Welcome to the Radius Flex Logistics, Inc. Platform (“RFL”, “we”, “us”, “our”)
RFL provides websites and applications accessible on the internet.
You are responsible for providing, at your own expense, all of the equipment necessary to use our services, including a computer, modem, and Internet access (including payment of all fees associated with such access).
By accessing and/or using our Platform, you hereby agree that you are solely responsible for any and all of your acts and omissions and you agree not to engage in unacceptable conduct, which includes, without limitation, use of the Platform to: (a) engage in any unlawful purpose; (b) create a false identity, impersonate any person or entity, or otherwise attempt to mislead any person as to the identity or origin of any communication; (c) upload, post, e-mail, transmit, or otherwise make available any content that is false, deceptive, misleading, or deceitful; (d) disclose any sensitive information about another person, including that person`s e-mail address, postal address, phone number, credit card information, or any similar information; (e) disseminate or transmit files, graphics, software, or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, or other intellectual property right of any person or entity; (f) disseminate or transmit material that, to a reasonable person, may be abusive, obscene, tortious, defamatory, libelous, indecent, pornographic, harassing, grossly offensive, vulgar, threatening, invasive of another`s privacy, malicious or promoting violence; (g) victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; (h)access or use the Platform to collect any market research for a competing business; (i) disseminate or transmit unsolicited messages, chain letters, or unsolicited commercial e-mail; (j) use the Platform to engage in any commercial activities, including, without limitation, raising money, engaging in any pyramid or other multi-tiered marketing scheme, advertising or promoting a product, service, or company; (k) interfere with, disrupt, or attempt to gain unauthorized access to accounts or the computer network; (l) cover, obscure, block, or in any way interfere with any advertisements and/or safety features on the Platform; (m) take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; (n) disseminate or transmit viruses, Trojan horses, or any other malicious code or program; (o) interfere with or attempt to interrupt the proper operation of the Platform through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords through hacking, password or data mining, or any other means; or (o) engage in any other activity deemed by RFL to be in conflict with the letter or intent of this Agreement.
All Platform content, design, text, graphics, images, sound recordings, audiovisual works, software, and interfaces (collectively referred to as the “Content”); the collection, selection, and arrangement thereof are the property of, or duly licensed to, RFL and is protected under both United States and foreign copyright laws.
You are only permitted to use the Content as expressly authorized by us. You may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from our Platform in any form or by any means without prior written permission from us, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on our Platform. Any unauthorized use of the materials appearing on our Platform may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
The trademarks, service marks, titles, characters, names, graphics, button icons, and logos of RFL (the “Trademarks”) used and displayed on the Platform are registered and unregistered trademarks of RFL and protected by trade dress, trademark, unfair competition, and other state, federal, and national laws and may not be copied or imitated, in whole or in part, by any means, including but not limited to the use of framing or mirrors. Nothing in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from part of the Platform is prohibited unless we approve establishment of such a link in advance in writing (electronic or paper). All goodwill generated from the use of Trademarks inures to our benefit.
Although we encourage you to e-mail us, we do not want you to, and you should not e-mail us any content that contains confidential information. With respect to any communications you may send us, including but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information, without compensation to you.
THE RFL PLATFORM IS A PRODUCTIVITY TOOL ONLY. ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
OUR PLATFORM CAN INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES ON OUR PLATFORM AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES ON OUR PLATFORM MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH OUR PLATFORM IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS WITH THIRD PARTIES EXECUTED THROUGH, OR IN CONNECTION WITH OUR PLATFORM, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS PLATFORM FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized RFL spokesperson speaking in his/her official capacity.
NEITHER RFL NOR ANY OF ITS DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, ASSIGNS OR LICENSORS (COLLECTIVELY, "REXI PARTIES") SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; OR LOSS OR DAMAGE TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE PLATFORM, THE SERVICE, OR THE INTERNET WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE.
