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Web
Site Usage Agreement Between
User and RTD
Initial Notice
Thank you for visiting our Web site. This site is owned
and operated by RTD (UK) Ltd (hereinafter "RTD"). Please read
carefully the following legal agreement before using this Web site. By
using this Web site, you signify your assent to these terms of use. If
you do not agree to these terms of use, please disconnect from and do
not use this Web site. RTD reserves the right to change this Agreement
at any time by revising the terms and conditions herein. User is responsible
for regularly reviewing these terms and conditions. Continued use of this
Web site following any such changes shall constitute the User’s acceptance
of such changes.
Permitted Use
You ("you" or the "User") have a
nonexclusive, non-transferable, limited and revocable right to use the
Web site solely for your personal educational, informational and entertainment
use, subject to the terms and restrictions herein contained. User will
not use the Web Site for any other purpose, including any commercial purpose,
without the Company’s express prior written consent. User agrees to cooperate
with RTD in causing any unauthorized use to immediately cease.
List of Restrictions
Neither the Web site nor any element thereof, including,
without limitation, text, graphics, images or other materials, may be
copied, repurposed, uploaded, posted, transmitted or redistributed. However,
you may download one copy of such materials to your individual computer
solely for your personal, non-commercial use only, provided that all copyright
and other proprietary notices appearing on such materials are strictly
preserved without any alteration, modification or obfuscation. You may
not modify or prepare derivative works based upon the Web site, or any
element thereof. It is a condition of your use of this Web site that you
do not restrict or inhibit any other user from using this Web site.
Reservation of Rights
All rights, titles and interests in and to this Web site
are owned by RTD. All trademarks, service marks and trade names are also
proprietary to RTD. None of the items mentioned herein may be used without
the express written consent of RTD. All rights are reserved by RTD.
WARRANTY DISCLAIMER
THE WEB SITE AND ALL ELEMENTS THEREOF ARE PROVIDED ON
AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.
RTD MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR SUITABILITY
OF THE CONTENT CONTAINED ON THE WEB SITE. RTD DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
RTD DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE OR PERFORM IN A MANNER
THAT IS UNINTERRUPTED OR ERROR-FREE, OR THAT THE WEB SITE OR HOST SERVER
WILL BE MAINTAINED FREE OF VIRUSES OR OTHER HARMFUL CODE. RTD MAKES NO
WARRANTIES THAT THE INFORMATION PRESENTED ON THE WEB SITE IS CURRENT,
UP-TO-DATE OR ACCURATE. THE FOREGOING SHALL BE ENFORCEABLE TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW.
LIABILITY LIMITATION
UNDER NO CIRCUMSTANCES AND REGARDLESS OF LEGAL THEORY,
WHETHER IN TORT, CONTRACT OR OTHERWISE, WILL RTD OR ANY OF ITS RELATED
OR AFFILIATED COMPANIES BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, PUNITIVE OR CONSEQUENTIAL DAMAGES,
HOWEVER CAUSED, AND REGARDLESS OF CHARACTER, INCLUDING, WITHOUT LIMITATION,
ANY DAMAGES RELATING TO LOST DATA, COMPUTER FAILURE OR MALFUNCTIONING,
OR OTHERWISE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT RTD IS NOT LIABLE
FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF USER. THE FOREGOING
SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
YOU AGREE TO THIS ALLOCATION OF RISK IN RELATION TO YOUR USE OF THE WEB
SITE. IF YOU DISAGREE WITH ANY OF THE TERMS AND CONDITIONS OF THIS WEB
SITE USAGE AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USING THIS SITE.
Links to Third Parties’ Web Sites
RTD may have provided links and pointers to Internet
sites maintained by third parties ("third party sites") and
may from time to time provide third party materials on this site. Neither
RTD nor its related, affiliated companies operate or control in any respect
any information, products or services on these third party sites. The
third party materials in this site and the third party sites are provided
"as is" and without warranties of any kind either express or
implied. To the fullest extent permissible pursuant to applicable law,
RTD disclaims all warranties, express or implied, including, but not limited
to, implied warranties of merchantability and fitness. RTD does not warrant
or make any representations regarding the use or the results of the use
of the third party materials in the third party sites in terms of their
correctness, accuracy, timeliness, reliability or otherwise.
Jurisdiction
Except as described otherwise, all materials in the RTD
site are made available only to provide information about RTD. RTD controls
and operates this site from its headquarters in Hornchurch, Essex, United
Kingdom, and makes no representation that these materials are appropriate
or available for use in other locations. If you use this site from other
locations, you are responsible for compliance with applicable local laws.
General Terms and Conditions
This Agreement shall be deemed to include all other notices,
policies, disclaimers and other terms contained in this Web site; provided,
however, that in the event of a conflict between such other terms and
the terms of this Agreement, the terms of this Agreement shall control.
This Agreement shall be interpreted, and the rights and
liabilities of the parties hereto determined in accordance with the laws
of the United Kingdom of Great Britain and Northern Ireland, without regard
to conflicts of law principles. The parties consent to the exclusive jurisdiction
of the county and crown courts of the U.K. for the determination of any
claim or controversy between the parties and arising out of or relating
to this Agreement. Both parties hereby consent to the jurisdiction of
the U.K. courts and waive any objections as to personal jurisdiction or
as to the laying of venue in such courts due to inconvenient forum or
any other basis.
User acknowledges that no joint venture, partnership,
employment or agency relationship exists between the User and RTD as a
result of this Agreement or use of this Web site. User agrees not to hold
himself or herself out as a representative, agent or employee of RTD and
RTD shall not be liable for any representation, act or omission of the
User.
RTD’s performance of this Agreement is subject to existing
laws and legal process and nothing contained in this Agreement is in derogation
of RTD’s right to comply with law enforcement requests or requirements
relating to the User’s use of this Web site or information provided to
or gathered by RTD with respect to such use.
If any part of this Agreement 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 the Agreement shall continue
in effect.
This Agreement constitutes the entire agreement between
the User and RTD with respect to this Web site and it supersedes all prior
or contemporaneous communications and proposals, whether electronic, oral
or written, between the User and RTD with respect to this Web site. A
printed version of this Agreement and of any notice given in electronic
form will be admissible in judicial or administrative proceedings based
upon or relating to this Agreement to the same extent and subject to the
same conditions as other business documents and records originally generated
and maintained in printed form.
Indemnification
As a condition of use of this Web site, the User agrees
to indemnify RTD, its officers, directors, employees and agents of any
of them against and from and against any and all claims, demands, judgments,
costs, liabilities, expenses (including legal fees) and damages arising
out of legal claims resulting from User’s use of this Web site, including,
without limitation, any claims alleging facts that if true would constitute
a breach by User of these terms and conditions.
Questions?
If you have any questions on our Usage Agreement, please
contact us. |