EFFECTIVE DATE: MARCH 20, 2017
The RADAR Project provides the web site and The RADAR Project Web Application (together, the “Services”) www.theradarproject.org, and is operated by The RADAR Project (“we”, “our”, or “us”) subject to the terms and conditions set forth in these Terms in addition to, not limitation of, the provisions of any other written agreement you have, or may, enter into with The RADAR Project.
The RADAR Project is a nonprofit organization that aims to diminish the impact of violence on individuals and communities. Our mission is to empower victims with proper relief and recovery, encourage efficient reporting and information sharing, revolutionize the response to sexual assault and domestic violence, and create a better world. We strive to crush the stigma and taboo of open public discussion of sexual and domestic violence by empowering victims through the use of technology.
3. CHANGES TO THE TERMS OR SERVICES
The RADAR Project may modify and update these Terms from time to time without notice by posting the updated version. You should review the Terms regularly to make sure you are aware of any changes.The modified Terms will automatically be effective when posted. Continued access or use of the Services following revision of these Terms constitutes your acceptance of the Terms as revised and the revisions will apply to your access and use of the Services. We will keep prior versions of these Terms in an archive and they will be available for review upon request.
We reserve the right to change, modify or discontinue, temporarily or permanently, the Services (or any portion thereof), including any and all Content contained on the Services, at any time without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services (or any portion thereof).
The RADAR Project website and web application is controlled and operated from the United States and are not intended to, and shall not be deemed to, be subject to laws or jurisdictions outside of the United States. The Services may not be appropriate for use in some jurisdictions outside of the United States, and use of the Services is not authorized in any jurisdictions that does not give effect to all of the provisions of these Terms. These Terms shall be governed and construed in accordance with the laws of the Commonwealth of Pennsylvania. You agree that any legal action for any purpose concerning these Terms or the parties’ obligations shall be brought exclusively in a court of competent jurisdiction in the Commonwealth of Pennsylvania, without regard to conflict of laws principles that may arise in the application of the laws of another jurisdiction.You must file any claim or suit related to the Services within one year after it arises.You waive all jurisdictional objections and consent to jurisdiction and venue in Pennsylvania.
You agree that all claims and disputes relating to these Terms will be submitted to and resolved by means of confidential arbitration conducted in West Chester, Pennsylvania. You and The RADAR Project may only litigate to compel arbitration under these Terms or to modify, vacate or enter judgment on the arbitration agreement or judgement. By using our Services you waive your right to a jury trial in connection with any litigation or action arising out of these Terms. The same damages and relief may be ordered by an arbitrator as a court. No arbitration may be joined to another claim involving another user of the Services through a class arbitration action. You agree that any action will be taken on an individual basis.
The RADAR Project may bring an action in law or equity in any court in Pennsylvania, notwithstanding the foregoing, if we have claims against you for violating or threatening to violate our intellectual property rights, violate the security of any person, property, data, proprietary information, or Services. We may seek appropriate relief without proving monetary damages or posting a bond or security.
If you access or use the Services, you do so at your own risk, and you agree to comply with all applicable local, state, and federal laws, rules and regulations in connection with your use of the Services. We may limit the Services availability, in whole or in part, to any person, geographic area, or jurisdiction we choose, at any time and in our sole discretion.
6. ELECTRONIC COMMUNICATIONS
When you contact The RADAR Project or use the Services you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you through email or through the Services. You agree that all agreements, notices, disclosures, and other communications that we provide electronically, satisfy any legal requirement that such communications be in writing.
7. INTELLECTUAL PROPERTY RIGHTS
The RADAR Project, The RADAR Project App, Hear a Pin Drop and other trademarks, service marks, names, and tag lines that are used or displayed on the Services are registered or unregistered trademarks or service marks owned by us in the United States and other countries. This is not a comprehensive list of our trademark rights and we may own other trademark rights. The RADAR Project exclusively owns these trademarks, service marks and names. You may not use these trademarks, service marks, and names in whole, modified, imitated, or partial without prior written consent. Our trademarks may not be copied or used, in whole, partial, imitated or modified form, without our prior written permission. Use of any meta tags or any other “hidden text” utilizing The RADAR Project’s name, trademark, or names is strictly prohibited without our express written permission.
