THESE TERMS OF USE DESCRIBE YOUR LEGAL RIGHTS AND RESPONSIBILITIES, AND BY USING THE SITE, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE AND OUR PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE. THESE TERMS OF USE FORM A LEGAL AGREEMENT BETWEEN YOU AND US REGARDING YOUR USE OF THE SITE ALONG WITH THE RELATED SERVICES, FEATURES, CONTENT AND OFFERS PROVIDED ON THE SITE. THESE TERMS OF USE ALSO INCLUDE A MANDATORY ARBITRATION CLAUSE AND CLASS ACTION WAIVER.
IF FOR ANY REASON, YOU ARE UNABLE OR UNWILLING TO AGREE TO ALL OUR TERMS OF USE, PLEASE IMMEDIATELY STOP USING OR ATTEMPTING TO USE OUR SITE, BECAUSE IF YOU USE OR CONTINUE THE SITE, YOU WILL BE AGREEING TO EVERYTHING IN OUR TERMS OF USE AS A CONDITION OF SUCH USE.
When you see the word “use” or “using” in connection with our Site or us in these Terms of Use, it means and refers to any time you, directly or indirectly, with or without a device, attempt to or actually do access, interact, utilize, display, view, browse, visit, print or copy, transmit, receive or exchange data, upload, download, post or otherwise submit any message, posting, material or content or you otherwise communicate, including with another user or anyone else. We will also consider you to be using our Site if you utilize, benefit from, take advantage of or interact with any feature, function, service, activity, promotion or content in, on or available through our Site, for any purpose.
We may refer to you or any individual that uses our Site as “you” or “your” or a “user.” If we use the term “RFRain,” in addition to us, that term means and includes our agents, representatives, subsidiaries, affiliated companies, select unaffiliated companies, assigns, and brands that are owned by, licensed by, and/or partnering with RFRain.
When we use the term “Site” we mean all website(s) or online solution functionality or services offered through the individual URL or Internet address locations, sites and pages within the RFRain domain (including all backups, mirror, replacement and substitutes). Unless otherwise noted, when we use the term “Site,” we are including all the content, text, information, images, graphics, postings, files, documents, multimedia materials, software, code, data, logos, brands, service and trademarks, the “look and feel”, as well as the selection and arrangement of items, all copyrightable or otherwise legally protectable items and elements and all of the various features, functions and services in, on or associated with our Site and we will use the term “Content” when we refer to them separately. When we use the term “Services” we mean any services provided as an online functionality or feature of the Site.
These Terms of Use include our Privacy Policy and any other terms we disclose or notify you of when you use or attempt to use our Site (“Additional Terms”) all of which are incorporated by reference and form a part of our Terms of Use for all purposes.
By using our Site you are acknowledging you have read, understand and accept as binding, all of the rights and obligations, terms and conditions in our Terms of Use, which constitute the legal agreement you have with us. If you do not agree with, cannot comply with or are unwilling to accept our Terms of Use, please discontinue your use of our Site immediately because continued use shall constitute acceptance of these Terms of Use.
By using the Site, you represent to RFRain that:
We reserve the right, at any time, to add to, delete or modify our Terms of Use, as well as all or any part of our Site in our sole discretion. We will notify you of changes to our Terms of Use by posting the new Terms of Use on this website, or by sending you a notice via e-mail. Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. The date at the top of the Site indicates when these Terms of User were last updated. You agree to review these Terms of Use and other online policies posted on our Site periodically to be aware of any revisions.
You agree to use or access the Site or the Service only for lawful purposes and in accordance with these Terms of Use. We maintain the Site for your non-commercial personal use. By using the Site you agree that you may never use, allow or enable others to use our Site or knowingly condone use of our Site to do or attempt to:
We intend to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws. Any violation of system or network security may subject you to civil and/or criminal liability.
The Site and its entire contents, features and functionality, including, but not limited to all information, text, displays, photographs, graphics, video and audio, and the design, selection and arrangement thereof (“Content”), are owned by, licensed by, or provided to RFRain. The Site is protected by copyright, trademark, trade secret, and other intellectual property or proprietary rights laws, and thus, we own and retain all rights in RFRain.
