Terms of Use

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE

THESE TERMS APPLY EXCLUSIVELY FOR YOUR ACCESS TO AND USE OF THIS WEB SITE, AND THE SERVICES AND INFORMATION OBTAINED THROUGH THIS SITE.

This Web Site (“Site”) is provided by Radiant Sage LLC (“Company”). 

These terms may be changed from time to time at the discretion of Company. Your continued use of the Site after any such changes constitutes your acceptance of the new terms.  IF YOU DO NOT AGREE TO ABIDE BY THESE OR ANY FUTURE TERMS, PLEASE DO NOT USE THE SITE OR DOWNLOAD MATERIALS FROM IT.

Company may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features, at any time.   Company may remove, modify or otherwise change any content, including that of third parties, on or from this Site.   Company may impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability.   Company may terminate your use of the Site at any time in its sole discretion.

1. Proprietary Rights.

Copyrights.  All content on this Site, including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement (“Content”), are either Copyright © 2011 Company or the proprietary property of Company or licensors.  All rights reserved.  The Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Company’ prior written permission, except that you may download and print content for uses that are not competitive with or derogatory to Company, provided that you keep all copyright or other proprietary notices intact.  Please note that this limited consent may be revoked at any time and does not include consent to republish Content on any Internet, Intranet or Extranet site or to incorporate the information in any other database or compilation.  Any other use of the Content is strictly prohibited.  You further agree that you will not systematically extract, collect or harvest, through electronic means or otherwise, any data or data fields from this Site, including but not limited to customer identities. 

Trademarks.   All trademarks on the Site are either trademarks or registered trademarks of Company or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Company.  All page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of Company or its affiliates, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Company.  Other trademarks, registered trademarks, product names, and company names or logos displayed on the Site are the property of their respective owners.

Patents.  Company’ products and processes are covered by one or more patents and are subject to other trade secret and proprietary rights.  Company reserves all such rights.  No transfer or grant of rights under any patents is made or is to be implied by any provision of these Terms of Use. You agree not to infringe upon such rights or decompile, reverse engineer, or disassemble any of Company’ products or processes.

Software.   Any software, including any files, images generated by the software, code, and data accompanying the software (collectively, “Software”), used or accessible through this Site may be used by you solely for accessing and using this Site for purposes expressly stated on the Site, provided that such uses are not competitive with or derogatory to Company.  Company retains full and complete title or license rights, as the case may be, to all intellectual property rights in the Software.  You agree not to copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works from any Software.

2. User Conduct - General.

In using this Site, you agree:

(a) not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliated or linked Web sites;
(b) not to disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked Web sites;
(c) not to upload, post, or otherwise transmit through or on this Site any viruses or other harmful, disruptive or destructive files or to otherwise change or alter any information or content offered by or through this Site;
(d) not to use or attempt to use another’s account, service or system without authorization from Company, or create or use a false identity on this Site;
(e) not to transmit through or on this Site spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings;
(f) not to divulge your username and password to others either on or off the Site;
(g) not to attempt to obtain unauthorized access to the Site or portions of the Site which are restricted from general access.

3. User Conduct - Online Communities and Other Interactive Areas.

The Site contains areas where you may post and share comments with other Site users on a variety of subjects.  You agree that you will not post or otherwise disseminate on or through the Site unlawful, harassing, libelous, tortious, abusive, offensive, threatening, or obscene communications or material of any kind, or materials which infringe or violate any third party’s copyright, trademark, trade secret, privacy or other proprietary or property right, or that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law or regulation; or, that are otherwise objectionable, including without limitation, content that evidences bigotry, racism, sexism, or hatred, or that promotes illegal activities, or physical harm against anyone.   Company reserves the right, but shall not have the obligation to remove any materials it deems objectionable, in its sole discretion.  You agree to hold harmless Company and parties with whom Company has contracted for purposes of hosting or maintaining this Site from all claims based upon communications made or materials posted by them  or use by you of this Site.

4. Online Communications On and Through the Site.

Except as otherwise provided in section 5 below or as otherwise agreed upon in writing, you agree that any communications you transmit to anyone through the Site or copyrighted works you post on the Site, including, without limitation, questions, comments, suggestions, ideas, plans, notes, drawings, configurations, specifications, purchase orders, quotes or requests for quotes, performance data, account information, or other material, data or information (collectively, “Information”), are non-confidential and upon transmission of such information to Company via email or other means you grant to Company an irrevocable, non-exclusive, royalty-free, sub-licensable, world wide license (including but not limited to a copyright license) to use such Information in any media for any purpose in accordance with our Privacy Policy.

5. Privacy Policy.

You acknowledge and agree that Company may collect, use and disclose the data collected in the course of our relationship in the manner identified in our Privacy Policy, which is incorporated by reference as if fully set forth in these Terms of Use.  PLEASE NOTE THAT THE PRIVACY POLICY MAY CHANGE FROM TIME TO TIME AND YOU SHOULD CHECK OUR PRIVACY POLICY FREQUENTLY.

