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Security Rules: you are prohibited from violating or attempting to violate the security of the Site, including, without limitation: accessing data not intended for you or logging into a server or account you are not authorized to access; attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "mail bombing" or "crashing"; sending unsolicited email, including promotions and/or advertising of products or services; forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. You are specifically prohibited from accessing the raw data in Rad data files (".glf files"). If Rad finds files or processes belonging to you pose a threat to the proper technical operation of the system or to the security of other members, Rad reserves the right to delete those files or to stop those processes. If Rad suspects a username is being used by someone not authorized, Rad may temporarily disable access in order to preserve system security. In such case, Rad will contact you in a reasonable time. Use of any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site or taking any action which imposes an unreasonable or disproportionately large load on the Site's infrastructure is expressly prohibited. Violations of these Security Rules may result in civil and/or criminal liability. Rad investigates occurrences of such violations and may involve and cooperate with law enforcement authorities in prosecuting users who are involved in such violations.
Username and Password: you are responsible for maintaining the confidentiality of your username and password. You are responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify Rad of any unauthorized use of your registration, information, username or password.
Indemnification: by using the Site or App you agree to defend, indemnify and hold harmless Rad from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from this Agreement, your breach of this Agreement, your conduct or your use of the Site or App.
Release and Limitations of Liability: you agree to release Rad from any claims, demands and damages (actual, consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to your breach of this Agreement. IN NO EVENT SHALL RAD BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, INCOME, OR DAMAGES RESULTING FROM LOST DATA, INNACURATE INFORMATION, OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, SITE AND THE CONTENT AND/OR ANY DOCUMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT RAD IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS PROHIBIT EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF THIS EXCLUSION OR LIMITATION OF LIABILITY IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, RAD'S MAXIMUM LIABILITY FOR ANY DAMAGES SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES PROVIDED HEREUNDER.
Rad Intellectual Property:
The Site, App and the contents are copyright of RAD, ©2005-2022. All rights reserved. If you post a comment or post to the Site, you specifically agree that:
Return Policy: you may purchase goods through the Site. Most goods on Site are purchased from a third-party, who will email you its return policy with your purchase. Rad is not responsible for returns, warranty or repairs to goods that you purchase through Rad that are shipped by third-party. For goods sold directly by Rad, you will receive a confirmation email from Rad with its return policy. For any return to Rad of a product, a return of merchandise authorization (RMA) must be obtained from Rad prior to return. A 15% restocking fee may apply.
Membership and Software is an annual subscription which is not refundable once purchased. Once you subscribe, you have access to the Rad database, you are presumed to have accessed the database, and therefore received value for your subscription. Rad does not offer refunds or credits for Membership or Software. If you purchase a Membership, and proceed to challenge the charges to your credit card company, you agree Rad may pursue you for collection in Phoenix, Arizona, and Rad will be entitled to attorneys’ fees and costs for its efforts to collect your "charged back" Membership fees. In the event a third-party used your credit card fraudulently, your credit card insurance should cover your losses, and chargeback would be inappropriate.
Cancelation of services occurs upon missed payment or non-payment. If you wish to continue services, you must renew the subscription within 30 days otherwise the device must be sent to Rad for reactivation and pay additional reactivation fees. If you remove an asset from auto renew, that asset will become inactive and unable to access any tracking information 365 days after deactivation. When a device goes inactive, the network subscription automatically shuts off and you have 30 days to reactivate the service. If you do not activate within that time frame, then you have to ship the device to Rad and pay additional fees. This differs from you manually removing the device, which in turn cancels the network subscription.
App End User License Agreement: In addition to the terms set forth in this Agreement, you agree to be bound by the terms of the End User License Agreement found within the App.
Warranties: RAD DOES NOT WARRANT THAT THE SITE, SERVERS OR APP WILL OPERATE ERROR-FREE OR WILL ALWAYS BE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF USE OF THE SITE OR THE APP RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, RAD IS NOT RESPONSIBLE FOR THOSE COSTS. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE APP, SITE AND THE INTERNET IN GENERAL. THE SITE AND APP ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. RAD, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. RAD MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, DATA, SOFTWARE, TEXT, GRAPHICS AND LINKS.
Severability: 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.
Waiver: breach of this Agreement, wholly or in part, may not be waived. Non-action of this Agreement, wholly or in part, shall not be deemed a waiver of any breach, or relinquishment of any other right.
