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Terms of Use (TOU)

(Updated June 26, 2024)

 

Thank you for visiting this website (‘Sites”) owned and operated by RapidRads, LLC, (“RapidRads”).  These Terms of Use (“Terms”) govern your use of this Site, and all other websites owned and operated by RapidRads. This website and all other websites owned and operated by RapidRads are collective referred to in these Terms as the “Sites.”

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1.ACCEPTANCE OF TERMS

 

These Terms apply to you and all other users of the Sites.  Please read these terms carefully.  By using this or any of the other Sites you agree to comply with and to be bound by these Terms.  By using this Sites, you acknowledge that you have read and agree to be bound by these Terms.  If you do not agree, you must exit the Sites immediately and you may not access or use this Site or any of it features. These terms of this Terms of Use and Privacy Policy, and your obligations under these agreements, continue to apply to you even if you are no longer using the Site services.

 

2. ACCEPTANCE OF PRIVACY POLICY

 

By agreeing to these Terms, you also agree to the terms of our Privacy Policy. Please carefully review our Privacy Policy.  Our Privacy Policy explains the way RapidRads uses, stores, and discloses information you provide to RapidRads and other information regarding you that RapidRads may maintain or store.  All Personal Information provided to us because of your use of this Site will be handled in accordance with our Privacy Policy.  To the extent there are inconsistencies between these Terms and our Privacy Policy, these Terms control.

 

3. MODIFICATION OF TERMS AND PRIVACY POLICY

 

RapidRads reserves the right to update or modify these Terms and the Privacy Policy at any time, without prior notice.  RapidRads shall always post the most current version of the Terms and the Privacy Policy.  You may access the current version of these Terms at any time by clicking on the link marked “Terms of Use” in the universal footer of this Site and any of the other Sites.  Likewise, you may access the most current version of the Privacy Policy at any time by clicking on the link marked “Privacy Policy” in the universal footer of this Site and the other Sites.  Such changes will be effective as of the date RapidRads posts the revised version on this Site and the other Sites.  Your continued use of this Site or any of the other Sites after we have posted revised Terms constitutes your agreement to be bound by the revised Terms.  Likewise, your continued use of this Site or any of the other Sites after we have posted a revised Privacy Policy constitutes your agreement to be bound by the revised Privacy Policy.  If you disagree with any modification to the Terms or Privacy Policy, you must immediately discontinue any use of this Site and the other Sites.

 

4. ELECTRONIC COMMUNICATIONS

 

You are communicating with RapidRads electronically when you send e-mails to us, visit this Site, visit the other Sites, or visit third-party sites that transfer information to us.  You consent to receive communications from us electronically. 

 

5. SURVIVAL

 

These Terms and the Privacy Policy, and your obligations under these Terms and the Privacy Policy, continue to apply to you even if you are no longer using this Site or the other Sites.

 

6. ADULT USAGE ONLY

 

This Site and the other Sites are intended for those who are of the age of majority and able to legally enter binding contracts without any right of rescission.  Accordingly, in using this Site, you represent, warrant, and agree that you are at least eighteen (18) years or older, or otherwise are of the age of majority and able to enter into binding, non-rescindable contracts.

 

7. OWNERSHIP OF THIS SITES AND ITS CONTENT

 

  1. All content, including but not limited to text, graphics, downloads, and software found on this Site and the other Sites (“Content”) is protected under applicable intellectual property and other laws, including without limitation the copyright and trademark laws of the United States and other countries. All Content and intellectual property rights therein are the property of RapidRads or included on this Site with the permission of the rights holder. 

  2. The presence of any Content on this Site does not constitute a waiver of any right in such Content. You do not acquire ownership rights to any such Content.  None of the Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted, or transmitted in any form or by any means, including, but not limited to, electronic or mechanical copying or recording without RapidRads express prior written permission.  

  3. You are hereby granted permission to access and use this Site and to display, download, or print Content of this Site or the other Sites on a temporary basis, provided that you (i) do not modify the Content; (ii) you do not alter or remove any copyright or other proprietary notices contained in the Content; and (iii) you do not copy or post the Content on any network computer, broadcast the Content in any media, or otherwise republish the Content.