These Terms of Use permit you to use the Site for your own personal, non-commercial use only. Except as otherwise provided in these Terms of Use, you may not reproduce, modify, publish, prepare derivative works, or distribute copies of the Content in whole or in part. You acknowledge and agree that if you use any Content in violation of our Terms of Use, any other party’s rights, or any laws or regulations, including laws relating to the protection of intellectual property, you may be subject to civil liability, criminal prosecution or both under the laws and regulations of the United States, as well as any other state, national, provincial or other laws, regulations and treaties that may apply.
Our Site may allow you to register, create a profile or account and enable you to submit, provide, furnish, transmit, exchange, communicate and/or display to other users (referred to as “Posting”) content or materials (collectively, “User Content”). By Posting, you represent that you own or have the right to engage in or submit, display or use the User Content and you specifically agree your User Content shall not violate any law or regulation, our Terms of Use or the rights of others.
We have no obligation, nor do we verify, review for accuracy, completeness or otherwise, any User Content. We also have no obligation to monitor or continue to monitor your use of the Site or your User Content, but we reserve the right to do so and to confirm and request confirmation of any information you submit to us or on our Website, at any time for any reason or no reason at all. We do not endorse User Content, nor do we screen them.
Your User Content and/or your account are your responsibility, although we ask that you notify us if you know or suspect the security of your user identification, log-in and password may have been compromised so that we can take responsive action. But, in general, you are solely responsible for activities undertaken through your registration, profile, user account or login identification or password and you will defend and indemnify us (see the Section entitled “You Indemnify Us”) for any User Content submitted, displayed, use, or transferred under the foregoing. In accordance with the foregoing, if you suspect that your log-in identification or password may have been compromised, please notify us immediately at support@RFRain.com
FEEDBACK AND SUBMISSIONS
RFRain welcomes your feedback and suggestions about RFRain’s products or services or with respect to how to improve the Site. By transmitting any suggestions, information, material, or other content (collectively, “feedback”) to RFRain, you represent and warrant that such feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey to RFRain and enable RFRain to use such feedback. In addition, any feedback received through the Site will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for RFRain to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary.
User Content and Feedback will be considered non-confidential and non-proprietary and may be used by RFRain. Content that is yours, remains yours and neither our Terms of Use, nor your use of our Site is intended to deprive you or anyone of any existing rights to Content. By posting, downloading, displaying, performing, transmitting, or otherwise distributing Content to RFRain or the Site, you are:
If anyone else has or may have rights to the User Content you are submitting, it is your responsibility to find out and obtain whatever agreements, licenses and rights you need from them to do so, because if and when you submit Content to us, you will be solely responsible and liable and you will defend and indemnify us (See the Section entitled “You Indemnify Us”).
The Site may offer certain tools or services that are available to you via your mobile phone or other mobile device (collectively, “Mobile Services”). Please note that your mobile carrier’s normal messaging, data, and other rates and fees will apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile devices, what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you. Nevertheless, all use of the Site and its Mobile Services shall be in accordance with our Terms of Use.
From time to time we may offer sweepstakes, contests, or other similar promotions (“Promotions”). Promotions vary and may require you to submit information about yourself to us. Each Promotion has its own Terms and Conditions, which govern your participation in the Promotion. You must read and agree to these separate Terms and Conditions before entering into any such Promotion.
If the Site contains links to other sites and resources provided by third parties, such links are provided for convenience purposes only. This includes links contained in advertisements, banner advertisements, and sponsored links. We have no control over, and no liability for any third party websites or materials. We work with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither we nor our Site has control over the content and performance of these partner and affiliate sites, we make no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
RFRain may provide access to offers from third party partners and affiliates which may allow you to order, receive, or redeem various products and services by business that are not owned or operated by us. The delivery, guarantee, maintenance, and all other matters concerning your transactions with these businesses are solely between you and such businesses. We do not endorse, warrant, or guarantee any such third party offers and we are not liable for the accuracy, completeness, or usefulness of such information or the availability of any offers.
