Terms & Conditions

Last updated: December 17, 2018

Please read the following terms and conditions (the "Terms") carefully before using our website at https://raxar.com (“Site”) operated by Raxar Technology Corporation (“Raxar”, "us", "we", or "our").  These Terms specify and describe the terms and conditions regarding your access to and use of the Site. By using the Site, you agree to comply with and be bound by the Terms. If you do not agree to the Terms, you should not use this Site. This Site is intended for adults only and not intended for any children under the age of 13. This Site is intended for adults only, and is not intended for any children under the age of 13. If you are not an adult in your jurisdiction, you are not authorized to use this Site.

Your Privacy

Your visit to our site is also governed by our Privacy Policy.  Our Privacy Policy details how your information is used when you use our Site. To learn more about how we use and process your information, you can visit our Privacy Policy.

Communications

You may subscribe to e-mails, announcements, program updates, and other information we may send by providing us your email address through the Site. However, you may opt-out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send and as further described in our Privacy Policy.


Site Use

Raxar grants you a limited, revocable, nonexclusive license to use this Site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the Site, reverse engineer or break into the Site, or use materials, products or services in violation of any law. The use of this Site is at the discretion of Raxar and we may terminate your use of this Site at any time.  You agree to comply with all applicable laws regarding your use of the Site. You further agree that information provided by you is truthful and accurate to the best of your knowledge.


Raxar reserves the right, and you authorize us, to use and assign all information regarding the use of the Site by you and all information provided by you in any manner consistent with our Privacy Policy.

Availability, Errors and Inaccuracies

We are constantly updating our Site. We may experience delays in updating information on the Site. The information found on the Site may contain errors or inaccuracies and may not be complete or current. Site may be described inaccurately or unavailable on the Site and we cannot guarantee the accuracy or completeness of any information found on the Site. We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Intellectual Property

The Site and its content, features, and functionality are and will remain the exclusive property of Raxar or its licensors and suppliers (collectively, the “Content”). The Site and Content is protected by applicable copyright, trademark, patent and other proprietary rights and laws of both the United States and foreign countries. Our trademarks and trade dress may not be used without the prior written consent of Raxar.  Any copying, redistribution, use or publication by you of any such Content or any part of the Site is prohibited, except as expressly permitted in these Terms. Under no circumstances will you acquire any ownership rights or other interest in any Content by or through your use of this Site.

Our Site may contain links to third party websites that are not owned or controlled by Raxar.

Raxar has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party websites that are linked to, referenced, or made available through this Site. We do not warrant the offerings of any of these third parties (whether such third parties are entities or individuals) or their websites.


You acknowledge and agree that Raxar shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.


We strongly advise that you read the terms and conditions and privacy policies of any third- party websites or services that you visit.

Indemnification

You agree to defend, indemnify and hold harmless Raxar and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Site, b) a breach of these Terms, or c) your use of any Content posted on the Site.

Limitation of Liability

to the maximum extent permitted by applicable law, In no event shall Raxar, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages,  or for any damages for loss of data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Site; (ii) any conduct or content of any third party on the Site; (iii) any content obtained from the Site; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. to the maximum extent permitted by applicable law, In no event shall raxar’s aggregate liability arising from these terms exceed ONE hundred dollars ($100.00).


Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages with respect to consumers (i.e., a person acquiring goods otherwise than in the course of a business), so the exclusions set forth in Sections of these Terms titled “Limitation of Liability” and “Disclaimers” may not apply to you if you are a consumer. The limitations or exclusions of warranties and liability contained in these Terms do not affect or prejudice the statutory rights of a consumer.  The limitations or exclusions of warranties and remedies contained in these Terms shall apply to you (if you are a consumer) only to the extent such limitations or exclusions and remedies are permitted under the laws of the jurisdiction where you are located.


Disclaimer

Your use of the Site and content is at your sole risk. The Site and content is provided on an "AS IS" and "AS AVAILABLE" basis. The Site is provided without, and raxar expressly disclaims any and all, warranties of any kind, whether express, implied or statutory, including, but not limited to, any implied warranties of title, merchantability, accuracy, satisfactory purpose, fitness for a particular purpose, non-infringement, or course of performance.

Raxar does not warrant that a) the Site will function uninterrupted, or that the site or content will be secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Site or content is free of viruses or other harmful components; or d) the results of using the Site or any content will meet your requirements.


Termination

Raxar may terminate these Terms and/or your access to the Site, at any time, with or without notice, for any reason.

Governing Law; Miscellaneous

These Terms shall be governed by and construed in accordance with the laws of Florida, United States, without regard to its conflict of law provisions.


Nothing contained in these Terms or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such.  Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.


Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Site and supersede and replace any prior agreements we might have had between us regarding the Site. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the Site.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect by doing one or more of the following: (1) posting the changes through the Site or (2) sending you an email message about the changes.  What constitutes a material change will be determined at our sole discretion.


By continuing to access or use our Site after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Site.

Compliance

If you are a resident of the European Economic Area (EEA) and believe we maintain your personal data subject to the General Data Protection Regulation (GDPR), we will work with local data protection authorities to address any questions, concerns, or complaints regarding the transfer and or processing of personal data that we cannot resolve with our users directly.

Contact Us

If you have any questions about these Terms, please contact us at privacy@raxar.com.

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