  4. You may not reproduce, duplicate, copy, sell, resell, or otherwise exploit or distribute any of the Content for any commercial purpose without express written consent of RapidRads. 

  5. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the Content to anyone, including but not limited to others in the same organization, without RapidRads’ express prior written consent.

  6. Where RapidRads has posted materials of other rights holders on this Site, RapidRads cannot grant permission to reuse or republish such materials.  Content owned by other rights holders may be subject to additional restrictions.  You will need to contact the rights holder directly.

 

8. TRADEMARKS

 

This Site and the other Sites contain trademarks, service marks, company names, abbreviations, acronyms, product names, other trade names, trade dress, logos, icons, buttons, and graphics, print styles, colors, and color schemes (collectively the “Marks”). All Marks appearing within this Site or any of the other Sites, whether registered or not, are the property of RapidRads unless otherwise expressly noted (the “RapidRads Marks”).  Unauthorized use of the marks is expressly prohibited.  You are not authorized to display or use the RapidRads Marks in any manner without RapidRads’ prior written permission. You are not authorized to display or use any of the other Marks without the prior written permission of the owner of such Mark. 

 

9. CONSENT TO OTHER AGREEMENTS

 

This Site offers special features and the opportunity to purchase additional goods and services.  When you sign up to use a special feature or purchase such goods or services, you may be asked to agree to special terms governing your use or purchase. In such cases, you may be asked to expressly consent to the special terms, for example, by checking a box or clicking on a button marked “I agree” or “Submit Order.” This type of agreement is known as a “click–through” agreement. If any of the terms of the click–through agreement are different than the terms of these Terms, the terms of the click–through agreement will supplement or amend this these Terms, but only with respect to the matters governed by the “click–through agreement.”

 

10. USE OF SOFTWARE

 

  1. Any software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") that is made available to download from or for use through the Sites is the copyrighted work of RapidRads and/or its suppliers.  

 

  1. The Software is licensed to you by RapidRads or third-party licensors for your personal use only. RapidRads (or the third-party licensor) retains ownership of all intellectual property rights related to the Software.  We do not transfer title to the Software to you. We (or our third-party licensors) retain full and complete title to the Software and all intellectual property rights relating thereto.

 

  1. You may not redistribute, sell, auction, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law and may result in civil and criminal penalties. Violators may be prosecuted to the maximum extent allowable under law. 

 

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

 

THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, RAPIDRADS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON- INFRINGEMENT.

 

FOR YOUR CONVENIENCE, RAPIDRADS MAY MAKE AVAILABLE AS PART OF THIS SITE, OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. RAPIDRADS DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. SUCH PRODUCTS, TOOLS AND UTILITIES ARE PROVIDED WITHOUT WARRANTY AND ON AN AS-IS BASIS ONLY. YOU MUST RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE WEBSITES OR IN RAPIDRADS SOFTWARE PRODUCTS.

 

11. USER GENERATED CONTENT

 

  1.   You are responsible for anything you post, upload, input or submit to this Site and the other Sites, and for all entries you make when using the SOFTWARE (collectively “User-Generated Content”).  Under no circumstances will RapidRads be liable in any way for any User–Generated Content.  You, not RapidRads, are entirely responsible for all User–Generated Content that you post or otherwise enter, and that you can be held personally liable for User–Generated Content that is defamatory, obscene, or libelous, or that violate these Terms, any obligation of confidentiality, or the rights of others. If any part of the User–Generated Content you post or otherwise enter is not your original work, you must obtain any necessary permission to post or enter it and must indemnify and hold harmless RapidRads if any claim arises from your failure to obtain such permission.

 

  1.  RapidRads does not warrant or guarantee the truthfulness, integrity, suitability, or quality of any User–Generated Content. By accessing this Site or any of the other Sites, you may encounter User–Generated Content that you may consider to be objectionable. RapidRads has no responsibility for any User–Generated Content, including without limitation any errors or omissions therein. RapidRads is not liable for any loss or damage of any kind you may claim was incurred resulting from the use of any User–Generated Content posted, emailed, transmitted or otherwise made available on or through this Site or any of the other Sites. The User–Generated Content posted on or through this Site and the other Sites expresses the personal opinions of the individuals who posted it and does not necessarily reflect the views of RapidRads or any person or entity associated with RapidRads.

