This is an Agreement between you and all persons you represent and Remodelers Advantage Inc. (“RA”). This Agreement states the terms and conditions of your use of RA’s website (the “Site”). By accessing or using the Site, you agree to the terms and conditions set forth in this Agreement. If you do not accept these terms and conditions, please do not use the Site. We reserve the right to update these provisions from time to time in our discretion. You should review these provisions periodically for updates and changes. “We”, “our” and similar phrases herein refer to Remodelers Advantage Inc.
2. USE OF THE SITE.
The Site may be used only for lawful purposes. You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site. You agree that any information provided by you will be accurate, complete and up-to-date and will not: (a) be fraudulent or in any way misleading; (b) infringe any third party’s copyright or other intellectual property rights or rights of publicity or privacy; (c) violate any law, statute, ordinance or regulation; or (d) be defamatory, abusive, threatening or harassing, offensive, obscene or sexually explicit. You hereby grant to RA and its agents and contractors a royalty-free perpetual, irrevocable, non-exclusive right and worldwide license to use, reproduce, modify, adapt, publish, translate and distribute any content or information submitted by you (in whole or part) and/or to incorporate it in other works in any media now known or hereafter developed for the full term of any copyright that may exist in such content.
3. DESCRIPTION OF SERVICES.
Through its web properties, RA provides you with access to a variety of resources, including consulting, Remodelers Advantage University, Roundtables, seminars, communication forums, product information and other services offered by RA through its website (collectively “Services”). The Services, including any updates, enhancements, new features, and/or the addition of any new web properties, are subject to this Agreement and to any other policies or regulations applicable to such services that may be posted or that you may be notified of from time to time.
RA, the RA logo, Remodelers Advantage University, PowerTips and our products and services described in the Site, including RemodelersAdvantage.com, are either trademarks or registered trademarks of RA and may not be copied, imitated or used, in whole or in part, without our prior written consent. All page headers, custom graphics, icons and scripts are service marks, trademarks and/or trade dress of RA, and may not be copied, imitated or used, in whole or in part, without our prior written consent. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners.
Copyright © Remodelers Advantage Inc. 1982-2012. All Rights Reserved. The Site and all information (in text, graphical, video and audio forms), images, icons, software, designs, applications, models, data, and other elements available on or through the Site are the property of RA and others and are protected by United States and international copyright, trademark, and other laws. Your use of the Site does not transfer to you any ownership or other rights in the Site or its content.
Notices of claimed copyright infringement should be directed to:
Remodelers Advantage, Inc.
14440 Cherry Lane Ct Ste 201
Laurel, Maryland 20707
Please put “Notice of Infringement” in the subject line of all such notifications.
6. PERMITTED USES OF THE WEBSITE.
The Site may not be copied, imitated, reproduced, republished, transmitted, modified, mirrored or distributed in any way, in whole or in part without our express prior written consent. You may not: (a) upload, download, distribute, or reproduce in any way any such proprietary materials without obtaining our prior consent; (b) alter, remove, or obscure any copyright, trademark, confidentiality, ownership or other notices or markings from the Site, including all screen displays and downloadable documentation; (c) modify, translate, produce a source listing, decompile, disassemble, or reverse engineer the Site; or (d) create derivative versions of any part of the Site; (e) rent, transfer, distribute or grant any rights in the Site in any form.
7. PERSONAL INFORMATION PRIVACY.
8. MEMBER ACCOUNT, PASSWORD, AND SECURITY.
If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. Your email address on file will be your username and your password will be assigned and emailed to you. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify RA immediately of any unauthorized use of your account or any other breach of security. RA will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by RA or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
9. METHOD OF PAYMENT
The client must provide a valid method of payment (credit card or other pre-arranged payment method) prior to and during any time the client receives RA Services. If an automatically renewing service, the Renewal Fees will be due three (3) full days prior to the recurring effective date of the Renewal Period, and will be automatically debited from the client’s credit card prior to that date. The client acknowledges and agrees that the service provider will not require any additional authorization for any recurring payments or automatic billing options.
Accounts are considered in default if the payment is not received with three (3) days after the effective date of the Renewal Period. The service provider may suspend or terminate use of the RA services if the client fails to provide a valid designated payment method upon request, or if RA is unable, for any reason, to bill charges to the client’s designated payment method. If the payment is more than five (5) days past due, the client will be liable for any fees RA incurs in its efforts to collect any unpaid balances.
Any billing problems or discrepancies must be brought to RA’s attention within thirty (30) days from the date the client is billed. If you do not bring them to RA’s attention within thirty (30) days, you agree that you waive your right to dispute such problems or discrepancies with RA. If you have any billing-related questions or want to stop a recurring payment from being charged to your designated payment method call our administrative support number (1-301-490-5620 x101).
10 . OTHER SITES.
You agree to indemnify, defend, and hold RA, its owners, affiliates, officers, directors, agents, and employees, harmless from any claims or demands of any third party, including, but not limited to, attorneys’ fees, resulting from or arising out of your use of the Site, any information submitted by you, or your violation of any terms and conditions of this Agreement.
The Internet is not a secure medium, may be subject to interruption and disruption, and breaches of security and privacy. The operation of the Site may not be continuous or uninterrupted, secure or private.
YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND , WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION REPRESENTATIONS, WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, DURABILITY, AVAILABILITY, TIMELINESS, ACCURACY OR COMPLETENESS, ALL OF WHICH ARE HEREBY DISCLAIMED BY REMODELERS ADVANTAGE TO THE FULLEST EXTENT PERMITTED BY LAW. REMODELERS ADVANTAGE DOES NOT WARRANT THAT THIS WEB SITE WILL BE UNINTERRUPTED OR FREE OF INACCURACIES OR ERRORS, NOR DOES REMODELERS ADVANTAGE WARRANT THAT THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS.
REMODELERS ADVANTAGE WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU FOR ANY LOSS OF USE, LOSS OF INCOME OR PROFITS (ANTICIPATED OR OTHERWISE), SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, RELATING TO YOUR USE OF THE SITE, AND NOTWITHSTANDING THAT REMODELERS ADVANTAGE MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL REMODELERS ADVANTAGE’S TOTAL LIABILITY TO YOU FOR ANY CLAIMS, LIABILITIES, OBLIGATIONS, OR DAMAGES EXCEED $100 (US).
RA has the right, in its sole discretion, to terminate any services of the Site and remove any materials from the Site. RA may also terminate your access to any part or all of the services provided by RA on the Site at any time, including your member account, with or without cause or notice, for any reason. RA shall not be responsible for maintaining or returning any information submitted by you.
RA is based in Laurel, Maryland. This Agreement and your use of the Site shall be governed by Maryland law. No choice of law rules of any jurisdiction will apply. The State and Federal District Courts for Laurel, Maryland shall have exclusive jurisdiction and venue of any action or proceeding arising out of or relating to this Agreement or your use of the Site. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. This Agreement constitutes the entire Agreement between you and RA with respect to the use of the Site. Any changes to this Agreement must be made in writing, signed by an authorized representative of RA. Because you will have access to the information and other valuable proprietary materials of RA, you agree that RA will have the right to enforce this Agreement and any of its provisions by injunction (without being required to show any actual damage or to post an injunction bond), specific performance or any other equitable relief without prejudice to any other rights and remedies that RA may have for the breach of this Agreement