You agree to defend, indemnify, and hold RFL and RFL Parties harmless from any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, and expenses, including, without limitation, accounting and attorney's fees and costs, arising or resulting from your breach of this Agreement or your access to, use, or misuse of the Platform or the Services. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Platform or the Services, at any time and for any reason without prior notice or liability. We reserve the right to change, remove, suspend, or discontinue all or any part of the Platform or the Services at any time without prior notice or liability. You may terminate your use of our Services at any moment
RFL respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any Content deemed to have been posted or distributed in violation of any such laws. Pursuant to the Digital Millennium Copyright Act (17 U.S.C. Â§ 512(c)(2)) (“Act”), if you believe that content posted on our Platform infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right, please submit a copyright infringement claims to RFL`s copyright agent (email@example.com).
To file a copyright infringement claim, you must provide the following information (please confirm these requirements with your legal counsel, or see the U.S. Copyright Act, 17 U.S.C. Â§512(c)(3), for more information): (a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) A description of the copyrighted work(s) claimed to have been infringed; (c) A description of where the material that you claim is infringing is located on the Platform, sufficient for the service provider to locate the material; (d) a description of the location of the original or an authorized copy of the copyrighted work; (e) Your address, telephone number and email address; (f) A statement by you made under penalty of perjury that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law (“I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent or the law.”); and (g) A statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf (“I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”). Our designated agent under the Act for the receipt of any Notification of Claimed Infringement, which may be given under that Act, is Andrew Drach.
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may at our discretion immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
Applicable laws require that some of the information or communications we send to you be in writing. When using our Platform, you accept that communication with us will be mainly electronic. We may contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information, and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights. Notice by us will be deemed received and properly served immediately when posted on our website or sent by email to the email address which you provided to us. All notices given by you to us must be given to RFL at our mailing address.
This Platform is controlled from our offices within Austin, Texas, USA. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Texas, by accessing our Platform you agree that this Agreement is governed by the laws of the State of Texas, without respect to its conflict of laws provisions. You expressly and irrevocably agree that exclusive jurisdiction for any claim or dispute with RFL or relating in any way to your use of the Service or the Platform resides in the federal and state courts of Texas and you further expressly consent and agree to personal jurisdiction by the state and federal courts sitting in the State of Texas in connection with any such dispute, including any claim involving RFL Parties. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PLATFORM OR THE SERVICES MUST BE COMMENCED BY YOU WITHIN SIX (6) MONTHS AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
If you access the Platform, the Services, or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
Any and all disputes, controversies, claims, or other disagreements arising out of or relating to this Agreement, or the actual or alleged breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitration will be conducted in the English language in Austin, Texas on a confidential basis and in accordance with the United States Arbitration Act. There shall be one arbitrator, named in accordance with such rules.
The section headings are provided merely for convenience and shall not be given any legal import.
If any term or condition of this Agreement is held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties, and the remainder of this Agreement shall remain in full force and effect.
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless expressly stated to be a waiver and communicated to you in writing and no such waiver shall be construed as a waiver in any other or subsequent instance.
RFL may amend this Agreement at any time by posting the amended terms on the Website or directly on our Platform. All amended terms shall automatically be effective. By using our Platform after the effective date of any such amendment, you agree to be bound by any such revisions and should therefore periodically visit this document to determine the then current Agreement to which you are bound.
RFL shall not be deemed to be in breach of this agreement for any delay or failure in performance caused by reasons out of its reasonable control, including any act, event, non-happening, omission or accident such as: failure of a third party to perform; acts of God or a public enemy; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; strikes, lock-outs or other industrial action; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; power outage or other disruptions of communication methods; any actions, acts, decrees, legislation, regulations, or restrictions of any civil, military or regulatory authority; or any other cause which would be out of the reasonable control of RFL. Our performance is deemed suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations may be performed despite the Force Majeure Event.
Moreover, you acknowledge that the Service or Platform may be inaccessible or inoperable for any reason, including, without limitation equipment malfunctions, periodic maintenance procedures or repairs that RFL may undertake from time to time, or causes beyond the control of RFL or which are not reasonably foreseeable by RFL.
The rights and obligations created for you under this agreement may not be assigned to any other party.
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