Except for user submitted content, The RADAR Project Content, presentation, selection, arrangement, design, color combinations, aesthetics, and graphical elements are the exclusive property of The RADAR Project. The RADAR Project owns all rights, titles and interest in the Services including without limitation all copyright, other intellectual property and proprietary rights.
Trademarks, products, services, and trade names on the Services that are not owned by us are subject to trademark or other rights of their respective owners.
8. LINKS TO OTHER WEBSITES
For your convenience, the Services may contain links to other websites that we do not own, operate or control. We do not sponsor, endorse, or recommend these websites, and we are not responsiblefor the content and make no guarantees, warranties, representations for the information contained therein or the products or services they provide. When you link to another website, you will leave The RADAR Project website and The RADAR Project Web App and be subject to the terms and conditions and privacy policies of that website. Use of third party websites is taken at your own risk. You should be sure that you read and agree to the policies of linked websites. The RADAR Project is not responsible or liable for any damage or loss incurred by you in connection to products, services, sites, or resources linked through the Services.
9. PERMISSION AND OBLIGATIONS
Right to Use The Services. The RADAR Project provides access to a wide variety of Content. Some of the Content is owned by us, some of the Content may be owned by third parties, such as other users and other organizations. The RADAR Project grants you a non-transferable, non-assignable, non-sublicensable, non-exclusing, revocable limited license to use the Services solely a) for your personal and non-commercial use provided you do not alter, delete any copyright notices and b) to the extent that your use of Content on the Services does not constitute a “fair use” for which you do not need our permission, you seek and obtain written permission from us to use Content found on the Servicesat firstname.lastname@example.org. If you are granted permission to reproduce our materials, or if it constitutes fair use, you must attribute all material on the Services to The RADAR Project. Any other use, distribution, transfer, modification, copying, or displaying of the content and property of The RADAR Project, whether in hard copy or electronic form, is strictly prohibited without written permission of The RADAR Project. You acknowledge that unauthorized use of the Services, Content, and other property could cause irreparable harm to The RADAR Project. We are entitled to all remedies, at law or in equity, including injunctive relief without proving monetary damages or posting a bond or security, for any unauthorized use.
User Accounts. To use the Services you may be asked to register and create an account. When you register you agree to provide complete and accurate information. Your user name and password are for your personal use only and you should keep it confidential. You will be responsible for all usage using your user name and password. You agree to promptly notify us if your account is being used without your authorization. The RADAR Project is not responsible for any losses, damages, or liabilities that are incurred by the misuse of your account with or without your permission. You may be held liable for any losses or damages incurred by The RADAR Project due to someone else using your account either with or without your permission.
Use of Third Party Services. You may be also using the services or products of one or more third parties when you use our Services, including smart phones and internet service providers. Your use of these services and products may be subject to separate terms and policies of use and fees for use. You are responsible for all software, hardware and services and any associated costs necessary to use our Services.
Use of The RADAR Project Web Application. The full range of content and services may only be available if you have paid the required fees. You may use the Web App solely as permitted in these Terms and The RADAR Project’s other policies and statements incorporated into these Terms. Unless agreed to in advance and specifically authorized by The RADAR Project, you may not incorporate any portion of our App into your own programs, sell, distribute, sub license, loan, distribute, or lease the App. You may not use the App for any unlawful purpose. Your rights to use the App will terminate without notice if you fail to comply with any of these Terms. The App and all rights, title, and interest, including all copyrights, trade secrets, proprietary rights, patents are the sole and exclusive property of The RADAR Project.
Conduct on the Site. You agree not to:
- Use the Services such that it adversely affects The RADAR Projects resources or the availability of the Services to others.
- Drop pins maliciously, indiscriminately, with intent to harm third parties, or to interfere with accurate data presentation or collection.
- Post any personal or identifying information. We will not publish, and reserve the right to redact, any identifying information of the abuser or offender including the name, home or business address, email address, employer identity, or any contact information of the abuser or offender.
- Use the Services in any way inconsistent with any local, state, national or international law or regulations or in a fraudulent manner.
- Delete or revise content, remove copyright or trademark or other proprietary rights notices or otherwise tamper with the Services.
- Use the Services in a manner that is harmful to minors, abusive, obscene, threatening, harassing, discriminatory, gratuitously violent, pornographic, lewd, incites violence, incites criminal activity, defamatory, libelous, slanderous, hateful, illegal, bigoted, or invades another’s privacy.
- Advertise or promote use of tobacco, alcohol, illegal drugs, firearms or other weapons.
- Use the Services to misappropriate, infringe or otherwise violate the proprietary or legal rights of any person or entity.
- Infringe on the patent, trademark, copyright, privacy rights, or any other intellectual property rights of any person or entity.
- Introduce software viruses, computer code, files or programs, corrupted data, cancel bots, worms, time bombs, Trojan horses or anything intended to overwhelm, disrupt or damage the Services.
- Advertise or post any junk, bulk-email or mass mailings, commercial solicitations, chain letters or any communication that is off-topic, irrelevant, or any form of spam, contains a charity request, petition, or a pyramid scheme.
- Create a database by downloading and saving Content, systematically collecting, data mining, transmitting, disclosing, or storing Content or personal information of others, providing, or otherwise distributing (whether or not for a fee) such information to any third party.
- Examine or analyze to determine or derive the source code, internal design, algorithms, encryption devices, organization, or otherwise reverse engineer the Service’s operational technology.
- Impersonate any person or entity, or creating a false identity, falsely stating, misleading, or misrepresenting your affiliation with a person or entity, falsely stating, misleading, or misrepresenting the facts in your narrative on the Services, expressing or implying that The RADAR Project endorses any statement you have made or make, or otherwise misleading, misrepresenting or making false statements through the material or information you submit or post.
- Attempt or gain unauthorized access to the Services on accounts other than your own. You may not attempt or obtain any material or information not intentionally made available to you through the Services. You may not attempt or defeat the security measures that we take to protect The RADAR Project, other users, and content on the Services.
- Violate the rights of any third party.
- Duplicate, sell, make derivative uses, publish, display, distribute, resell, trade or exploit any portion of the Services, Content, use or access to the Services for any commercial purpose.
- Frame or mirror any of The RADAR Project’s Content, Services, or portion of the Services. The RADAR Project reserves the right to block any links, and/or demand that the links be removed regardless of reason, entirely at our discretion.
You expressly acknowledge and agree by using our Services that any unauthorized use, or engaging in any of the above activities, is a material breach of these Terms. Such breach may result in sanctions including suspension, termination of access, cancellation of your account and criminal and/or civil liability.
Audit. The RADAR Project has the right and discretion at any time and without notice to audit your use of the Services to determine your compliance with the Terms.
Updates and Upgrades. We may at any time, and without notice, make changes, enhancements, modifications, alterations, or replacements to the software, website, and/or web application. Any changes, updates, upgrades are subject to all terms and conditions of these Terms.
Discontinuing use. If you choose to discontinue use of the Services, these Terms will continue to apply even if you are not using our Services regardless of whether it was voluntarily or because we terminated your access.
10. CONTENT YOU SUBMIT
If you choose to submit, post, comment, or upload any information, video, photos, content, or comments (Content) to the Services where it is obviously publicly available, you consent to our posting and collection of the information without compensation, and grant us permission to use such Content in connection with operation of the Services and our business in general, including advertising and marketing. AnyContent that you submit to the Services, you continue to own, however, you grant The RADAR Project an unrestricted, worldwide, royalty-free, transferable, irrevocable, assignable, perpetual, non-exclusive, and sublicensable right and license to copy, reproduce, transmit, distribute, publicly display, edit, translate, modify, adapt, publish, reformat, create derivative works from, distribute, and perform such Content (in whole or part) and to publish or not publish your name in connection with your Content. You acknowledge and agree that we may incorporate such Content in other works in any media, technology, or form, now known or later developed, and to exercise the same rights with respect to such works without further notice beyond that specified in these Terms. No compensation will be paid in respect to our use of your Content. We are not obligated to post your Content and we may remove your Content at any time, for any reason, at our sole discretion. We are not obligated to use your name to give you attribution or credit for your Content. We do not claim ownership of Content you submit unless otherwise expressly provided. You acknowledge and agree that The RADAR Project may have the same or similar Content under consideration or under development in which The RADAR Project will own all title, rights and interest in what we develop or create without use of your Content. You acknowledge and agree that we are under no obligation to submit to you any Content, including information or materials derived from Content which you submitted, for your approval. We shall not be responsible, nor liable, for any distortion or illusionary effect resulting from publication of your Content submitted by you. You also permit any user of the Services to access, display, view, store, distribute, perform, reproduce, and prepare derivative works of such Content that you have placed in publicly accessible areas of the Services.
You agree to grant us a license to use your Content, however, you retain ownership of the Content and you may continue to transmit, distribute, copy, publicly display or perform, edit, translate, reformat, reproduce, and create derivative work based on your Content.
If you submit, subscribe to, comment or post on our Services where it is readily apparent that the Content will be publicly available:
- You are responsible for your conduct relating to posting Content. You may at any time edit or remove any and all Content your post. If you terminate your account we may remove your Content, but we are under no obligation to do so. You may request that we remove Content posted from public view, however, we have the right to maintain archival copies of your account information and any Content you post may remain in our storage. We reserve the right to make back-up copies and to store Content you post, including drafts that you do not post, indefinitely. However, you acknowledge and agree that we have no obligation or liability for failing to back-up, store, transmit, or for deleting Content.
- You agree that you will not post Content for unlawful purposes or to promote illegal activity. We may suspend or terminate your account and notify law enforcement authorities if you do so.
- You may not create multiple accounts with the intention of exploiting, manipulating, or misusing our Services.
- When posting, you represent and warrant thatContent you submit to the Services fully complies with these Terms, and that you have the right to share the Content in your post, including that: a) you own or control to the extent that you have the right to grant us the license to use the Content, b) our use of the Content does not, and will not, infringe, violate, or misappropriate any third party’s trademark, copyright, trade secret, patent, proprietary right, privacy right, publicity right or any other intellectual property right, c) the Content you submit is accurate and truthful, d) the Content will not cause injury to any person or entity. You shall be solely responsible and liable for any damages resulting from infringement, violation of third party rights, misappropriation, or harm caused by posting on our Services. You agree to indemnify, defend, and hold harmless The RADAR Project, agents, employees, directors, officers, and affiliates against any and all claims liabilities, losses, damages, judgements, demands, and expenses (including reasonable attorneys’fees and costs) for any and all claims arising from the Content you submit to the Services.
- The RADAR Project may or may not pre-screen Content before it is posted. We reserve the right, but have no obligation, to refuse to post your Content without notice in our sole discretion. We reserve the right, but have no obligation, to remove and/or redact any personal or identifying information that is submitted at our own discretion without notice to you.
- The RADAR Project is not obligated to monitor Content posted on the Services. We reserve the right, however, to decide what remains posted on the Services, whether to remove, or to respond to any posts, without notice to the user posting Content. You acknowledge and agree that your reliance on our Services will be at your own risk.
- The RADAR Project reserves the right to disclose Content as necessary to satisfy applicable law, regulation, court order, governmental request, or to otherwise use the Content in any manner regardless of whether the Content is posted or in the event that we refuse to post Content.
- Content posted is the sole responsibility of the user posting the Content. The RADAR Project is only the provider of the Services, we are a forum and are not responsible or liable for any statements, representations, or Content provided by users of the Services. The Content may be harmful, inaccurate, deceptive, offensive, or otherwise inappropriate. The RADAR Project is not responsible or liable for any Content that is uploaded, downloaded, transmitted, or for any defamation, slander, libel, mistakes, falsehoods, omissions, pornography, profanity, or obscenity you may encounter on the Services.
- The views and opinions expressed by users of the Services are not necessarily those of The RADAR Project. We do not endorse any Content, opinion, recommendation, or advice expressed. We encourage discussion, controversial positionsdiscourse, self-expression and taking what may be unpopular positions; however, we reserve the right to take action as we deem appropriate, including removing or redacting comments where the Services are used to disseminate statements and ideas that are harmful or inflammatory. We are a “safe space” for victims, survivors, and thrivers of sexual and/or domestic violence, and we reserve the right to protect that space and other users from gratuitously hurtful commentary or information that perpetuates a “rape culture”, and will do so at our sole discretion.
Third Party Copyright Infringment. We respect the intellectual property rights of others. Pursuant to the Digital Millennium Copyright Act (“DMCA”), please notify us immediately if you believe that your work has been transmitted, copied, posted, or stored, to the Services in a way that infringes your copyright.
We will remove or disable access to such content, within a reasonable period of receiving and reviewing any notice of claimed infringement (or any statement in conformance with 17 U.S.C. § 512(c)(3). Under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or misidentification, may be subject to liability . We will terminate the access of users who are repeat infringers when appropriate. If you are unsure whether certain material infringes the copyrights of others, you should consult an appropriate professional for specific advice.
Accuracy of Content. We are highly interested in, motivated, and attempt to collect and provide information that is complete, current, and accurate. However, despite our efforts, Content and other information available through the Services may occasionally be incomplete, out of date or inaccurate. We make no representation, and are not responsible for information or Content that is inaccurate, not timely, or incomplete.
Feedback. When you submit a suggestion, idea, request, comment, proposal or document to The RADAR Project (Contribution), you agree and acknowledge that: 1) you are not expecting nor entitled to compensation for your Contribution, 2) your Contribution is not the proprietary or confidential property of a third party, 3) The RADAR Project is entitled but not obligated, without notice, to use the Contribution for any purpose either now known or in the future, 4) The RADAR Project is not obligated to maintain any type of confidentiality with respect to the Contribution, 5) The RADAR Project may have something similar to the Contribution already in development, we will own all rights, interest, and title in what we create without the use of your Contribution, 6) you assign all rights, interest and title in your Contribution to The RADAR Project.
Intended Users. The Services are intended for use by adults. By using, browsing, or accessing the Services you affirm that you are: 1) eighteen (18) years or older, or; 2) between the ages of thirteen (13) and seventeen (17) and have permission from a parent or guardian able to give legal consent to use or submit Content; and 3) you have authority to agree to these Terms and are competent, capable of understanding and complying with these Terms.
The RADAR Project does not and will not knowingly market to, contact, or sell products to children under the age of thirteen (13). The RADAR Project does not and will not knowingly allow submission of personally identifying information from a child under the age of thirteen (13). Children under the age of thirteen (13) may want to register for accounts or submit Content to the Services, we require prior written consent from a legal parent or guardian. Please refer to our Privacy statement and carefully review our privacy policies regarding our children under age thirteen (13).
Filtering. We hereby notify you, pursuant to 47 U.S.C Section 230(d), as amended, that parental controls (including filtering services, computer software and hardware) are available that may assist you in monitoring and limiting the access of minors to harmful material. We do not endorse the available services and products. Furthermore, we make no admission that the Content on the Services is harmful to minors by posting this notice.