Equitable Relief: Damages at law may be an inadequate remedy for a breach, or threatened breach, of this Agreement and in the event of a breach or threatened breach of any provision hereof, the respective rights and obligations hereunder shall be enforceable by specific performance, injunction or other equitable remedy. Nothing herein contained is intended to, nor shall it, limit or affect any right or rights at law or by statute or otherwise of a Party aggrieved as against the other for a breach or threatened breach of any provision hereof, the respective rights and obligations of the Parties hereunder shall be enforceable in equity as well as at law or otherwise and the mention of any particular remedy shall not preclude a Party from any other remedy it or he might have, either in law or in equity.
Mandatory arbitration and class action waiver for residents of the United States:
READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Application: You and Rad agree these Terms affect interstate commerce and that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. This section is intended to be interpreted broadly and governs any and all disputes between us including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before these Terms or any prior agreement (including, but not limited to, claims related to advertising); and claims that may arise after the termination of these Terms. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.
Initial Dispute Resolution: Most disputes can be resolved without resorting to arbitration. Before taking any formal action, you will contact us at legal@RadGolf.com and provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account). Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with Rad, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.
Binding Arbitration: If the parties do not reach an agreed-upon solution within a period of sixty (60) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including the Terms’ formation, performance, and breach) shall be finally settled by binding arbitration administered by JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000 in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions.
Arbitrator’s Powers: The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms including but not limited to any claim that all or any part of these Terms is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
Filing a Demand: To start an arbitration, you must do the following: (a) Write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (you may find a copy of a Demand for Arbitration at www.jamsadr.com); (b) contact JAMS and follow the appropriate procedures with JAMS to commence the arbitration (c) Send one copy of the Demand for Arbitration to us at: legal@RadGolf.com . Payment of all filing, administration, and arbitrator fees will be governed by JAMS’ applicable consumer rules. The parties shall be responsible for their own attorneys’ fees and costs in arbitration, unless they are authorized by law or the arbitrator determines that a claim was frivolous or brought for an improper purpose or in bad faith.
The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing, unless you and we both agree to another location or telephonic arbitration. For individuals residing outside the United States, arbitration shall be initiated in City of Phoenix, Arizona, United States, and you and Rad agree to submit to the personal jurisdiction of any federal or state court in the City of Phoenix, Arizona in order to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
Class action waiver: The parties agree that arbitration shall be conducted in the party’s respective individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND RAD AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Exception. Litigation of intellectual property and small claims court claims: Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations, or claims arising from or relating to theft, piracy, or unauthorized use of intellectual property in state or federal court with jurisdiction or in the U.S. Patent and Trademark Office to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
30-day right to opt out: You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to legal@RadGolf.com with the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT OUT.” The notice must be sent within thirty (30) days of (a) the effective date of these Terms; or (b) your first date that you used the Services that contained any versions of the Terms that included this version of the mandatory arbitration and class action waiver, whichever is later. Otherwise, you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of these arbitration provisions, Rad also will not be bound by them.
Changes to this Section: If we make any changes to this section, you may reject any such change by sending us written notice within 30 days of the change to legal@RadGolf.com. It is not necessary to send us a rejection of a future change to the Arbitration and Class Action Waiver section of these Terms if you had properly opted out of this Section within the first 30 days after you first accepted these Terms. If you have not properly opted out of this Section after such first 30 days, by rejecting a future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this arbitration provision, as modified by any changes you did not reject. This notification affects these Terms only; if you previously entered into other arbitration agreements with us or enter into other such agreements in the future, your notification that you are opting out of the arbitration provision in these Terms shall not affect the other arbitration agreements between you and us.
Survival: This Section shall survive any termination of your use of the Services.
Jurisdiction, Venue and Applicable Law: This agreement shall be interpreted and governed in accordance with the laws of the State of Arizona. You agree that any action arising under or relating to this Agreement shall be filed in either state or federal court in the City of Phoenix, Arizona and that personal jurisdiction and venue shall be and is proper in such state or federal court. Any dispute arising under or relating to this Agreement shall be submitted to non-binding mediation in the City of Phoenix, Arizona prior to the filing any lawsuit in state or federal court.
Changes: Rad reserves the sole right to make changes at any time to this Agreement at any time. You should periodically review this Statement for updated information on the privacy and security policies. By using the Site or App, you agree to be bound by the terms of this agreement. No physical signature is necessary for this Agreement to have legal effect and to be binding upon the Parties.