IMPORTANT: Please read the following before accessing and using this
Site.
The following are the terms and conditions ("Terms") that apply to and govern your use of this Site. These Terms also incorporate our Privacy Statement. BY CHOOSING TO ACCESS AND USE THIS SITE, YOU ARE EXPRESSLY AGREEING TO BE LEGALLY BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, DO NOT ACCESS THE SITE OR ANY PRODUCTS OR SERVICES PROVIDED ON OR THROUGH THE SITE.
Exclusive Terms. Please note that these Terms exclusively govern
your access and use of this Site and do not alter or affect the terms
and conditions of any other agreement that you may have or enter
into with any RDT-USA (“RDT-USA”) entity for any given product
or service. The latter agreement will continue to govern that specific
legal relationship with RDT-USA. However, some pages on this Site
or areas of this Site with restricted access ("Secured Sites", including project extranets or sites engaged in e-commerce) may require the application of additional or special terms and conditions (for example, licensing restrictions to download software) which may be accessed through a separate link on the home page of that Site.
Modifications to Site. In order to improve our service to you, we
reserve the right to make changes in the access, operation, and content
of this Site at any time without notice. We also reserve the right
to make changes in the Terms and the Privacy Statement. Please check
before each use for changes.
Member Accounts; Password; and Secured Sites: Access to some areas
on this Site is restricted to users ("Authorized User(s)") who have completed a registration process and who have then been granted authorization for access through issuance of a unique user ID and password ("Secured Site(s)"). No other persons other than Authorized Users may access these Secured Sites. Registrations, passwords, and user IDs are non-transferable. As an Authorized User, you are responsible and liable to maintain the security and confidentiality of your password and user ID, and accordingly, you are liable for all resulting access, use and activities on these Secured Sites under this ID and password, including any use by others "borrowing" the
user ID and password, or any fraudulent, erroneous, or unauthorized third party
use. Should you become aware that your name, identity, account, system, electronic
signature, registration, user ID, password, or other protected data or your identity
is being used or attempted to be used on a Secured Site or otherwise by an unauthorized
third party, or in the event of any other possible error, misuse or fraud, it
is your responsibility to inform us immediately upon discovery so we may take
appropriate action. We reserve the right to terminate any Authorized User's access
to and use of a Secured Site at any time, and without notice, including but not
limited to any possible or alleged misuse, abuse, violation of law, fraud, or
misconduct by any person accessing or using the Secured Site under a user ID
and password.
Intellectual Property and Copyright Notice. You acknowledge that,
unless otherwise specifically designated, RDT-USA is the sole
owner of all intellectual property rights to this Site and its contents,
including but not limited to copyright protection for all content,
including the design, layout, graphics, photos, format, and other
visual elements of the Site. All ownership rights pertaining to the
information and material contained on this Site, including but not
limited to RDT-USAÂ’s name, logos, trademark, graphics, photos,
images, and content, are owned or have been duly licensed by RDT-USA , ALL RIGHTS RESERVED. The Site pages and content may be viewed,
electronically copied or printed in hard copy for informational,
personal or non-commercial use only, provided that no modifications
are made, that it is not published in any media, and that on each
page of every copy, RDT-USA is acknowledged as the source with
a copyright symbol. Nothing contained herein shall be construed as
conferring by implication, estoppel or otherwise any license or right
under any patent, trademark, copyright or other intellectual right
of RDT-USA or any third party. Any use other than that set forth
above, including the non-internal reproduction, modification, copying,
display or use of any copyright-protected RDT-USA or other logo, graphic,
photo or image, without the prior written permission of RDT-USA, is strictly
prohibited and will be enforced to the full extent of the law. RDT-USA makes
no guarantee, representation or warranty that the content of this Site or its
use will not infringe upon the intellectual property right of any person, nor
that the use, transfer, reproduction, distribution, transmission, or storage
of any Site content outside the United States is in compliance with the laws
of any other governmental authority or jurisdiction which may be applicable.
Submissions. Except for data and information submitted pursuant
to an existing agreement with RDT-USA, any ideas, material, or
content submitted by any user on or through this Site (including
by e-mail) shall become, to the extent you own the intellectual property
rights, the sole property of RDT-USA, and RDT-USA has no obligation
of confidentiality nor are we responsible for any claims of infringement
or misappropriation that may result from any submission. Personal
information submitted will be treated in accordance with our Privacy
Statement.