6. Content, Product and Service Information - Limitations.

All content available through the Site, including but not limited to data, technical drawings, configurations, quote and order information, and product or service listings is believed to be accurate.  HOWEVER, YOU SHOULD INDEPENDENTLY EVALUATE THE ACCURACY OF THE INFORMATION AND THE USEFULNESS FOR YOUR PARTICULAR NEEDS OF ANY CONTENT, PRODUCT OR SERVICE AVAILABLE THROUGH THE SITE. Products and services are subject to change without notice. Company does not guarantee that products or services listed online will be available at the time of your order.  All information on the Site is subject to the disclaimers of Section 8 below.

7. Links and Third Party Content.

Links to Other Web Sites.   This Site may from time to time contain links to other Web sites.  These links are provided as a convenience and do not constitute an endorsement, sponsorship or recommendation by Company of -- or responsibility for -- the linked Web sites, any content, services or products available on or through such sites, or the companies associated with such sites.

Links from Other Web Sites.   All links to this Site must be approved in writing by Company, except that Company consents to links in which:

(1) the link is a text-only link containing only the title of the home page of this Site;
(2) the link “points” only to the home page of the Site and not to deeper pages;
(3) the link, when activated by a user, displays the home page of the Site full-screen and not within a “frame” on the linked Web site; and
(4) the appearance, position, and other aspects of the link does not (i) create the false appearance that an entity or its activities or products are associated with or sponsored by Company or its affiliates, or (ii) be such as to damage or dilute the goodwill associated with the name and trademarks of Company  or its affiliates Company.   reserves the right to revoke this consent to link at any time in its sole discretion.
 
Third Party Content.  This Site may contain material, data or information provided, posted or offered by third parties through framing and other technology, including but not limited to general content, advertisements, product or service data and tools, sponsorships or postings in online community discussions.  You agree that neither Company nor its affiliates shall have any liability whatsoever to you for any such third party material, data or information.  Your use of Third Party Content may also be subject to the terms of the applicable content provider’s terms of use and privacy policy. Company does not verify, endorse, or vouch for the content provided by third parties on our web site.  Company is not responsible for the delivery or quality of any goods or services sold, advertised or made available by third parties on our or any other web site. 

8. Disclaimers.

THIS SITE AND THE CONTENT AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  YOU EXPRESSLY AGREE THAT USE OF THIS SITE AND/OR ITS CONTENT IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AND EXCEPT AS EXPRESSLY AGREED TO IN WRITING, COMPANY AND ITS AFFILIATES, DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITE, IS AT YOUR SOLE RISK.  YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL AND CONSEQUENTIAL DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE.

YOU ACKNOWLEDGE THAT COMPANY DOES NOT CONTROL INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE.  EXCEPT AS OTHERWISE AGREED IN WRITING, COMPANY ASSUMES NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY ADVICE, OPINION, STATEMENT OR OTHER CONTENT OR OF ANY PRODUCTS OR SERVICES DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO, FRAMED CONTENT AND THAT RELATED TO SPONSORS THROUGH THE SITE.

COMPANY DOES NOT MAKE ANY WARRANTY THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THIS SITE OR ITS CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED.  NOR DOES COMPANY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE OR ITS CONTENT OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THIS SITE.

COMPANY ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES (WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL AND CONSEQUENTIAL) SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF COMPANY, ITS AFFILIATES, ITS LICENSORS, OR A USER’S OWN ERRORS AND/OR OMISSIONS.

EXCEPT AS SPECIFICALLY AGREED TO IN WRITING AND AS REFLECTED IN OUR PRIVACY POLICY, COMPANY DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THE SITE WILL BE MAINTAINED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN WRITING.

SOME STATES OR COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

9. Limitation of Liability.

EXCEPT AS SPECIFICALLY AGREED TO IN WRITING, UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL COMPANY OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE OR ANY CONTENT OR SERVICES CONTAINED ON THE SITE, OR ACCESSIBLE THROUGH THE SITE RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THE PARTIES ACKNOWLEDGE THAT THIS IS A REASONABLE ALLOCATION OF RISK.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.  IN SUCH EVENT, OUR LIABILITY IS LIMITED TO THE REVENUES WE RECEIVED FROM YOU IN THE TWELVE (12) MONTHS PRECEDING THE APPLICABLE CAUSE OF ACTION.

10. General.

Applicable Law.   These Terms of Use shall be governed by and construed in accordance with the laws of the State of Massachusetts, and the federal laws of the United States of America, without giving effect to its conflict of laws provisions.  You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within the State of Massachusetts.

Other.   Subject to the terms of any other agreements signed by Company for materials and services purchased through this Site, these terms constitute the entire agreement between you and Company governing your use of the Site.  Should any provision in these terms be found invalid or unenforceable for any reason, then that provision shall be deemed severable from the terms and shall not affect the validity or enforceability of the remaining provisions.  You agree that any claim arising out of or related to these Terms of Use or your use of the Site must be filed within one year after it arose or be permanently barred.

International Usage.  In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted under your account, and that you will comply with all applicable local, state, national and international laws and regulations, including but not limited to United States export restrictions, that relate to your use of or activities on this Site.  This Site is controlled and operated in the United States.  IF YOU ARE ACCESSING THIS SITE FROM OUTSIDE THE UNITED STATES, AND ARE RESTRICTED UNDER THE LAW OF YOUR JURISDICTION FROM DOING SO, DO NOT ACCESS OR USE THIS SITE.   Company MAKES NO REPRESENTATION THAT THE SITE IS APPROPRIATE OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES.