Legal
By viewing, downloading, or using etc. any of the
materials published on this web site, you agree to the terms of this Legal
Notice. If you do not agree, you should not view, download or use these
materials.
READ
THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.
BY USING OR ACCESSING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS
OF USE (THE "AGREEMENT"), AND THAT YOU ACCEPT AND WILL BE BOUND BY
THE AGREEMENT.
Introduction
Thank
you for visiting the Raiden Solutions web site titled Raiden Solutions.com
(the "Site"). In return for gaining access to the Site and using it,
you agree to be bound by the following Agreement without limitation or
qualification, so please carefully review this Agreement before proceeding. If
you do not intend to be legally bound by these terms and conditions, do not
access and use the Site. Raiden Solutions reserves the right to change this
Agreement and to make changes to any of the products or programs described in
the Site at any time without notice or liability. Any such revisions are
prospectively binding on you and therefore you should periodically visit this
page when you use the Site to review the then current Agreement that binds you.
Raiden Solutions also reserves the right in its sole and unfettered discretion
to deny you access to the Site at any time. Raiden Solutions enters into
agreements with third parties from time to time to provide our customers with
the opportunity to obtain special services, products or prices offered by the third
party. You will not be deemed to be violating this agreement when acting in
accordance with the terms and conditions of any such program or end user
license agreement.. Likewise, the
terms and conditions in this agreement will be considered broadened to the
extent needed to permit such third parties to operate within the terms of a
written agreement they have entered into with us. The titles in this Agreement
are provided only for your convenience and are not to be used in interpreting
the Agreement.
1. COPYRIGHT NOTICE.
Copyright
2003-2008 Raiden Solutions Inc., Inc. All Rights Reserved.
Raiden Solutions Copyright
Information Copyright 2004-2008
Raiden Solutions, Inc.
All rights reserved. Copyright in
this document is owned by Raiden Solutions, Inc. Any person is hereby
authorized to view, copy, print, and distribute this document subject to the
following conditions:
The document may be used for
informational purposes only.
The document may only be used for
non-commercial purposes; any copy of this document or portion thereof must
include this copyright notice.
Note that any marks used or any
product, process or technology described in the document may be the subject of
other Intellectual Property rights reserved by Raiden Solutions, Inc. and are
not licensed hereunder.
While in the Raiden Solutions site,
you may enter other independent web sites. During your visits to these sites,
Raiden Solutions is not responsible for either the content or the nature of
these linked sites.
Restricted Rights Legend. Use,
duplication, or disclosure by the United States Government is subject to the
restrictions set forth in DFARS 252.227-7013 (c) (1) (ii) and FAR 52.227-19.
2. TRADEMARK NOTICE
"Raiden Solutions Inc.", "Raiden Solutions",
"®PlainLoader and corporate logo are trademarks and/or service marks of
Raiden Solutions Inc., Inc. Unless otherwise noted on the Site, all other
trademarks, service marks, and logos used in this Site are the trademarks,
service marks or logos of their respective owners.
3. LICENSE GRANT &
OWNERSHIP BY RAIDEN SOLUTIONS INC.
a. License. Subject to the terms and conditions of this Agreement, and until
termination of the Agreement, Raiden Solutions Inc. grants to you a
non-exclusive, non-transferable, limited license to view or print the Content
in this Site without alterations, for personal, non-commercial use only. This
limited license does not apply to any media or platform other than that of the
current Site.
b.
Ownership. All Content on the Site is (and shall continue to be) owned
exclusively by Raiden Solutions Inc. or Others, and is protected under
applicable copyrights, patents, trademarks, trade dress, and/or other
proprietary rights, and the copying, redistribution, use or publication by you
of any such Content or any part of the Site is prohibited. Under no
circumstances will you acquire any ownership rights or other interest in any
Content by or through your Site Use.
