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PLEASE
READ THESE TERMS AND CONDITIONS OF USE CAREFULLY
BEFORE USING OR OBTAINING ANY MATERIALS, INFORMATION,
PRODUCTS OR SERVICES THROUGH THIS SITE.
Road Rage Cards, Inc. ("we" or "us")
offers access to and use of www.roadragecards.com and/or
www.roadragecards.com (“site”) to
you, subject to your acceptance of these terms
and conditions ("Terms"). By accessing,
using or obtaining any content, data, materials,
information, products or services through our
site, you agree to observe these Terms. If you
do not accept all of these Terms, then please
leave our site immediately.
1. OWNERSHIP.
We, along with our service and information
providers, printers and distributors of our materials
("Providers"), own and have copyrights
on our site and all of its contents. You will
not copy, reproduce, republish, upload, post,
transmit, distribute, sell, transfer or modify
any of the content, data, information or materials
found on our site, but you may download, display
and print one copy of the materials presented
on our site on a single computer for your personal,
non-commercial use. Trademarks, logos and service
marks displayed on our site ("Marks")
are our, and our Providers’, registered
and common law Marks. Your use of and access to
our site do not grant you any license or right
to use any of the Marks. You will not use any
robot, spider, other automatic device, or manual
process to monitor materials available through
our site. All software, applications, and modules
used on our site are proprietary to us or licensed
to us by other parties. You may not reproduce,
reverse engineer, create derivative works of,
reverse assemble or reverse compile, sell, lease,
distribute, rent, assign, transfer, or modify
any software on our site.
2. COPYRIGHT AND TRADEMARK
NOTICES. All contents of our site are Copyright
2004, Road Rage Cards, Inc. All rights reserved.
Road Rage Cards, roadragecards.com and roadragecards.com
are trademarks of Road Rage Cards, Inc. Other
product, service and company names listed in our
site may be the trademarks of their respective
owners.
3. USE OF SITE.
You may only use our site if you are at least
18 years of age and can enter into binding contracts
(our site is not available for use by minors).
You are responsible for maintaining the secrecy
of your passwords, login and account information.
You will be financially accountable for all uses
of our site by you and anyone using your password
and login information. You agree to be completely
responsible for all charges, fees, duties, taxes
and assessments arising out of the use of our
site. You also represent and warrant that all
information supplied by you is true and accurate.
You may only use our site to make legitimate purchases.
You may not use our site: to post or transmit
any unlawful, threatening, libelous, defamatory,
obscene, indecent, 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; or for
any other purpose that is unlawful or prohibited
by these Terms. We may, at any time and without
advance notice or liability, terminate or restrict
your access to all or any component of our site.
Your access to our site may not be uninterrupted
or available at all times. We cannot promise that
our site will be error-free, that defects or errors
will be corrected or that our site or the servers
that make it available are free from viruses or
other harmful components. You will not use any
device, software or routine that interferes or
attempts to interfere with the normal operation
of our site or take any action that imposes an
unreasonable load on our computer equipment.
4. USER INFORMATION.
Content you send to us, as between us and you,
whether via e-mail, forms, messages, ideas, and/or
suggestions, becomes our sole property and is
transmitted at your sole risk. You are strictly
prohibited from uploading to our site any material
that contains any virus, worm, "trojan horse",
time bomb, or similar contaminating or destructive
feature. Violators may be prosecuted to the maximum
extent of the law.
5. PRIVACY. You
hereby represent and warrant that you own or have
the right to submit all information you send to
us. Your use of our site is subject to our Privacy
Policy (the “Privacy Policy”). You
represent and warrant that you have read the Privacy
Policy and it is reasonable and acceptable to
you. Your acceptance of these Terms is also your
consent to the information practices in our Privacy
Policy.
6. LINKS. Our site
may contain links to other sites that we do not
operate or control. We are not responsible for
these other sites. We provide these links for
your reference and convenience. We do not endorse
the contents of these other sites. These links
are not an indication of our association with
the owners or operators of any of these other
sites or our endorsement of any material on those
sites. You are free to access these other sites,
but you do so at your own risk. You agree not
to create a link from any site, including any
site controlled by you, to our site without our
express, written permission.
7. WARRANTY DISCLAIMER.
WE MAKE NO, AND OUR PROVIDERS MAKE, NO
WARRANTY OF ANY KIND REGARDING OUR SITE AND/OR
ANY CONTENT, DATA, MATERIALS, INFORMATION, PRODUCTS
OR SERVICES PROVIDED ON OUR SITE, ALL OF WHICH
ARE PROVIDED ON AN "AS IS" BASIS. WE
EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY
THAT OUR SITE WILL BE ERROR-FREE, SECURE OR UNINTERRUPTED.
WE FURTHER DISCLAIM ANY WARRANTY AS TO THE ACCURACY,
COMPLETENESS AND TIMELINESS OF ANY CONTENT OR
INFORMATION FOUND ON OUR SITE. WE EXPRESSLY DISCLAIM
AND OUR PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES
AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING
BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE
OF DEALING OR USAGE OF TRADE. SOME STATES DO NOT
ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO
THIS WARRANTY DISCLAIMER MAY BE LIMITED IN ITS
APPLICABILITY TO YOU. CHANGES ARE PERIODICALLY
ADDED TO THE INFORMATION HEREIN. WE, OUR AFFILIATES,
AND/OR THEIR RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS
AND/OR CHANGES ON THIS WEB SITE AT ANY TIME.