 

  1.  You own the copyright in any original User–Generated Content you post or enter. We do not claim any copyrights in User–Generated Content. However, by using this Site or any of the other Sites, you give RapidRads and RapidRads subsidiaries, affiliates, successors and assigns, a nonexclusive, fully paid, worldwide, perpetual, irrevocable, royalty–free, transferable license (with the right to sublicense) to use, copy, modify, distribute, publicly display, perform, publish, translate, transmit, remove, retain repurpose, and commercialize all User–Generated Content you post or otherwise enter.  This license includes the right to republish all User–Generated Content you post or otherwise enter in all media or form of communication whether now existing or hereafter developed, without obtaining additional consent, without restriction, notification, or attribution, and without compensating you in any way, and to authorize others to do the same.  This license also includes the right to publish your name in connection with your User–Generated Content. You agree not to post any User–Generated Content including without limitation any text, drawings, photographs, videos, confidential information, or product ideas, that you do not wish to license to us.

 

  1.   RapidRads is under no obligation to post or use any User–Generated Content you may provide and may remove any User–Generated Content at any time in its sole discretion.  RapidRads has the right (but do not assume the obligation) to (i) monitor all User–Generated Content; (ii) require that you avoid certain subjects; (iii) remove or block any User–Generated Content at any time without notice at our sole and absolute discretion; (iv) disclose any User–Generated Content and the identity of the user who posted or entered it in response to a subpoena or whenever we believe that disclosure is appropriate to comply with the law or a court order, to prevent or investigate a possible crime or other violation of law, to protect the rights of RapidRads or others, or to enforce these Terms; and (v) terminate your access to and use of this Site and the other Sites, or to modify, edit or block your transmissions thereto in our sole discretion.  RapidRads’ exercise of such discretion shall not render RapidRads the owner of User–Generated Content you post or enter, and that you will retain ownership and responsibility for all User–Generated Content you post or enter as described above.

 

  1. When posting or entering User-Generated content you will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or violate any local, state, national or international law, rule, or regulation.  

 

  1. When posting or entering User-Generated content you will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or violate any local, state, national or international law, rule, or regulation. You further agree that the User–Generated Content you post or enter will not:

 

  • Be false, misleading, fraudulent, unlawful, harmful, hateful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic, profane, racially disparaging, indecent, or invasive of another’s privacy;

  • Constitute or encourage activity illegal under criminal or civil law;

  • Be User–Generated Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

  • Violate or infringe upon the rights of others, including User–Generated Content which violates the patent rights, copyrights, trademark rights, privacy rights, publicity rights, trade secret rights, confidentiality rights, contract rights, or any other rights of any individual, living or deceased, or any legal entity;

  • Contain the image, name or likeness of anyone other than yourself, unless (i) that person is at least eighteen years old, and you have first obtained his/her express permission or (ii) that person is under eighteen (18) years old, but you are his/her parent or legal guardian;

  • Contain any request for or solicitation of any personal or private information from any individual;

  • Contain any material that contains software viruses, or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; or

  • Contain any advertising, promotions, or marketing, or which otherwise has a commercial purpose or any request for or solicitation of money, goods, or services.

 

12. REMOVAL OF USER-GENERATED CONTENT

 

  1. You can report objectionable User–Generated Content and other objectionable Content by contacting RapidRads using the information provided below. RapidRads does not have any obligation to remove Content from this Site or any of the other Sites merely because RapidRads receives a removal request.  RapidRads will review all such requests and, in our sole discretion and in accordance with these Terms and applicable law, take whatever action it deems appropriate or take no other action at all. If the Content has already been distributed to other websites or published in other media, RapidRads will not be able to recapture and delete it. Also, one or more archived copies of Content RapidRads removes from this Site, or the other Sites, may remain on back–up servers.

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  1. RapidRads does not knowingly violate or permit others to violate the copyrights of others. We will promptly remove or disable access to material that we know is infringing or if we become aware of circumstances from which infringing activity is apparent.