4. RESTRICTIONS ON USE
a. Prohibited Acts. Concerning your Site Use or any Content, you agree not to
knowingly: (i) use any device, software or technique to interfere with or
attempt to interfere with the proper working of the Site; (ii) post or transmit
to the Site any unlawful, fraudulent, harassing, libelous, or obscene
Information of any kind; (iii) post or send to the Site any Information that
contains a virus, bug, or other harmful item; (iv) publish, perform,
distribute, prepare derivative works, copy, reverse engineer, or use the
Content (other than as expressly permitted herein); (v) post or transmit into
or on the Site any Information in violation of another party's copyright or
intellectual property rights; (vi) take any action which imposes an
unreasonable or disproportionately large load on Raiden Solutions Inc.'s
infrastructure; (vii) redeliver any of the Content using "framing",
hyperlinks, or other technology without Raiden Solutions Inc.'s express written
permission; or, (viii) use any device or technology to provide repeated
automated attempts to access password-protected portions of the Site.
b. Right to Regulate. You acknowledge that Raiden Solutions Inc. has the right,
but no obligation, to monitor the Site and to disclose any Information
necessary to operate the Site, to protect Raiden Solutions Inc.'s, Others, and
Raiden Solutions Inc.'s customers, and to comply with legal obligations or
governmental requests. Raiden Solutions Inc. reserves the right to refuse to
post or to remove any Information on the Site, in whole or in part, for any
reason.
c. Law Compliance. You agree to comply with all governmental laws, statutes,
ordinances, and regulations (including unfair competition, anti-discrimination
or false advertising) regarding your Site Use.
5. YOUR SITE USE
ACTIVITIES
Password-Protected Areas. If you are allowed access to password-protected areas
of the Site, you agree to keep your password confidential, to send Notice to
Raiden Solutions Inc. within 24 hours if your password is compromised. You
acknowledge that Raiden Solutions Inc. neither endorses nor is affiliated with
any Linked-Site and is not responsible for any information that appears on the
Linked-Site. You acknowledge that (i) the internet is a network of computers
worldwide, and that any Information submitted by you to Raiden Solutions Inc.
necessarily is routed via third party computers to Raiden Solutions Inc., (ii)
Raiden Solutions Inc. is not responsible for lapses in online security and does
not assume liability for improper use of your Information by a third party.
6. SUBMISSIONS OF
INFORMATION BY YOU
Grant of License to Raiden Solutions Inc. If you submit Information to the
Site, you grant Raiden Solutions Inc. a nonexclusive, worldwide, royalty-free
license to (in any media now known or not currently known or invented) link to,
utilize, use, copy, exploit, and prepare derivative works of the submitted
Information. No Information you submit shall be deemed confidential. However,
Raiden Solutions Inc. agrees to use your Information in accordance with Raiden
Solutions Inc.'s Privacy Policy applicable to personally identifiable user
data. YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY
RIGHTS APPLICABLE TO ANY INFORMATION YOU SUBMIT TO RAIDEN SOLUTIONS INC.
7. APPLICABILITY &
COOPERATION
Raiden Solutions Inc. reserves the right to limit the provision of any product
or service to any person, geographic area or jurisdiction as it so desires, or
as required by law. Raiden Solutions Inc. in its sole discretion may add,
delete or change the Content at any time, without notice to you.
8. GLOBAL RESTRICTED RIGHTS
& EXPORT CONTROLS ~USA & CA
All Raiden Solutions Inc. software products and related documentation that
are provided to any agency or department of the United States Federal
Government ("the Government") are provided with restricted rights.
All use, duplication and/or disclosure by the Government of such Raiden
Solutions Inc. software products and related documentation is subject to FAR
52.227-19, "Commercial Computer Software - Restricted Rights", or
DFAR 227.7202-3, "Rights in Commercial Computer Software or Commercial
Computer Software Documentation", as applicable. Notwithstanding anything
to the contrary in either FAR 52.227-19 or DFAR 227.7202-3, the Government MAY
NOT in any fashion modify, combine with other software products, reproduce
and/or distribute, other than as specifically permitted by the applicable
Raiden Solutions Inc. Software License provided with the product, any Raiden
Solutions Inc. software product or related documentation that is provided to
the Government with restricted rights.
Government
Use.
