WEB
SITE TERMS-OF-USE AGREEMENT
eRATHSBURG, LLC WELCOMES YOU TO RFIDelivery.com. WE ASK THAT YOU
READ THE FOLLOWING TERMS OF USE, WHICH CONSTITUTE A LICENSE THAT
COVERS YOUR USE OF THIS SITE AND ANY TRANSACTIONS THAT YOU ENGAGE
IN THROUGH THIS SITE (“AGREEMENT”). BY ACCESSING,
VIEWING, OR USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ,
UNDERSTAND, AND AGREE WITH THESE TERMS. IF YOU DO NOT WISH TO
BE BOUND BY THESE TERMS, PLEASE DO NOT USE THIS SITE.
USE OF SITE
This Web site is provided solely for the use of current and future
customers of eRATHSBURG, LLC to provide you with information
about our company, to permit you to place orders for our products
and services, and to enable you to contact us with any questions
or comments that you may have. Any other use of this site is
prohibited. By way of example, you should not use any features
of this site that permit communications or postings to post,
transmit, display, or otherwise communicate:
i. any defamatory, threatening, obscene, harassing,
or otherwise unlawful information;
ii. any advertisement, solicitation, spam, chain
letter, or other similar type of information;
iii. any encouragement of illegal activity;
iv. unauthorized use or disclosure of private, personally
identifiable information of others; or
v. any materials subject to trademark, copyright,
or other laws protecting any materials or data of others in the absence
of a valid license or other right to do so.
SITE CONTENTS AND OWNERSHIP
The information contained on this site, including all images, designs,
photographs, writings, graphs, data, and other materials (“Materials”)
are the property of eRATHSBURG, LLC and are protected by copyrights,
trademarks, trade secrets, or other proprietary rights. Permission
is granted to display, copy, distribute, download, and print portions
of this site solely for the purposes of using this site for the
authorized uses described above. You must retain all copyright
and other proprietary notices on all copies of the Contents. You
shall comply with all copyright laws worldwide in your use of this
Web site and prevent unauthorized copying of the Contents. Except
as provided in this Notice, eRATHSBURG, LLC does not grant you
any express or implied right in or under any patents, trademarks,
copyrights, or trade secret information.
DISCLAIMER OF WARRANTY
You expressly agree that use of this Web site is at your sole risk.
Neither eRATHSBURG, LLC, its affiliates, nor any of their officers,
directors, employees, agents, third-party content providers, or
licensors (collectively, “Providers”), or the like,
warrant that this site will be uninterrupted or error-free; nor
do they make any warranty as to the results that may be obtained
from the use of this site, or as to the accuracy, completeness,
reliability, security, or currency of the Materials.
The Materials may contain errors, omissions, inaccuracies,
or outdated information. Further, eRATHSBURG, LLC does not warrant
reliability of any statement or other information displayed or distributed
through the site. eRATHSBURG, LLC reserves the right, in its sole
discretion, to correct any errors or omissions in any portion of
the site. eRATHSBURG, LLC may make any other changes to this site,
the Materials and the products, programs, services, or prices (if
any) described in this site at any time without notice.
THIS SITE AND THE INFORMATION,
CONTENT, AND MATERIALS ON THIS SITE ARE PROVIDED ON AN “AS IS,” “WHERE
IS,” AND “WHERE AVAILABLE” BASIS. eRATHSBURG, LLC
MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
AS TO THE OPERATION OF THE SITE, THE CONTENT, INFORMATION, OR THE
MATERIALS ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE
LAW, eRATHSBURG, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS
OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT,
OR INFORMATION ON THIS SITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES
OFFERED, SOLD, OR DISPLAYED ON THIS SITE OR YOUR USE OF THIS SITE
GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION,
QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED
OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE
EXTENT SUCH JURISDICTION’S LAW APPLIES TO THIS AGREEMENT.
LIMITATION OF LIABILITIES
YOU AGREE THAT eRATHSBURG, LLC AND ITS PROVIDERS SHALL NOT BE LIABLE
FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR
RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT,
OR INFORMATION ON THIS SITE REGARDLESS OF WHETHER SUCH LIABILITY
IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING,
WITHOUT LIMITATION, A NEGLIGENT ACT, SHALL eRATHSBURG, LLC OR ANY
OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT
LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF
GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION
OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS,
CONTENT, OR INFORMATION ON THIS SITE OR ANY OTHER PRODUCTS, SERVICES,
OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS SITE, YOUR USE
OF, OR INABILITY TO USE, THIS SITE GENERALLY, OR OTHERWISE IN CONNECTION
WITH THIS AGREEMENT, REGARDLESS OF WHETHER eRATHSBURG, LLC OR ANY
OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless eRATHSBURG, LLC,
its affiliates, agents, employees, and licensors from and against
any and all claims and expenses, including reasonable attorney
fees, arising out of or related in any way to your use of the site,
violation of this Agreement, violation of any law or regulation,
or violation of any proprietary or privacy right.