Disclaimer of Warranties. The information on this Site is provided
for general information purposes only. While RDT-USA strives to
provide timely, accurate and complete information, you may discover
some inadvertent typographical, technical, factual, or other errors
or omissions in the information provided. Please bring them to our
attention at webmaster@OmniSeals.com. RDT-USA MAKES NO GUARANTEES,
WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, CONCERNING THE
SECURITY, TIMELINESS, RELEVANCY, SUFFICIENCY, ACCURACY, RELIABILITY,
FITNESS FOR ANY PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR COMPLETENESS
OF ANY DATA, INFORMATION, OR SERVICES FURNISHED TO YOU ON OR THROUGH
THIS SITE, OR CONCERNING THE INFORMATION YOU PROVIDE TO US. WE ARE
PROVIDING THE INFORMATION AND OTHER CONTENT CONTAINED HEREIN ON AN "AS
IS, WHERE IS, AS AVAILABLE" BASIS, AND ALL WARRANTIES (EXPRESS OR
IMPLIED) ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
User Conduct. For the convenience of our users, some areas on this
Site may allow for interactive communication, some of which may be
conducted in "real time".
You agree not to post any content which is or may be, in whole or
in part: false, unlawful, criminal, fraudulent, misleading, infringing,
libelous, slanderous, defamatory, profane, racist, sexist, threatening,
inflammatory, obscene, invasive of personal or privacy rights, advertising,
promoting or soliciting for commercial purposes, containing any known
viruses or bugs, or which is otherwise harmful, offensive, inappropriate,
or unprofessional. RDT-USA has no obligation to monitor, screen,
filter or edit any information, communication, or content that is
directly posted by or shared by users on the Site, however we may
at our discretion from time to time monitor use of the Site, and
we reserve the right to delete or edit any objectionable content
posted or submitted by authorized users, terminate the user's access
to the Site, deny future access, or take any other action we deem
appropriate under the circumstances. Please report any such violations
to us at webmaster@OmniSeals.com. RDT-USA will handle any personally
identifiable data or information posted by you in accordance with
our Privacy Statement, however, any third party liability or usage
which may arise from your posting will be solely at your own risk.
Information obtained through monitoring our Site may also be used
for duly authorized law enforcement investigations. We also reserve
the right to identify and investigate inquiries to the extent required
to comply with applicable laws and regulations, including but not
limited to U.S. export control laws and executive orders. RDT-USA
will have no liability for any content posted by users on any Site
(including Secured Sites).
Compliance with all Laws. You agree that your use of this Site
will be in compliance with all relevant and applicable laws and regulations,
which shall include but not be limited to U.S. export control laws
and executive orders. The information provided on and through this
Site or any Secured Site may be deemed in some cases to be controlled
technology and subject to the export control restrictions of the
United States. IT IS YOUR OBLIGATION TO VERIFY AND COMPLY WITH ALL
APPLICABLE LAWS AND REGULATIONS OF THE UNITED STATES PERTAINING TO
ANY POTENTIAL ACCESS, TRANSFER AND USE OF ANY INFORMATION HEREIN
WHICH MAY BE DEEMED TO BE "CONTROLLED" AS DEFINED BY LAW. This Site
may not be accessed or used by any national of certain countries
or groups against which the United States has instituted sanctions,
Specially Designated Nationals, and other proscribed persons who
are listed on the Denied Parties list. Your access of the Site, including
the presentment of any authorized user ID and password, constitutes
your express representation that (1) the person attempting access
thereunder is not a national of any such sanctioned country or group
or a Specially Designated National, and (2) is not included on such
Denied Parties list, and (3) that, if an Authorized User, you have
not disclosed or provided such password and user ID to any such person
for use under your registration. Users shall be fully liable and
subject to prosecution to the full extent of the law for any violations
of this paragraph, and SUCH USER HEREBY AGREES TO DEFEND, INDEMNIFY
AND HOLD RDT-USA HARMLESS FROM AND AGAINST ANY AND ALL SUCH DAMAGES
AND LIABILITY.
Site Security. So that this Site remains to the extent possible
open and available to all users, we have mechanisms in place to identify
unauthorized attempts to gain access to Secured Sites, upload or
change information or any image, inject any harmful elements, or
otherwise cause damage. Regardless, we do not make any representation
or warranty that the content, information, or links in this Site
are secure and free of data-processing errors, technical glitches,
operational problems, interruptions, errors, bugs, worms, viruses,
unauthorized third party access, or any other harmful elements. YOU
REMAIN SOLELY RESPONSIBLE FOR THE SECURITY AND PROTECTION OF YOUR
SYSTEMS WHEN USING THIS SITE. Unauthorized attempts to upload, insert,
or change any information or image on this Site or cause harm are
strictly prohibited and may be punishable to the full extent of the
law, including the Computer Fraud and Abuse Act and the National
Information Infrastructure Protection Act.
Outside Links. For your information or convenience, this Site may contain
direct links or hyperlinks to websites that are maintained by third
parties. When clicking on such a link, you are leaving our Site.
Therefore, RDT-USA has no control over, does not endorse, and
is not liable for, the quality, operation, reliability, compliance
with laws, ethics, business practices, nor content of such third
party websites, or for any product or service advertised or provided
therein. Any transactions with such third parties, including provision
of your personal information, are strictly at your own risk. We expressly
disclaim all liability arising from your access of and for the content
contained within or through any such third party website.