Our Terms of Use are in effect when accessing, or using the Site, whichever is earliest. RFRain reserves the right at any time and on reasonable grounds, which shall include, without limitation, any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of this Agreement, to deny your access to the Site or to any portion thereof in order to protect its name and goodwill, its business, and/or other Users, and our Terms of Use with you will also terminate automatically if you fail to comply with its terms and conditions, subject to the survival rights of certain provisions identified below. Termination will be effective without notice. You may also terminate our Terms of Use at any time by ceasing to use the Site, but all applicable provisions of our Terms of Use will survive termination, as identified below, and each re-access or use of the Site will reapply our Terms of Use (then in effect) to you. The provisions concerning RFRain’s proprietary rights, feedback and submissions, indemnity, disclaimers of warranty and liability, waiver and severability, entire agreement, and governing law will survive the termination of our Terms of Use for any reason.
We have the right to discontinue, suspend or terminate our Site or your use of our Site at any time, with or without notice to you, and without liability to you, for any reason or no reason whatsoever, including any time we determine, in our sole judgment, you have violated any of the Terms of Use, furnished us with false or misleading information, or interfered with use of the Site by others. In addition to any other rights and remedies we may have under these Terms of Use, or at law or in equity, we have the right to: (i) refuse to allow you further Posting; (ii) remove or delete Postings; (iii) revoke your right to use our Site; (iv) revoke and terminate your RFRain account; (v) use any technological, legal, operational or other means available to enforce our Terms of Use, including blocking specific IP addresses or deactivating your registration.
By using our Site, you agree to defend and hold harmless RFRain and its officers, directors, employees, agents, affiliates, third party information providers, licensors, contractors, and others involved in the delivery of products, services or information through the Site (collectively, the “Indemnified Parties”) against any demands, claims or actions arising out of or as a result of your access to or use of the Site, your breach or violation of our Terms of Use, including any breach arising from violations of law and regulation, as well as claims of infringement, misappropriation or violation of the rights of any person or entity (“Claim”) and you shall indemnify and hold the Indemnified Parties harmless from and against any and all losses, damages, costs and expenses, including attorneys’ fees, resulting from any such Claim. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expense, and attorney’s fees and litigation expenses of the Indemnified Parties in connection therewith.
We have the right, at any time, to assume the defense against any Claim and all negotiations for settlement and compromise and you agree to cooperate with us in any such defense. You will also indemnify and hold the Indemnified Parties harmless from and against any claim brought by third parties arising out of your use of the information accessed through the Site or related website(s).
OUR SITE IS MADE AVAILABLE “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO GUARANTY OR ASSURANCE THAT ALL OR ANY PART OF OUR SITE WILL BE AVAILABLE FOR USE, PERFORM AS DESCRIBED OR THAT OUR SITE IS ACCURATE, TIMELY, COMPLETE OR ERROR FREE AND YOU SHOULD NOT RELY ON OUR SITE FOR ANY DECISIONS OR ACTIONS YOU MAY OR MAY NOT CHOOSE TO MAKE OR TAKE. WE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DAMAGE TO YOU OR YOUR PROPERTY, EVEN IF DUE TO MALICIOUS OR UNAUTHORIZED CODE. YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOU HAVE APPROPRIATE MECHANISMS TO PROTECT AND SECURE YOUR EQUIPMENT, PROGRAMS AND INFORMATION BECAUSE YOU, NOT US, ARE ASSUMING ALL RISK OF LOSS OR DAMAGE THAT MAY ARISE OR BE ASSOCIATED WITH USE OF OUR WEBSITE.
OUR LIABILITY TO YOU IS LIMITED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL LIABILITY FOR LOSS, DAMAGE, COST AND/OR EXPENSE OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORM OF ACTION OR BASIS OF THE CLAIM AND WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES) IN CONNECTION WITH OR ARISING FROM USE OF OUR SITE OR ANY OTHER MATERIALS OR SERVICES WE PROVIDE TO YOU.
SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF CERTAIN WARRANTIES OR LIMITATIONS ON CERTAIN DAMAGES, SO SOME OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. HOWEVER, IF ANY LIMITATION OR EXCLUSION OF DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, WE SHALL BE ENTITLED TO THE MAXIMUM LIMITATIONS AND EXCLUSIONS PERMITTED; HOWEVER, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED ONE HUNDRED DOLLARS ($100).
Our Terms of Use and your use of our Site shall be construed, governed by and enforced under the substantive laws of the State of New Jersey applicable to contracts made, executed and wholly performed within the State of Florida. You submit to the jurisdiction of the State and Federal courts situated in Florida, USA in all disputes arising out of or related to the use of the Site or Service and you will not object to jurisdiction or venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. The Uniform Computer Information Transactions Act does not apply to our Terms of Use. Any claim you might have against RFRain must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred.
YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY IN CONNECTION WITH ANY ACTION OR PROCEEDING ARISING UNDER OUR TERMS OF USE OR YOUR USE OF OUR WEBSITE.
You agree to first contact us at support@RFRain.com for any dispute or controversy so as to attempt to resolve the dispute or controversy informally. Any controversy or claim arising out of or related to the use of the Site or product or service that cannot be resolved through such informal process or through negotiation within 120 days shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered may be entered in any court having jurisdiction thereof. The arbitration will be conducted in the English language in the city of New York by a single neutral arbitrator, but may proceed telephonically in the event the total amount of the claim does not exceed $2,500 U.S. dollars (if the claimant so chooses).
You agree that disputes will only be arbitrated on an individual basis and shall not be consolidated, on a class wide, representative basis, or with any other arbitration(s) or other proceedings that involve any claim or controversy of any other party. If for any reason this arbitration clause is unenforceable or inapplicable, both you and we agree, to the extent permissible by law, to waive any right to pursue any claims on a class action basis. If any portion of this class action waiver is limited, void, or unenforceable, then our agreement to arbitrate under this section will not apply and any controversy or claim must be brought exclusively in the state and federal courts in Tampa or Sarasota, Florida.
You acknowledge that any breach, threatened or actual, of our Terms of Use, including, without limitation, with respect to unauthorized use of RFRain proprietary assets, will cause irreparable injury to RFRain, such injury would not be quantifiable in monetary damages, and RFRain would not have an adequate remedy at law. You therefore agree that RFRain shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of our Terms of Use. Accordingly, you hereby waive any requirement that RFRain post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to RFRain to enforce any provision of our Terms of Use.
Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by us or by any third party.
RFRain has adopted the following procedure regarding copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA”), the text of which is located at http://www.copyright.gov/legislation/dmca.pdf.
THE FOLLOWING INFORMATION IS SOLELY FOR NOTIFYING US THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF E-MAIL ABUSE) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT.
If you believe that your copyrighted work has been used or displayed on our website in a way that constitutes copyright infringement, please report the alleged infringements by completing the following steps and by notifying RFRain’s Designated Agent, as listed below. Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement should be sent ONLY to our Designated Agent.
The Notification of Claimed Infringement must include the following:
Our agent designated to receive claims of copyright or other intellectual property infringement may be contacted as follows: support@RFRAIN.com
The Terms of Use constitute the entire agreement you have with us regarding the subject matter and supersedes any and all prior and/or inconsistent understandings. Our Terms of Use cannot be modified except as set described herein or in a written amendment signed by an authorized representative of ours. No electronic or digital communication of any kind is to be construed as a ‘writing’ for purposes of amending or modifying our Terms of Use or the rights and obligations of the parties hereunder. The illegality, unenforceability or invalidity of any provision is severable and shall not affect or impair the rest of our Terms of Use. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
Headings are purely for reference and shall not affect meaning. In the event that any provision of this Agreement is found by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, you agree that unless it materially affects the entire intent and purpose of this Agreement, the invalidity, voidness, or unenforceability shall affect neither the validity of this Agreement nor the remaining provisions herein, and the provision in question shall be deemed to be replaced with a valid and enforceable provision most closely reflecting the intent and purpose of the original provision. Any provision which must survive any termination of your agreement with us in order to allow us to enforce its meaning shall survive. You may not make or initiate any demand, claim or action against us or any of Samples.com Affiliates, regardless of form or the basis of the claim, more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).
If we believe, have reason to believe or are notified of anything which could compromise or endanger the health or safety of any person, could cause damage (tangible or intangible), could adversely affect, infringe upon or misappropriate anyone else’ rights, harasses or interferes with any other user, interferes with or bypasses security or other protective measures violates any law or regulation or these Terms of Use, we have the right, reserving cumulatively all other rights and remedies available to us at law, in equity and under our agreement with you, to report and provide information to any and all regulatory and law enforcement authorities and agencies and take any action permitted by law.
If you have any questions about these Terms of Use, please email us at support@rfrain.com or write to us at 855-2RFRAIN.