 

13. DMCA

 

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your own work, or the work of a third party for whom you are authorized to act, is featured on this Site or any of the other Sites, or has been otherwise copied and made available on this Site or any of the other Sites in a manner that constitute copyright infringement, please notify RapidRads immediately. Your notice must be in writing and must include:

 

  • an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest;

 

  • a description of the copyrighted work that you claim has been infringed;

 

  • a description of where the material that you claim is infringing is located on this Sites (including the URL, title and/or item number if applicable, or other identifying characteristics);

 

  • your name, address, telephone number, and email address, and, if you are not the owner of the copyright, the name of the owner; 

 

  • a written statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

 

  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

 

Your statement must be addressed as follows:

 

DMCA Administrator

112 N 12th St. apt 1314

Tampa, Florida 33602

 

Or by e-mail to:  rr@rapidradsmeded.com

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Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident.


 

14. OTHER PROHIBITED USES 

 

As a condition of your use of the Site, and the other Sites, you will not:

 

A.  Use this Site or any of the other Sites for any purpose that is unlawful or prohibited by these terms, conditions and notices;


 

B.  Use this Site or any of the other Sites in any manner that could damage, disable, overburden, or impair any RapidRads server, or the network(s) connected to any RapidRads server, or interfere with any other party's use and enjoyment of the Sites;

 

C.  Attempt to gain unauthorized access to any websites, other accounts, computer systems or networks connected to any RapidRads server or to any of the websites through hacking, password mining or any other means;

 

D.  Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site or any of the other Sites;

 

E.  Use data mining, robots, screen scraping or similar data gathering and extraction tools on this Site or any of the other Sites;

 

F.  Use any meta tags or any other "hidden text" utilizing RapidRads's name or any of the Marks without the express written consent of RapidRads;

 

G.  Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;

 

H.  Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information;

 

I.  Upload, or otherwise make available files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same;

 

J.  Use any material or information, including images or photographs, which are made available through the Sites in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of any party;

 

K.  Upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;

 

L.  Harvest or otherwise collect information about others, including but not limited to e-mail addresses, internet protocol addresses, and metadata;

 

M.  Use this Site or any of the other Sites in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);

 

N.  Violate any applicable laws or regulations; 

 

O.  Use this Site, any of the other Sites, or any of the services or tools made available on this Site or any of the other Sites if you are not able to form legally binding contracts; and

 

P.   Use this Site, any of the other Sites, or any of the services or tools made available on this Site or any of the other Sites in the practice of medicine or the diagnosis and/or subsequent treatment of any and all medical conditions.

 

Any unauthorized use automatically terminates any permission or license granted by RapidRads to you. RapidRads reserves the right to pursue all its legal remedies for your unauthorized use or abuse of this Site or any of the other Sites, or infringement of RapidRads’ rights.

 

15. LINKS TO THIRD PARTY SITES

 

As used herein, “Linked Sites” means and includes any site not operated or controlled by RapidRads.  This Site may provide you with links to Linked Sites and those Linked Sites may provide links to other Linked Sites.  RapidRads may also gather information from such Linked Sites.  RapidRads is not responsible for the content of any of the Linked Sites, any information RapidRads gathers from such Linked Sites, or for any content changes or updates to or from such Linked Sites. RapidRads is providing these links to you, and gathering information from such Linked Sites, only as a convenience. The inclusion of any link does not imply any endorsement, sponsorship, or approval by RapidRads of any of the content of such Linked Sites, any goods or services offered on such Linked Sites, the owners or operators of such Linked Sites, or the commercial activities of the owners or operators of such Linked Sites.  Likewise, the inclusion of such links does not imply that there is any affiliation, connection. or associate between RapidRads and the owners or operators of such Linked Sites. 

 

16. SECURED AREAS/PASSWORDS

 

  1. Some portions of this Site and the other Sites are restricted and require authorization for access.  Before accessing any restricted area of this Site or any of the other Sites, you must create a personal account.  Holding an active personal account may give you the right to access some, but not necessarily all the restricted portions of this Site or the other Sites.  Those areas to which you will be authorized to gain access shall be determined exclusively by RapidRads. 

 

  1. You agree that all personal information you provide to RapidRads to secure a personal account will be true, accurate, current, and complete So long as your personal account remains active you also agree that you will update your information as needed to keep it true, current, complete, and accurate. You hereby agree to notify RapidRads within thirty (30) days or before the next billing cycle, whichever is sooner, of a change in any information you provided us. Failure to provide such new information will constitute a material breach of these Terms.

