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| Randalocator –“Terms of Use” |
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1. Ownership and Operation
The Randalocator web site belongs to Randall Funding & Development, Inc. Contractor may, in its sole discretion and at any time, modify or discontinue this web site or specific portions of it.
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2. Use of Site Materials
Randall Funding owns the copyright for all of the material on the web site that is not public domain, or has a valid right from a third party to use material on the web site. Randall Funding also owns or has a valid right to use all trademarks, service marks, and trade names used on this web site. No part of the web site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Any modification of the materials or use of the materials for any other purpose is a violation of Contractor’s copyright and other proprietary rights. The use of any such material on any other web site or computer network without Contractor’s written consent is strictly prohibited. User use of the trademarks, service marks and trade names on this web site in any manner other than as authorized in these terms and conditions, or as authorized in writing by Contractor, is strictly prohibited.
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3. Downloaded Software
If User downloads software from this website, the software and all files, images and data relating to the software will be licensed to User by Contractor. User does not own the downloaded software, and Contractor does not transfer ownership of the Software to User. Contractor retains full ownership of and title to the downloaded software and all intellectual property rights related to the software. User may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the software to a human-perceivable form. Software that is downloaded from this web site is subject to United States export control laws. If User downloads software from this web site, User represents and warrants to Contractor that User is not acting in violation of those laws.
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4. Submissions
All comments, suggestions, graphics, ideas(including product and advertising ideas), and other information or materials User submits to Contractor through this web site will become and remain the exclusive property of Contractor, including any future rights associated with such submissions, even if these Terms of Use are later modified or terminated. This means that User disclaims any proprietary rights in such submissions, and User acknowledges Contractor's unrestricted right to use them (or materials or ideas similar to them) in any medium, now and in the future, without notice, compensation or other obligation to User or any other person. It also means Contractor has no obligation to keep Users submissions confidential.
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5. Geographic Scope of Site
Contractor controls and operates this web site from within the United States of America. Unless otherwise specified on or by this web site, this web site is intended to promote only those Contractor products that are sold by Contractor in the United States and its territories, and Contractor makes no representation that the materials in this web site or the products described thereby are appropriate or available for use in other locations. All visitors to this web site are responsible for compliance with all local laws applicable to them with respect to the content and operation of this web site.
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6. Contents of the Web Site – Disclaimer
The materials in this web site (including any graphics, software, recommendations or other materials) and any materials made available through this web site or provided as a result of a submission to this site (I.E., Research Requests) are provided "as is" and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, Contractor disclaims all warranties, express or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Contractor does not warrant or make any representations regarding the use or the results of the use of the materials in this web site in terms of their correctness, accuracy, reliability, or otherwise. The materials in this web site could include technical inaccuracies or typographical errors. These materials could be inaccurate or become inaccurate as a result of developments occurring after their respective dates. Contractor undertakes no obligation to verify or maintain the currency of such information.
Certain links in this web site may link User to other sites on the worldwide web. The linked sites may not be under the control of Contractor and Contractor is in any event not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Contractor is not responsible for webcasting or any other form of transmission received from any linked site. Contractor is providing these links to User only as a convenience, and the inclusion of any link does not imply a referral by Contractor to, or an endorsement by Contractor of, the linked site or any products or services which may be offered there.
This site may contain interpretations and opinions on Federal and State funding programs and processes. In no way is the information intended to supercede or supplant official guidance for the program as contained in and delivered on official Web sites and other official printed material. Links to some of this official information are provided in the “Rules and Official Instructions” section. The user is encouraged to visit and refer to the official agency and program Web sites prior to preparing any documentation in response to any solicitation associated with this or any other public or private funding program.
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7. Operation of the Web Site - Disclaimer
Contractor endeavors to maintain the Randalocator web site and its operation, but is not, and cannot be, responsible for the results of any defects that may exist in the web site or its operation. As to the operation of the web site, Contractor expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to all implied warranties of merchantability or fitness for a particular purpose, title and non-infringement. Contractor makes no warranty that (i) the operation of the web site will meet the user's requirements; (ii) access to the web site will be uninterrupted, timely, secure, free of viruses, worms, trojan horses or other harmful components, or free of defects or errors; (iii) the results that may be obtained from the use of the web site will be accurate or reliable; or (iv) defects will be corrected. User (and not Contractor) assumes the entire cost of all servicing, repair, or correction that may be necessary for User’s computer equipment and software as a result of any viruses, errors or any other problems whatsoever User may have as a result of visiting this web site.
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8. Limitation of Liability
Under no circumstances shall Contractor be liable for any damages or injury, including any direct, special, incidental, consequential, punitive or other damages, that may result from the use of, or the inability to use, the Randalocator web site or any materials in this site, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of the website or information available in the web site. Contractor shall not be liable even if Contractor or a Contractor authorized representative has been advised of the possibility of such damages. These include but are not limited to damages or injury caused by error, omission, interruption, defect, failure of performance, delay in operation or transmission, line failure or computer virus, worm, trojan horse or other harmful component.
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9. Limitations as to Paragraphs 8, 9 and 10
Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to User. However, in no event shall Contractor's total liability to User for damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence, or otherwise) exceed the amount paid by User, if any, for accessing this site.
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10. Postings
Contractor may from time to time monitor or review discussions, chats, postings, and other transmissions on this web site. However, Contractor is under no obligation to do so and assumes no responsibility or liability arising from the content of any such transmissions or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, illegality or inaccuracy contained in any information transmitted to any such locations on this web site. User may not post or transmit any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Contractor will fully cooperate with any law enforcement authorities or court order requesting or directing Contractor to disclose the identity of anyone posting any such information or materials. Contractor may also disclose such information if it has a good faith belief that such disclosure is reasonably necessary to protect the rights, property, or personal safety of Contractor, its customers or the public.
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11. Applicable Law; Jurisdiction
These “Terms of Use” and any disputes arising under or related to these “Terms of Use” (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of the State of California, without reference to its conflicts of law principles. Any legal actions, suits or proceedings arising out of these Terms of Use (whether for breach of contract, tortious conduct or otherwise) will be brought exclusively in the state courts of California or the United States District Court, and User hereby accept and submit to the personal jurisdiction of these California courts with respect to any legal actions, suits or proceedings arising out of these “Terms of Use”. User also waives to the fullest extent permitted by law any right to a trial by jury in any action, suit or proceeding brought to enforce, defend or interpret any right or remedies under, or arising in connection with or relating to, these “Terms of Use.”
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12. No Waiver
No failure on the part of Contractor to enforce any part of these Terms of Use shall constitute a waiver of any of Contractor's rights under these Terms of Use whether for past or future actions on the part of any person. Neither the receipt of any funds by Contractor nor the reliance of any person on Contractor's actions shall be deemed to constitute a waiver of any part of these Terms of Use. Only a specific, written waiver signed by an authorized representative of Contractor shall have any legal effect whatsoever.
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