Access Outside United States. If you are accessing this Site from
outside the United States, you are doing so at your own risk, and
you remain fully responsible and liable for familiarity and compliance
with these Terms as well as with the laws, regulations, directives,
codes, and rules of the United States, including its export compliance
laws and regulations, as well as those of the jurisdiction from which
you are accessing the Site, and any other applicable jurisdiction
which may be involved in the access, transmission, routing, receipt,
disclosure, storage or use of information on this Site, or any commercial
transactions conducted on or through this Site.
Privacy. The use of your personal information given to us during
your visit to our Site is governed by the RDT-USA Privacy Statement,
which is posted on this Site and incorporated into these Terms. You
agree that any personal information you choose to provide to us will
be accurate and truthful to the best of your knowledge.
LIMITATION OF LIABILITY AND INDEMNIFICATION. YOU AGREE THAT RDT-USA AND ITS AFFILIATES AND DIVISIONS, CUSTOMERS, PARTNERS, AND
THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, VENDORS,
SUPPLIERS, LICENSORS, ASSIGNEES, SUCCESSORS, INSURERS AND AGENTS,
ARE NOT LIABLE IN ANY RESPECT FOR ANY DAMAGES (INCLUDING FOR ANY
SPECIAL, INDIRECT, ECONOMIC, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL
DAMAGES) OR LOSS OF ANY NATURE WHICH MAY OCCUR AS A RESULT OF YOUR
ACCESS AND USE OF THIS SITE.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS RDT-USA AND ITS
AFFILIATES AND DIVISIONS, ITS CUSTOMERS AND JOINT VENTURE PARTNERS,
AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS,
VENDORS, ASSIGNEES, AND AGENTS, FOR ANY COSTS, CLAIMS, DAMAGES, LOSSES,
OR OTHER LIABILITIES ARISING FROM YOUR USE OF THE SITE IN BREACH
OF THESE TERMS OR IN VIOLATION OF LAW.
SHOULD THE ABOVE PROVISIONS BE HELD TO BE UNENFORCEABLE FOR ANY REASON,
IN WHOLE OR IN PART, COMPANY'S AGGREGATE LIABILITY TO YOU FOR ANY
REASON CONNECTED TO YOUR USE OF THIS SITE WILL IN NO EVENT EXCEED
THE SUM OF $100.00. ALL OTHER TERMS AND CONDITIONS HEREIN WILL REMAIN
IN EFFECT IN THE EVENT ANY PROVISION SHOULD BE FOUND UNENFORCEABLE.
Applicable Law and Dispute Resolution. You agree that these Terms
will be interpreted under the laws of the State of Texas, regardless
of any conflicts of laws rules, and regardless of the laws of any
other jurisdiction which may be asserted. Any dispute or claim which
you may have ("Claim")
arising from your access or use of the Site shall be first submitted
in writing to RDT-USA within thirty (30) days from the occurrence
of the event upon which such Claim is alleged to be based, or such
Claim shall be deemed waived. Any Claim which has been properly submitted
to RDT-USA which has not been resolved within a reasonable period
time not to exceed six (6) months may be submitted to binding arbitration
as an exclusive alternative to litigation. YOU EXPRESSLY WAIVE ANY
RIGHT TO BRING ANY LITIGATION IN ANY JURISDICTION AGAINST RDT-USA
BASED ON YOUR ACCESS OR USE OF THIS SITE OR UNDER THESE TERMS. Any
arbitration will be administered by the American Arbitration Association
in Houston, Texas, in accordance with its applicable commercial rules
and procedures. Any arbitral award will specifically exclude any
special, indirect, incidental, exemplary, punitive, or consequential
damages.
Entire Agreement. This Terms and Conditions of Use is the entire
and exclusive agreement between the parties, and it supersedes all
previous communications, representations or agreements, either oral
or written, between them with respect to this subject matter. No
representations or statements of any kind made by any affiliate of
RDT-USA, which are not included in these Terms, shall be binding
on RDT-USA or its affiliates.
Waiver. No waiver of any provision herein shall be valid unless
in writing and signed by an authorized representative of both you
and RDT-USA. RDT-USA's failure to insist upon or enforce strict
performance of any provision of these Terms or any right shall not
be construed as a waiver of any such provision or right.
Severability. If any provision of these Terms is determined to be
illegal or unenforceable, such provision shall be automatically reformed
and construed so as to be valid, operative and enforceable to the
maximum extent permitted by law or equity while preserving its original
intent. The invalidity of any part of these Terms shall not render
invalid the remainder of these Terms.
Miscellaneous. These Terms shall enure to the benefit of RDT-USA
and its affiliates. The headings contained herein are for convenience
only and shall have no legal or interpretive effect. Additional terms
and conditions may apply when you use other services, affiliate services,
third party content or third party software on or through a link
provided on the Site.
If you have any questions, comments, or suggestions concerning this
Site, we would like to hear from you. Please contact info@rdt-usa.com.
Last Updated: 1/29/11