The
software and documentation available on the Site are "commercial
items," as that term is defined in 48 C.F.R. 2.101 (October 1995),
consisting of "commercial computer software" and related
documentation, as such terms are used in 48 C.F.R. 12.212 (September 1995).
Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4
(June 1995), all U.S. government end users acquire the software and
documentation with only those rights set forth herein. You acknowledge and agree
to comply with all U.S. laws, regulations and requirements applicable to the
export of U.S. origin products and technology.
Warranties and limitation of liability
The information on this web site is presented
"AS IS" WITHOUT WARRANTY OF ANY KIND. RAIDEN SOLUTIONS INC. HEREBY
DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT, ACCURACY OR VIRUS FREE OPERATION. Applicable laws may not
allow this broad disclaimer of certain implied warranties, and if so, the
non-allowable disclaimers may not apply to you
Raiden Solutions Inc. makes reasonable efforts that
the materials on this web site are accurate but does not make any
representations as to the accuracy or completeness of the materials.
Information may be changed or updated without notice. Raiden Solutions Inc. may
also from time to time revise this Legal Notices by updating this posting. You
should periodically visit this page to review the current Legal Notices so you
are aware of any revisions by which you are bound.
IN NO EVENT SHALL RAIDEN SOLUTIONS INC., ITS
SUPPLIERS, OR OTHER THIRD PARTIES REFERENCED AT THIS SITE BE LIABLE FOR ANY
SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR PERSONAL INJURY, LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF BUSINESS OR CONFIDENTIAL INFORMATION, LOSS OF PRIVACY, OR
ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE
SOFTWARE, MATERIALS, OR ANY INFORMATION AVAILABLE AT THIS SITE OR THE PROVISION
OF OR FAILURE TO PROVIDE TECHNICAL SUPPORT OR OTHER SERVICES, EVEN IF ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. Applicable law may not allow the exclusion
or limitation of incidental or consequential damages, so the above limitation
or exclusion may not apply to you.
You use this web site at your own risk. Raiden Solutions Inc. is not liable
for any damages arising from use of this site.
9. LIMITED WARRANTY AND
DISCLAIMER
a. DISCLAIMER OF WARRANTY. RAIDEN SOLUTIONS INC. AND ALL CONTENT PROVIDERS MAKE
NO REPRESENTATION ABOUT THE SUITABILITY OF THE CONTENT HEREON. THIS SITE, AND
ACCESS TO ANY LINKED-SITE, IS PROVIDED TO YOU BY ALL CONTENT PROVIDERS "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,
ACCURACY, AND NON-INFRINGEMENT. YOU HEREBY DISCLAIM ALL WARRANTIES BY RAIDEN
SOLUTIONS INC. RELATING TO YOUR SITE USE. YOU ACKNOWLEDGE THAT YOUR ACCESS TO
THE SITE WILL NOT BE FREE OF INTERRUPTIONS, THAT THE INFORMATION HEREIN MAY
CONTAIN BUGS, ERRORS, TECHNICAL INACCURACIES, PROBLEMS OR OTHER LIMITATIONS,
AND THAT THE SITE MAY BE UNAVAILABLE FROM TIME TO TIME. YOU ASSUME TOTAL
RESPONSIBILITY AND RISK FOR YOUR SITE USE AND SITE-RELATED SERVICES.
b. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES WILL ANY OF THE CONTENT
PROVIDERS BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS,
LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, UNDER
ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE
USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR
SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF
YOUR SITE USE. You may have additional rights under certain laws (including
consumer laws) which do not allow the exclusion of implied warranties, or the
exclusion or limitation of certain damages. If these laws apply to you, the
exclusions or limitations in this Agreement that directly conflict with such
laws may not apply to you.
10. CONTACTING RAIDEN
SOLUTIONS INC.
Should you desire to contact Raiden Solutions Inc., you may
do so at: Raiden Solutions Inc. I.T. Services 2665 South Bay Shore Drive. Suite 1001 Coconut Grove, FL
33133 U.S.A.
Email: it@RaidenSolutions.com
11. MISCELLANEOUS
a. Location & Interpretation. The language in this Agreement shall be
interpreted as to its fair meaning and not strictly for or against any party.
This Agreement shall be interpreted in accordance with the laws of the state of
Florida the United States of America and the laws applicable therein. United
states of America.
b. Equitable Relief. You acknowledge that any breach by you of the provisions
of the Agreement will cause irreparable damage to Raiden Solutions Inc. or
Others and that a remedy at law will be inadequate. Therefore, in addition to
any and all other legal or equitable remedies, Raiden Solutions Inc. and Others
will be entitled to injunctive relief for any breach of this Agreement.
c. Severability. In the event that any of the provisions of this Agreement
shall be held by a court or other tribunal of competent jurisdiction to be
unenforceable, such provisions shall be limited or eliminated to the minimum
extent necessary so that this Agreement shall otherwise remain in full force
and effect and enforceable.
d. Complete Integration. This Agreement constitutes the entire agreement
between you and Raiden Solutions Inc. pertaining to the subject matter hereof.
You agree to review this Agreement prior to any Site Use, and each Site Use by
you shall constitute and be deemed your unconditional acceptance of this Agreement.
Raiden Solutions Inc. may prospectively modify this Agreement, by posting a
revised Agreement on the Site.
e. Termination. Either Party, in its sole and absolute discretion, may
terminate the Agreement at any time and for any reason (with or without cause),
with or without notice. If the Agreement is terminated, you agree to cease all
Site Use and, upon request by Raiden Solutions Inc., to return all Information
in your possession relating to the Site, and all copies thereof.
f. Survival of Certain Provisions. Any and all provisions or obligations
contained in this Agreement which by their nature or effect are required or
intended to be observed, kept or performed after termination of this Agreement
will survive the termination of this Agreement and remain binding upon and for
the benefit of the parties, their successors and permitted assignees.
g. Waiver. No delay or omission to exercise any right or remedy accruing to
Raiden Solutions Inc. upon any breach or default by you shall constitute a waiver
by Raiden Solutions Inc. of any breach or default.
h. Headings. All article or section headings, or exhibit names, are for
reference and convenience only and shall not be considered in the
interpretation of the Agreement.
i. No Agency. You and Raiden Solutions Inc. are independent contractors, and no
agency, partnership, joint venture, employee-employer or franchiser-franchisee
relationship is intended or created by this Agreement.
j. Conflicts. If this Agreement conflicts with a provision of any other contract
between you and Raiden Solutions Inc. relating to the Site, the provision in
such other Agreement shall govern.
13. GLOSSARY
The following terms, when used in this Agreement, shall have the following
meanings.
"Content". The term "Content" means all Information, data,
or other material, in any form or media, contained in, obtained from, or
relating to the Site, including all results obtained from the Site.
"Content Providers". The term "Content Providers" means
both Raiden Solutions Inc. and Others.
"Information". The phrase "Information" includes all data,
information, documents, files, personally-identifying information, and software
disclosed by one party to the other in connection with the Site or your Site
Use.
"Linked-Site". A "Linked-Site" means any Internet site
(including all information, data, and content thereon) that is linked to the
Site, but not owned by Raiden Solutions Inc..
"Notice". The phrase "Notice" refers to the sending of
Information by you to Raiden Solutions Inc. via certified mail, return receipt
requested, to Raiden Solutions Inc. at the address noted in section 10 above.
"Others". The terms "Others" means Raiden Solutions Inc.'s
direct or indirect licensors, Raiden Solutions Inc.'s affiliates, or other
contributors to the Site (other than Raiden Solutions Inc.).
"Privacy Policy". The phrase "Privacy Policy" refers to
Raiden Solutions Inc. official published privacy policy, describing Raiden
Solutions Inc.'s intended uses of your personally identifiable Information.
"Site". The term "Site" means any Raiden Solutions Inc.
Internet site, page (and all sub-pages), uniform resource locator
("URL"), domain location, and all Information and Content thereon.
"Site Use". The term "Site Use" means your use of or access
to the Site.