11. SECURITY AND STORAGE OF INFORMATION
Security. While we try to maintain the security and integrity of the Services, we do not guarantee that they will be secure. Third parties may make unauthorized alterations. If you become aware of unauthorized alterations or breach of security, please notify The RADAR Project immediately. Our Privacy Statement contains additional information regarding security of your information. Violating the security of the Services is strictly prohibited and may result in criminal and civil liability. We may investigate incidents of suspectedsecurity violations and may involve, or cooperate with, law enforcement if a criminal violation is suspected.
Storage. You acknowledge and agree that we may establish internal policies and practices concerning storage of information and Content collected through use of the Services, including the maximum number of pins that may be dropped within a given period of time, amount of time that Content will be retained by the Services, the maximum size of the narrative or Content posted, and the maximum number of pins that may be dropped. Furthermore, you agree that we have the right to modify these practices and policies at our discretion without notice to you. You agree and acknowledge that by use of the Servicesyou consent for us to store any electronic communication on our servers. You agree that we have no responsibility, obligation, or liability for failing to store or deletingany Content. We reserve the right to terminate accounts that are inactive for a certain period of time.
12. NO WARRANTY AND LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOU USE THE SERVICES AT YOUR OWN RISK. THE SERVICES, INCLUDING ANY CONTENT OR SOFTWARE, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES OF ANY KIND. THE RADAR PROJECT AND ITS RELATED PARTIES, INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, AGENTS, REPRESENTATIVES, ASSIGNS AND EMPLOYEES EXPRESSLY DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY, OR IMPLIED, WITH RESPECT TO THE RADAR PROJECT WEBSITE, THE RADAR PROJECT WEB APPLICATION, THE RADAR PROJECT MOBILE APPLICATION, CONTENT, AND ALL PRODUCTS, INFORMATION, AND OTHER MATERIALS OBTAINED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, SUITABILITY, TITLE, ACCURACY OF DATA, NON-INFRINGEMENT, TIMELINESS, RELIABILITY, AND SECURITY.
THE RADAR PROJECT DOES NOT GUARANTEE OR MAKE ANY WARRANTY OR REPRESENTATION THAT THE RADAR PROJECT WEBSITE, WEB APPLICATION, MOBILE APPLICATION, CONTENT, OR ANY INFORMATION, PRODUCTS, OR OTHER MATERIAL OBTAINED THEREON WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR FREE, THAT ERRORS WILL BE CORRECTED, MEET YOUR REQUIREMENTS AND EXPECTATIONS, SAFE, SECURE, UNINTERRUPED, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR DESTRUCTIVE PROPERTIES, TIMELY, NOR THAT CERTAIN HARDWARE OR SOFTWARE WILL BE COMPATIBLE WITH THE WEBSITE, APPLICATION, PROVIDE CONTINUOUS STORAGE OR ACCESS, AND/OR THE SERVER THAT MAKES THE SERVICES AVAILABLE.
THE RADAR PROJECT IS NOT RESPONSIBLE FOR LOSS OR DAMAGE ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR DATA, BUSINESS, OR COMPUTER SYSTEMS THROUGH THE USE OF THE SERVICES. WE ARE NOT RESPONSIBLE OR LIABLE FOR FAILURE OF, OR DAMAGE TO, TELEPHONE OR COMMUNICATION EQUIPMENT, ELECTRONIC OR MECHANICAL EQUIPMENT, THEFT, INTERCEPTION, COMPUTER VIRUSES AND ERRORS. WE MAKE NO REPRESENTATION THAT COMMUNICATIONS AND DATA TRANSMISSION THROUGH THE SERVICES WILL BE SECURE AND NOT INTERCEPTED. USE THE SERVICES AT YOUR OWN RISK AND DISCRETION.
IF YOU POST CONTENT THAT IS DEFAMATORY, CONFIDENTIAL OR VIOLATES THE RIGHTS OF THIRD PARTIES, YOU MAY BE LEGALLY RESPONSIBLE FOR DAMAGES; THE RADAR PROJECT AND SERVICES SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR THE SAME. THE RADAR PROJECT OR THE SERVICES SHOULD NOT BE RELIED UPON REGARDINGHEALTH CONCERNS, MEDICAL CARE, LEGAL RIGHTS, LEGAL COURSE OF ACTION, BUSINESS DEALINGS OR PERSONAL DECISIONS. THE RADAR PROJECT DOES NOT OFFER ADVICE; WE ARE NOT RESPONSIBLE FOR ANYINFORMATION OR CONTENT YOU RECEIVE THROUGH THE SERVICES, WHETHER ORAL OR WRITTEN.YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR ADVICE SPECIFIC TO YOUR CIRCUMSTANCES.
IF YOU ARE A CALIFORNIA RESIDENT, YOU AGREE THAT YOU WAIVE CALIFORNIA CIVIL CODE § 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOTEXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
WITHOUT LIMITING THE GENERALITY OF THIS SECTION 12 OR ANY LIMITATIONS OF LIABILITY OR DISCLAIMERS IN THESE TERMS, THE RADAR PROJECT AND ITS RELATED PARTIES, INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, OFFICERS, REPRESENTATIVES, LICENSORS, AGENTS, OR ASSIGNS MAY NOT BE HELD LIABLE FOR ANY DIRECT, SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, (INCLUDING WITHOUT LIMITATION FOR LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, LOSS OF SECURITY OF INFORMATION YOU SUBMIT TO THE SERVICES, OR INTERCEPTION OF INFORMATION BY THIRD PARTIES) ARISING OUT OF OR CONNECTED WITH (i) THE USE OR INABILITY TO USE THE SERVICES OR THE CONTENT, OR ANY TRANSACTIONS AVAILABLE THROUGH THE SERVICES, OR (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICES OR THE PRODUCTS, CONTENT, OR INFORMATION AVAILABLE THROUGH THE SERVICES, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT OR INFORMATION; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES, OR (v) ANY OTHER MATTER RELATING TO THE SERVICES, EVEN IF THE RADAR PROJECT HAS BEEN ADVISED OF THE POSSIBILITY OF LOSS AND DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES.
THE LIMITATION OF LIABILITY IN THIS SECTION 12 ARE A MATERIAL PART OF OUR AGREEMENT. IT IS POSSIBLE THAT SOME JURISDICTIONS MAY NOT PERMIT THE LIMITATION OF CERTAIN LIABILITIES, IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN TYPES OF DAMAGES. AS SUCH, SOME OF THESE LIMITATIONS, EXCLUSIONS, OR DISCLAIMERS, MAY NOT APPLY TO YOU. HOWEVER, IN ALL CIRCUMSTANCES, IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, OUR MAXIMUM AGGREGATE LIABILITY FOR ALL LOSSES, CLAIMS AND DAMAGES, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US, IN THE SIX (6) MONTHS PRIOR TO THE INCIDENT GIVING RISE TO YOUR CLAIM. THE RADAR PROJECT AND ITS RELATED PARTIES, INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, OR ASSIGNS, UNDER SUCH CIRCUMSTANCES FOR ANY AND ALL LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100).
You agree to indemnify, defend and hold harmless The RADAR Project its related parties including affiliates, parents and subsidiaries, agents, employees, officers, directors, content and service providers, assigns, licensors, and suppliers for, from and against all claims, damages actions, liabilities, losses, judgments, demands, expenses, and costs, (including reasonable attorneys’ fees), made by any third party due to or arising out of 1) your activities or use of the Services, 2) your violation of these Terms and/or any breach of warranties or representation in these Terms, 3) your violation of any law, rule or regulation, or the rights of another, 4) your Content, 5) your misappropriation, infringement, or violation of third party rights. These obligations will continue after your relationship with The RADAR Project or your use of the Services ends. We reserve the right to defend and control any matter subject to indemnification by you, in which event you agree to full cooperation with us, at your own expense.
15. DISCONTINUANCE AND TERMINATION
There is no guarantee that The RADAR Project will continue to provide or offer the Services and may simply terminate or suspend the Services at any time without notice to you. The RADAR Project has the right to remove or modify content on the Services.
We will strictly enforce these Terms. Any violation of the Terms or Privacy Statement by you or a third party on your behalf will be considered a violation by you. We maytake any action necessary and without limitation including warning, suspension, or termination of access to the Services, editing or deleting Content, prosecution and/or litigation. We may use, access, and disclose any Content provided by you to comply with applicable law, including court order or lawful subpoena, or based on our reasonable judgment that disclosure is necessary, or to enforce or apply our agreements (including these Terms), to protect our rights or property, or to protect users of the Services, and other persons or entities from fraudulent, abusive, or unlawful use of the Services.
Your continued use of the Services depends on your compliance with these Terms. The RADAR Project may immediately suspend, access your account, terminate, or change your password, without notice and in our sole discretion (in addition to all additional rights and remedies). Cause for termination or suspension includes, but is not limited to: a) a breach or violation of any provision of these Terms or other incorporated agreements or guidelines; b) any manner that is fraudulent, illegal or in violation of any law or regulation; c) request by law enforcement or other government agencies, d) using the Services in any manner that harms The RADAR Project; e) upon request by you; f) discontinuance, material modification, unexpected security or technical issues of the Services; or g) an extended period of inactivity. Termination or suspension may result in removal of access, banning further use of the Services, deletion of all information and Content associated with your account, and any additional measures that we deem necessary in our sole discretion and without notice to you.
Regardless of the basis for termination or suspension you agree that: 1) you are not entitled to any damages or compensation based on termination or suspension and 2) you do not have a right to bring a claim against us based on termination or suspension. The RADAR Project is not liable to you or any third party for any termination or suspension, loss of access to the Services, or loss of storage. Accessing your account after termination or suspension shall be considered a trespass among other potential claims. Except as may be required by law, we are under no obligation to make any information or files available to you after termination or suspension.
These Terms do not create any partnership, joint venture, employment, or franchise relationship between you and us. This constitutes the entire agreement between you and us, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic). You agree that a printed version of the Terms or any notice given in electronic form is admissible in a judicial or administrative proceeding to the same extent and subject to the same conditions as other documents originally generated and maintained in printed form. These Terms have been prepared in the English language and the English language shall control their interpretation. If any provisions of these Terms is determined to invalid or unenforceable pursuant to applicable law, then that provision will be deemed superseded by a valid and enforceable provision that fulfills the intent of the original provision, all remaining provisions shall continue in effect. Section headings are for convenience only and shall not be used to construe or interpret these Terms. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. No waiver of any portion of the Terms will be valid unless in writing an signed by an officer of The RADAR Project. Neither the course of conduct, or course of dealing between the parties, nor trade practice, shall act to modify any provision of this Agreement. The RADAR Project may assign its rights and duties under this Agreement to any party at any time without notice to you unless required by law. You may not assign, transfer or sublicense your rights and duties under these Terms without our written consent. The RADAR Project is not responsible for the failure to fulfill an obligation due to causes beyond our reasonable control. Nothing in these Terms is in derogation of our right to comply with governmental, court, and law enforcement requests relating to your use of the Services or information submitted to or gathered by us. The RADAR Project reserves all rights not expressly granted in these Terms.
If you have any comments, concerns or questions about the Terms or the Services please contact us at The RADAR Project, P.O. Box 2271, Laguna Hills, CA 92654 or email@example.com.