 

  1. Any account you create, including your username and password, are personal to you and may not be used by anyone else. DO NOT SHARE YOUR USERNAME OR PASSWORD WITH ANYONE. RapidRads will not ask you for your password. If you know or suspect that your password has been compromised, change your password immediately. If you suspect any unauthorized activity related to your account, you should contact RapidRads. RapidRads will not be responsible if you do not properly secure your password or if you choose to share your password with anyone else.

 

  1. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password by you or by anyone else using your username and password, whether authorized by you or not. You agree to change your password immediately if you believe your password may have been compromised or used without authorization. You also agree to immediately inform us of any apparent breaches of security such as loss, theft or unauthorized disclosure or use of your username or password by contacting us using the information provided below. Until we are so notified you will remain liable for any unauthorized use of your account.

 

  1. Unauthorized use of or access to the restricted areas of this Site is prohibited. Actual or attempted unauthorized use of or access to such areas may result in criminal and/or civil prosecution. Attempts to access such areas without authorization may be viewed, monitored, and recorded and any information obtained may be given to law enforcement organizations in connection with any investigation or prosecution of possible criminal activity on this system. If you are not an authorized user of such areas or do not consent to continued monitoring, you should not attempt to access such areas.


 

17. MAINTENANCE/SITES DOWN TIME

 

RapidRads may perform maintenance whenever it deems reasonably necessary. Maintenance is generally scheduled for off-peak hours, such as weekends and evenings.

 

18. DISCLAIMER

 

THIS SITE AND THE OTHER SITES ARE PROVIDED BY RAPIDRADS ON AN "AS IS" AND "AS AVAILABLE" BASIS. RAPIDRADS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITES OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THE SITES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITES IS AT YOUR SOLE RISK. RAPIDRADS RESERVES THE RIGHT TO WITHDRAW OR DELETE ANY INFORMATION FROM THE SITES AT ANY TIME IN ITS DISCRETION. RAPIDRADS DOES NOT WARRANT THAT THE SITES WILL MEET YOUR REQUIREMENTS OR THAT THE SITES WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE. RAPIDRADS MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE ACCURACY OF THE INFORMATION CONTAINED THEREIN, AND DISCLAIMS THE USE OF SAID INFORMATION IN THE PRACTICE OF MEDICINE OR THE DIAGNOSIS AND TREATMENT OF ANY MEDICAL CONDITION.

 

RAPIDRADS DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM ITS CUSTOMERS OVER THE INTERNET, TELEPHONE SYSTEM OR OTHER FORM OF COMMUNICATION SYSTEM. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF EQUIPMENT OR WEBSITES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS CAUSED BY SUCH THIRD PARTIES MAY PRODUCE SITUATIONS IN WHICH THE SITES MAY BE IMPAIRED OR DISRUPTED. ALTHOUGH RAPIDRADS WILL USE COMMERCIALLY REASONABLE EFFORTS TO TAKE ACTIONS IT DEEMS APPROPRIATE TO REMEDY AND AVOID SUCH EVENTS, RAPIDRADS CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, RAPIDRADS DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

 

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, RAPIDRADS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. RAPIDRADS DOES NOT WARRANT THAT THE SITES, ITS SOFTWARE PROVIDED ON THE SITES, ITS SERVERS OR E-MAIL SENT FROM RAPIDRADS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. RAPIDRADS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

 

APPLICABLE LAW MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

 

19. LIMITATIONS OF LIABILITY

 

RAPIDRADS IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY USER–GENERATED CONTENT. ALTHOUGH RAPIDRADS INCLUDES STRICT PROVISIONS REGARDING USER-GENERATED CONTENT IN THESE TERMS, WE DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR WHAT USERS POST USING THIS SITE OR THE OTHER SITES AND ARE NOT RESPONSIBLE FOR ANY OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL, INFRINGING OR OTHERWISE OBJECTIONABLE OR ILLEGAL USER-GENERATED CONTENT YOU MAY ENCOUNTER IN CONNECTION WITH YOUR USE OF THIS SITE OR THE OTHER SITES.

 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS RAPIDRADS, ON BEHALF OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; CLAIMS OF MEDICAL MALPRACTICE OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR ANY OF THE OTHER SITES. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.

 

IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TEN DOLLARS ($10.00).

 

The Sites gives you specific legal rights and you may also have other rights which vary from country to country. Some jurisdictions do not allow certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. Your statutory rights as a consumer, if any, are not affected by these provisions.

 

20. APPLICABLE LAW

 

The laws of the state of Florida, without regard to principles of conflict of laws, govern these Terms as well as any dispute that might arise between you and RapidRads or its affiliates.

 

21. DISPUTES

 

Any dispute relating in any way to your use of this Site or any of the other Sites shall be submitted to confidential arbitration in Hillsborough County, Florida, except that, to the extent you have in any manner violated or threatened to violate RapidRads' intellectual property rights, RapidRads may seek injunctive or other appropriate relief in any state or federal court in the state of Florida, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

 

22. ATTORNEY FEES

 

If RapidRads prevails in any action, suit, or proceeding arising from or based upon these Terms, RapidRads shall be entitled to recover its reasonable attorneys' fees in connection therewith in addition to court costs and other fees and disbursement incurred in such action, suit, or proceeding.

 

23. HEADINGS

 

The headings in these Terms are for convenience only. The heading of any section shall not affect the interpretation of any provision of the rights or obligations of the parties.

 

24. REMEDIES

 

You agree that our entire liability, and your exclusive remedy, in law, in equity, or otherwise, with respect to any claim you assert against RapidRads related to the Sites, these Terms, the Privacy Policy, or procurement of other services, is limited solely to the amount you paid for such services or Five Hundred Dollars ($500.00), whichever is less. IN NO EVENT SHALL RAPIDRADS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, ANY PECUNIARY LOSS RELATED TO THE COST OF PROCURMENT OF SUBSTITUTE SERVICES, LOST EARNINGS, WAGES, BACK WAGES, FUTURE WAGES, OR STATUTORY PENALTIES RELATED TO EMPLOYMENT MATTERS) ARISING OUT OF OR RELATING TO THE USE OF THIS SITES, INABILITY TO USE THE SITES, OR ANY OTHER HARM YOU CLAIM IN WHICH RAPIDRADS MAY BE RESPONSIBLE.

 

25. LIMITATIONS PERIOD

 

Unless prohibited by law, you agree that any cause of action arising out of or related to the services provided to you by RapidRads must commence no later than one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

 

26. WAIVER OF JURY TRIAL

 

EACH OF THE PARTIES HERETO HEREBY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING TO ENFORCE OR DEFEND ANY RIGHTS UNDER THESE TERMS, THE PRIVACY POLICY, OR RELATED TO SITES SERVICES. SUCH WAIVER ALSO INCLUDES ANY HEARING, MOTION, OR APPLICATION RELATED TO ATTORNEYS’ FEES UNRELEATED TO RAPIDRADS’ COLLECTION EFFORTS.

 

27. SUCCESSORS AND ASSIGNS

 

Except as otherwise expressly provided herein, these Terms shall bind and inure to the benefit of the successors, assigns, heirs, executors, and administrators of the parties hereto.

 

28. NON-WAIVER

 

No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of these Terms shall be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No failure or delay by RapidRads in exercising any right, power or privilege hereunder shall operate as a waiver. Similarly, RapidRads’ election to not assert its rights under these Terms shall not preclude RapidRads from asserting its rights in the future.

 

29. NO THIRD PARTY BENFICIARIES

 

Except as expressly provided herein, nothing in these Terms is intended to confer upon any third-party any rights, remedies, obligations, or liabilities.

 

30. INDEMNITY

 

  1. As a user of this Site or any of the other Sites, you agree to indemnify, defend and hold harmless RapidRads and all of its agents, affiliates, officers, employees, subsidiaries, licensors, and assigns from any and all claims, actions, proceedings or demands and all liabilities, claims, damages, losses, costs and expenses, including reasonable attorneys' fees and expenses, made by any third-party or relating to or arising under violations by you of these Terms or the Privacy Policy, your submissions to this Site or any of the other Sites, the services provided by RapidRads to you, your use of any services of this Site or any of the other Sites provided by RapidRads, or your alleged violation of any rights of another. This indemnification provision shall not affect nor impair any person’s right to lawfully pursue claims against other users of this Site or any of the other Sites for their alleged violations of the law. This indemnification obligation is in addition to any other rights or remedies RapidRads may have in law or equity.