8. USE OF MATERIALS –
AT YOUR OWN RISK. MATERIALS DISTRIBUTED
ON THIS SITE INCLUDING, WITHOUT LIMITATION, THE
“ROAD RAGE CARDS” (COLLECTIVELY, THE
“ROAD RAGE CARDS”) ARE INTENDED SOLELY
FOR ENTERTAINMENT PURPOSES AND ARE MEANT MERELY
TO BE HUMOROUS. ACTUAL USE OF THE ROAD RAGE CARDS,
WHETHER BY POSTING SUCH CARDS ON CAR WINDOWS,
REPEATING STATEMENTS IN SUCH CARDS TO OTHERS OR
ANY OTHER USE IS AT YOUR SOLE RISK AND IS NOT
RECOMMENDED OR ENDORSED BY US OR OUR PROVIDERS.
THE ROAD RAGE CARDS MAY BE DEEMED HARMFUL OR OFFENSIVE
TO OTHERS AND MAY GIVE RISE TO PHYSICAL OR VERBAL
RETALIATION, WHICH MAY RESULT IN INJURY OR EVEN
DEATH. USE OF THE ROAD RAGE CARDS WHILE DRIVING
MAY DISTRACT USERS OR TARGETS OF SUCH USE, WHICH
MAY CAUSE DRVING ACCIDENTS, WHICH MAY ALSO RESULT
IN INJURY OR DEATH.
9. LIMITATION OF LIABILITY.
WE WILL NOT BE, AND OUR PROVIDERS WILL NOT BE,
RESPONSIBLE OR LIABLE FOR (A) ANY DAMAGES TO OR
VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT
OR OTHER PROPERTY AS THE RESULT OF YOUR ACCESS
TO, USE OF OR BROWSING IN OUR SITE OR YOUR DOWNLOADING
OF ANY CONTENT, INFORMATION, MATERIALS, DATA,
TEXT, IMAGES, VIDEO OR AUDIO FROM OUR SITE OR
(B) ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL,
EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL
DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION
LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN
CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE,
THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED
WITH (I) ANY USE OF OUR SITE OR CONTENT, DATA,
MATERIALS OR INFORMATION FOUND THEREIN (INCLUDING,
WITHOUT LIMITATION, THE ROAD RAGE CARDS), (II)
ANY FAILURE OR DELAY, OR (III) THE PERFORMANCE
OR NON-PERFORMANCE BY US OR ANY PROVIDER, EVEN
IF WE HAVE BEEN OR A PROVIDER HAS BEEN ADVISED
OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES
OR ANY OTHER PARTY. THIS DISCLAIMER OF LIABILITY
APPLIES TO ANY DAMAGES OR INJURY CAUSED BY (I)
ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION,
DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,
COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT
OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION
OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT,
TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER
CAUSE OF ACTION OR (II) USE OF THE ROAD RAGE CARDS
NOT IN ACCORDANCE WITH THE LIMITATIONS SET FORTH
IN SECTION 8 ABOVE.
10. DOLLAR LIMITATION.
If, despite the limitations in Sections 7, 8 and
9 above, we are or a Provider is found liable
for any loss or damage which arises out of or
is in any way connected with any of the occurrences
described in such sections, then our liability
and the Providers’ liability will in no
event exceed, in total, the sum of US$250.00.
Some states do not allow the limitation of liability,
so the limitations above may not apply to you.
11. INDEMNIFICATION.
You will defend and indemnify us and any Provider
and each of our officers, directors, employees
and agents from and against any claim, cause of
action or demand, including without limitation
reasonable legal and accounting fees, brought
by you or on your behalf in excess of the liability
described above or by third parties as a result
of your breach of these Terms or the documents
made part of these Terms by reference, your violation
of any law or the rights of a third party or your
use of our site.
12. GENERAL. The
headings in these Terms are for your convenience
and reference only. Such headings do not limit
or affect these Terms. Your acceptance of these
Terms and use of our site do not create a joint
venture, partnership, employment or agency relationship
with us. You may not assign, delegate or transfer
your rights or obligations under these Terms.
We may modify these Terms at any time. Your continued
use of our site, following any modification of
these Terms, will be subject to the Terms in effect
at the time of your use. You will review these
Terms periodically. Your continued use of our
site, following any modification, will be your
acceptance of the modified Terms. Except as described
in the preceding sentences, you and we can only
modify these Terms in a written document signed
or otherwise accepted by you and by us. Other
terms and conditions may apply to your purchases
of services and products through our site and
to your use of other portions of our site. You
will observe these other terms and conditions.
If we fail to act with respect to your breach
or anyone else’s breach on any occasion,
we are not waiving our right to act with respect
to future or similar breaches. If a court finds
any provision of these Terms to be unenforceable
or invalid, that provision will be enforced to
the fullest extent permitted by applicable law
and the other Terms will remain valid and enforceable.
These Terms, together with those items made a
part of these terms by reference, make up the
entire agreement between us and you relating to
your use of our site, and replaces any prior understandings
or agreements (whether oral or written) regarding
your use of our site. The laws of the State of
Nevada (USA), without regard to its conflict of
laws rules, will govern these terms and conditions,
as well as your and our observance of them. If
you take any legal action relating to your use
of our site or these Terms, you agree to file
such action only in the state and federal courts
located in Nevada (USA). In any such action or
any action we may initiate, the prevailing party
will be entitled to recover all legal expenses
incurred in connection with the action, including
but not limited to costs, both taxable and non-taxable,
and reasonable attorneys’ fees. 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 these Terms to the same extent and subject
to the same conditions as other business documents
and records originally generated and maintained
in printed form.
These Terms are effective as of
November 1st, 2004. TOP |
