIMITATION OF DAMAGES: THE SOLE REMEDY OF VISITOR FOR ANY REASON AND FOR ANY CAUSE OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT, THE WEBSITE, AND PRODUCTS AND SERVICES OFFERED THROUGH THE WEBSITE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCED SHALL BE MODIFICATION OF THE WEBSITE, AS DETERMINED BY COMPANY.
INDEMNIFICATION BY YOU: Visitor shall release, defend, indemnify and hold harmless Company, Company officers, Company directors, Company employees, Company affiliates, Company contractors and Company agents from and against any expense, loss, cost or liability (including, without limitation, attorney fees and paralegal fees) arising from any and all claims, demands, damages, or actions resulting from or related to (1) use by Visitor of the Internet, Website or products and services offered through Website (including, without limitation any clams for breach of warranty , loss of data, slander, invasion of privacy or false advertising); (2) performance of the Website (3) Visitor's negligence or any tortious acts (or failures to act) of Visitor; (4) Properties, products or services offered through the Website; and any breach by Visitor of the obligations of Visitor under this Agreement.
ENTIRE AGREEMENT: This Agreement constitutes the entire understanding of the parties relating to the Website and supersedes all previous verbal and written agreements between Company and Visitor.
GOVERNING LAW: This Agreement shall be governed by the laws of the state of Washington, in the county of King, without regard to any rules of conflict or choice of laws which may require the application of laws of another state or country.
WAIVER:Waiver of a breach of this Agreement shall not constitute a waiver of any other breach of this Agreement. Failure to enforce any provision of this Agreement shall not constitute a waiver from enforcing such provisions.
ARBITRATION: Any controversy or claim, whether based on contract, statute, tort, fraud, misrepresentation or other legal theory, related directly or indirectly to this agreement, any contract or product, whenever licensed, and whether between the Parties or any of the Party's employees, agents, or affiliated businesses, will be resolved by arbitration in accordance with the terms of this section. The Parties reserve the right to obtain an injunction in court to prevent any violation of this agreement. The rules of the American Arbitration Association will govern the arbitration of all claims. The arbitration panel will consist of three people at least one of whom will be expert in information technologies.