PRIVACY POLICY
Click here to access eRATHSBURG, LLC’s Privacy Policy governing
the use of information that eRATHSBURG, LLC obtains from you through
your use of this Web site.
LIMITATIONS ON CLAIM
Any cause of action you may have with respect to your use of this
site must be commenced within one (1) year after the claim or cause
of action arises.
TERM AND TERMINATION
Without limiting its other remedies, eRATHSBURG, LLC may immediately
discontinue, suspend, terminate, or block your and any user’s
access to this site at any time in our sole discretion.
HYPERLINK DISCLAIMERS
As a convenience to you, we may provide on this site links to Web
sites operated by other entities (collectively the “Linked
Sites”). If you use any Linked Sites, you will leave this
site. If you decide to visit any Linked Site, you do so at your
own risk and it is your responsibility to take all protective measures
to guard against viruses or other destructive elements. Linked
Sites, regardless of the linking form (e.g., hotlinks, hypertext
links, IMG links) are not maintained, controlled, or otherwise
governed by eRATHSBURG, LLC. The content, accuracy, opinions expressed,
and other links provided by Linked Sites are not investigated,
verified, monitored, or endorsed by eRATHSBURG, LLC. eRATHSBURG,
LLC does not endorse, make any representations regarding or warrant
any information, goods, and/or services appearing and/or offered
on any Linked Site, other than linked information authored by eRATHSBURG,
LLC. Links do not imply that eRATHSBURG, LLC or this site sponsors,
endorses, is affiliated or associated with, or is legally authorized
to use any trademark, trade name, logo, or copyright symbol displayed
in or accessible through the links, or that any Linked Site is
authorized to use any trademark, trade name, logo or copyright
symbol of eRATHSBURG, LLC or any of its affiliates or subsidiaries.
Except for links to information authored by eRATHSBURG, LLC. eRATHSBURG,
LLC is neither responsible for nor will it be liable under any
theory based upon (i) any Linked Site; (ii) any information and/or
content found on any Linked Site; or (iii) any site(s) linked to
or from any Linked Site. If you decide to visit any Linked Sites
and/or transact any business thereon, you do so at your own risk.
eRATHSBURG, LLC reserves the right to discontinue any Linked Site
at any time without prior notice. Please contact the Web masters
of any Linked Sites concerning any information, goods, and/or services
appearing thereon.
CONTROLLING LAW, JURISDICTION AND INTERNATIONAL USERS
This Agreement is governed by and shall be construed in accordance
with the laws of the State of Michigan, U.S.A., without reference
to its conflicts of laws provisions. eRATHSBURG, LLC makes no representation
that the materials are appropriate or available for use outside
the United States. If you access this site from outside the United
States, you will be responsible for compliance with all local laws.
You agree to comply with all laws and regulations applicable to
your use of this site. You agree to submit to the personal and
exclusive jurisdiction of the state or federal courts located within
Oakland County, Michigan for any disputes with eRATHSBURG, LLC
arising out of your use of this site.
ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between eRATHSBURG,
LLC and you with respect to this Web site, and it supersedes all
prior or contemporaneous communications and proposals, whether
electronic, oral, or written, between you and eRATHSBURG, LLC with
respect to this Web site. A printed version of this Agreement and
of any notice given in electronic form shall be admissible in judicial
or administrative proceedings based upon or relating to this Agreement
to the same extent and subject to the same conditions as other
business documents and records originally generated and maintained
in printed form. If for any reason a court of competent jurisdiction
finds any provision of this Agreement or portion thereof to be
unenforceable, that provision shall be enforced to the maximum
extent permissible so as to effect the intent of this Agreement,
and the remainder of this Agreement shall continue in full force
and effect. No waiver by either party of any breach or default
hereunder shall be deemed to be a waiver of any preceding or subsequent
breach or default.
MODIFICATIONS TO AGREEMENT
We may revise this Agreement at any time and you agree to be bound
by the revised Agreement. Any such modifications will become effective
upon the date they are first posted to this site. It is your responsibility
to return to this Agreement from time to time to review the most
current terms and conditions. eRATHSBURG, LLC does not and will
not assume any obligation to notify you of changes to this Agreement.
ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES
You agree to be bound by any affirmation, assent, or agreement you
transmit through this Web site, including but not limited to any
consent you give to receive communications from eRATHSBURG, LLC
solely through electronic transmission. You agree that when in
the future you click on an “I agree,” “I consent,” or
other similarly worded “button” or entry field with
your mouse, keystroke, or other computer device, your agreement
or consent will be legally binding and enforceable and the legal
equivalent of your handwritten signature.