 

  1. You agree that RapidRads shall have the right to participate in the defense of any claim asserted against RapidRads. You also agree that RapidRads shall be entitled to retain a counsel of its own choosing at your cost. You further agree to notify RapidRads of your knowledge of any claim against RapidRads. You agree to cooperate fully with RapidRads during such proceedings.

 

31. INTERNATIONAL RESTRICTIONS

 

Use of this Site or the other Sites, and transfer, posting and uploading of software, technology, and other technical data via this Site or the other Sites, may be subject to the export and import laws of the United States and other countries. You agree to, and shall, comply with all applicable export and import laws and regulations. You:

 

  1. Represent that you are not a party identified on any government export exclusion list, including but not limited to the U.S. Denied Persons, Entity, and Specially Designated Nationals Lists, nor will you transfer software, technology, and other technical data via the Sites to parties identified on such lists; 

 

  1. Agree not to use the Sites for military, nuclear, missile, chemical or biological weaponry end uses in violation of U.S. export laws; and

 

  1. Agree not to transfer, upload, or post via this Sites any software, technology, or other technical data in violation of U.S. or other applicable export or import laws.

 

32. OTHER POLICIES

 

Please review our other policies, including without limitation, our Privacy Policy. These policies also govern your visit to RapidRads. We reserve the right to make changes to this Site, our other Sites, our policies, these Terms at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be modified to best reflect the intent of these Terms and our Privacy Policy while remaining legally valid and shall not affect the validity and enforceability of any remaining conditions.

 

33. HYPERLINKING

 

You may not hyperlink to this Sites or any of the other Sites unless you have the advanced written and signed permission from the RapidRads President. If you are granted permission to hyperlink you will have a limited, revocable, nonexclusive right to create a hyperlink provided you comply at all times with all of the following conditions:

 

  • The hyperlink must resolve to RapidRads’ page at https://www.rapidradsmeded.com or to another of RapidRads’ webpages as agreed to in writing as part of the permission.

  • The text of the hyperlink on the linking websites must include the terms “RapidRads” or https://www.rapidradsmeded.com (you may not use any RapidRads logo or other proprietary graphic, including but not limited to banner advertisements, as part of the hyperlink without the prior written permission of RapidRads);

  • The hyperlink and surrounding context on the linking websites must not falsely represent or suggest any relationship between the linking websites and RapidRads (including suggestions of affiliation, endorsement or sponsorship);

  • The hyperlink and surrounding context on the linking websites must not portray RapidRads or its products or services in a false, misleading, derogatory, or otherwise offensive manner; and

  • The hyperlink must deliver users directly to the Sites unaltered, unmodified. and unadulterated in any way by the hyperlinking websites.

 

34. NOTICES

 

RapidRads may provide you with notices, including those regarding changes to these Terms, using various means including but not limited to email, regular mail, text message, postings on this Sites or the other Sites, or other reasonable means now known or hereafter developed.

 

35. REPORTING ABUSE

 

If you have any reason to believe that content on this Site or any of the other Sites violates any law, that any user is using this Sites or any of the other Sites to violate the law, or that any user is violating these Terms or the Privacy Policy, you may inform RapidRads in writing about the facts and circumstances of the alleged abuse/violations. RapidRads may, but is not obligated, to investigate the allegations.

 

36. RECORD RETENTION

 

You agree to comply with all applicable governmental laws, ordinances, rules, and regulations related to the retention of records. Under no circumstances will RapidRads be liable to you for your failure to retain necessary records, nor will RapidRads’ retention (or non-retention) of records act to alleviate your duty under the law.

 

37. CALIFORNIA RESIDENTS

 

In accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

 

38. CONTACTING RAPIDRADS

 

You may RapidRads at:

 

Website Administrator

112 N 12th St. apt 1314

Tampa, Florida 33602

​

or by e-mail to: rr@rapidradsmed.com

 

39. ENTIRE AGREEMENT

 

These Terms (together with our Privacy Policy and any click–through and subscription agreements applicable to you) contain the entire understanding and agreement between you and RapidRads with respect to this Site and the other Sites and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, between you and RapidRads with respect to your use of this Site and the other Sites.

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