This Terms of Use Agreement (this
"Agreement") is a legal agreement between you ("User") and Raider
Performance.com/LDA Technical Consulting, LLC ("Raider Performance"), that
governs your use of this website. By utilizing this Raider Performance.com/LDA
Technical Consulting, LLC website, User acknowledges that he or she has read,
understood, and agrees to comply with the terms and conditions stated within
this Agreement.
Raider Performance may amend these terms and conditions at any time. User's
continued use of this website constitutes acceptance of the terms and conditions
stated at the time of use.
Privacy
Raider Performance may collect information about the Users of its
websites. The owner of Raider
Performance does not sell your personal information to any other companies.
Again, personal information is strictly used to process orders, market Raider
Performance products and programs to you, and enhance your visiting, and
shopping experiences while at our site.
We may disclose personally identifiable information in response to legal
process—for example, in response to a court order or subpoena. We also may
disclose such information in response to a law enforcement agency's request.
Agents and contractors of Raider Performance who have access to personally
identifiable information are required to protect this information in a manner
that is consistent with this privacy notice.
We want to assure you we work diligently to protect against unauthorized
disclosures of information. However, we cannot guarantee that personal
information that is collected will never be disclosed in a manner that is
inconsistent with this privacy notice.
Links
This site may contain links to other sites whose information practices may be
different from ours. Because of this, visitors should consult the privacy
notices of any site they link to from Raider Performance.
User Conduct
User agrees that all the information posted or accessed by User
will be used only for informational or educational purposes. There will be no
commercial or other unauthorized use of interactive features. User will not
engage in any conduct or action that is prohibited by law or violates and
federal, state, or local laws. Users of this site also agree not to distribute,
post, publish or otherwise communicate any content which defames, abuses or
threatens others, which is hateful or racially offensive, or which contains
vulgar, obscene or indecent language or images, or which contains unauthorized
copyrighted material or infringes any patent, trademark, trade secret, copyright
or other proprietary rights of any party.
Corporate Identification and Trademarks
All registered and/or unregistered trademarks and/or service
marks, including the Raider Performance, RP113 and Got 113? logos (collectively, "Marks"), used or referred to on this website are the
property of Raider Performance, its parent, and affiliates unless otherwise
noted. Users may not use, copy, reproduce, republish, upload, post, transmit,
distribute or modify these Marks in any way for any purpose without prior
written permission from Raider Performance.
Proprietary Rights to Content
All materials contained in this website are copyrighted except
where explicitly noted otherwise. © 2011 Raider Performance. All rights
reserved.
User acknowledges and agrees that content, including but not limited to text,
software, music, sound, photographs, video, graphics or other material contained
in this website ("Content") is protected by copyrights, trademarks, service
marks, patents or other proprietary rights and laws. User understands and agrees
that User is permitted to make one (1) copy of such Content for personal use
only. User may not copy, reproduce, distribute or create derivative works from
this Content or use this Content other than as expressly authorized by this
Agreement without prior, express authorization from Raider Performance
Links to Third Party Sites
Raider Performance may provide Users with links to other
websites. These third party sites are not under the control of Raider
Performance and User acknowledges that Raider Performance is not responsible or
liable for any content, advertising, products or other materials available from
such third party sites. User also agrees that Raider Performance shall not be
liable for any loss or damage of any sort incurred as the result of using any
third party's website.
Limitation of Liability
USER EXPRESSLY UNDERSTANDS AND AGREES THAT RAIDER PERFORMANCE
SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL,
CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPT OR OTHERWISE) RESULTING FROM ANY USE
OF, OR INABILITY TO USE, THIS WEBSITE, OR RESULTING FROM ANY ERRORS OR OMISSIONS
IN THE CONTENT OF THIS WEBSITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS
CLAIMED, EVEN IF RAIDER PERFORMANCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
LOSS OR DAMAGE.
NOTE: SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY
TO YOU.
Disclaimer of Warranties
Raider Performance makes no warranty that this website will meet
your requirements or that it will be uninterrupted, timely, secure or error
free; nor does Raider Performance make any warranty as to the results that may
be obtained from the use of this website or as to the accuracy or reliability of
any information obtained through this website. USER UNDERSTANDS AND AGREES THAT
ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS
DONE AT USER'S OWN RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
DONE TO USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF
SUCH CONTENT.
UNLESS EXPRESSLY STATED OTHERWISE, RAIDER PERFORMANCE PROVIDES THIS SITE CONTENT
"AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR
IMPLIED, TO THE FULLEST EXTENT ALLOWABLE BY LAW. THIS INCLUDES THE IMPLIED
WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, AND
FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL RAIDER PERFORMANCE OR ITS
SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION OR LOSS OF INFORMATION)
ARISING OUT OF THE USE OR INABILITY TO USE THE SITE CONTENT, EVEN IF Raider
Performance HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTE: SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN
WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnification
User agrees, at User's expense, to indemnify, defend and hold
harmless Raider Performance, its officers, directors, employees, agents,
affiliates, distributors and licensees from and against any judgment, losses,
deficiencies, damages, liabilities, costs and expenses (including reasonable
attorney's fees and expenses) incurred in connection with or arising from any
claim, demand, suit, action or proceeding arising out of User's breach of this
Agreement or in connection with User's use of this website or any product or
service related thereto.
Venue and Governing Law
This Agreement and the relationship between User and Raider
Performance shall be governed by and construed in accordance with the laws of
the State of New Jersey. Any controversy or claim arising out of or relating to
this Agreement or relating to use of this website and the material contained in
this website shall be resolved in a federal or state court in Morris County.
User agrees that, regardless of any statute or law to the contrary, any claim or
cause of action arising out of or related to this Agreement must be filed within
one (1) year after such claim or cause of action arises or it will be forever
barred.
Waiver/Severability
The waiver by either party of a breach or right under this
Agreement will not constitute a waiver of any subsequent breach or right. If any
provision of this Agreement is found to be invalid or unenforceable by a court
of competent jurisdiction, such provision shall be severed from the remainder of
this Agreement, which will otherwise remain in full force and effect.
Reservation of Rights
Any rights not expressly granted herein are reserved.