| Restrictions
on Use of Our Online Materials
All online materials on the RCAP Solutions site, including,
without limitation, text, software, names, logos, trademarks,
service marks, trade names, images, photos, illustrations
and any other materials are copyrighted intellectual
property. All usage rights are owned and controlled
by RCAP Solutions or by the respective copyright holders
with permission for use granted to RCAP Solutions.
You may download materials for non-commercial, personal
use only provided you 1) retain all copyright, trademark
and propriety notices; 2) you make no modifications
to the materials; 3) you do not use the materials in
a manner that suggests an association with any of our
products, services, events or brands; and 4) you do
not download quantities of materials to a database,
server, nor personal computer for reuse for commercial
purposes. You may not, however, copy, reproduce, republish,
upload, post, transmit or distribute online materials
in any way or for any other purpose unless you get our
written permission first. Neither may you add, delete,
distort or misrepresent any content of the RCAP Solutions
site. Any attempts to modify any online material is
prohibited.
Everything you download, any software, plus all files,
all images incorporated in or generated by the software,
and all data accompanying it, is considered licensed
to you by RCAP Solutions or third-party licensors for
your personal, non-commercial use only. We do not transfer
title of the software to you. That means that we retain
full and complete title to the software and to all of
the associated intellectual property rights. You are
not allowed to redistribute or sell the material or
to reverse-engineer, disassemble or otherwise convert
it to any other form that people can use.
Limitation of Liability
RCAP Solutions will not be liable for any damages
or injury that accompany or result from your use of
this web site. These include, but are not limited to,
damages or injury caused by any:
| • Use of, or inability
to use, the site.
• Use of, or inability to use, any site
to which you hyperlink from our site.
• Failure of our site to perform in the
manner you expected or desired.
• Errors on our site.
• Omissions on our site.
• Defects on our site.
• Interruption of our site’s availability,
or delay in operation or transmission of our site.
• Computer virus or line failure.
|
Please note that we are not liable for any damages,
including but not limited to:
| • Damages intended to
compensate someone directly for a loss or injury
(direct damages).
• Damages reasonably expected to result
from a loss or injury (consequential damages).
• Other miscellaneous damages and expenses
resulting directly from a loss or injury (incidental
damages).
|
EXCEPTION: Certain state laws may not allow us to limit
or exclude liability for consequential or incidental
damages. However, OUR LIABILITY TO YOU FOR ANY LOSSES,
DAMAGES, INJURIES OR CLAIMS OF ANY AND EVERY KIND WILL
NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS OUR
SITE.
Submitting Material to Us Online
All remarks, suggestions, ideas, graphics, comments
or other information that you send to RCAP Solutions
through our web site (other than information we promise
to protect under our Privacy Policy noted below), become
and remain our property, even if this agreement is later
terminated.
You acknowledge that you are responsible for any submission
you make. This means that you (and not we) have full
responsibility for the message, including its legality,
reliability, appropriateness, originality, and copyright.
Monitoring Online Postings
We specifically prohibit all visitors to our website
from posting or transmitting any unlawful, threatening,
libelous, obscene, scandalous, inflammatory, pornographic,
or profane material or any material that could constitute
or encourage what could be considered a criminal offense,
give rise to civil liability or otherwise violate any
law. RCAP Solutions will fully cooperate with authorities
or court orders requesting details of criminal postings.
RCAP Solutions shall have the right in its sole discretion
to edit, refuse to post or remove any material submitted
to or posted on its web site. RCAP Solutions shall have
the right to remove any material that it determines
to be in violation of these provisions or otherwise
objectionable.
Jurisdiction
Unless otherwise specified, the online materials on
our web site are presented to provide information about
the resources of RCAP Solutions. RCAP Solutions was
organized under the laws of the Commonwealth of Massachusetts,
in the United States of America. If you use our site
from locations outside of the United States, you are
responsible for compliance with any applicable local
laws. These Terms of Use, and the agreement they create,
shall be governed by and interpreted according to the
laws of the Commonwealth of Massachusetts. If any provision
of this agreement is unlawful, void or unenforceable,
it will not affect the validity and enforceability of
any remaining provisions. |