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BY CLICKING THE "I ACCEPT" BOX OR USING THE RAMSES WEBSITE (THE "SOFTWARE") YOU ARE AGREEING ON BEHALF OF THE ENTITY LICENSING THE SOFTWARE ("COMPANY") THAT
COMPANY WILL BE BOUND BY AND IS BECOMING A PARTY TO THIS SUBSCRIPTION AGREEMENT ("AGREEMENT") AND THAT YOU HAVE THE AUTHORITY TO BIND COMPANY. IF COMPANY
DOES NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT SELECT THE "I ACCEPT" BOX AND DO NOT REGISTER OR USE THE SOFTWARE. COMPANY HAS NOT BECOME A
LICENSEE OF, AND IS NOT AUTHORIZED TO USE THE SOFTWARE UNLESS AND UNTIL IT HAS AGREED TO BE BOUND BY ALL OF THESE LICENSE TERMS. THE "EFFECTIVE DATE" FOR
THIS AGREEMENT SHALL BE THE DAY AND TIME YOU CHECK THE "I ACCEPT" BOX.
RAMSES Inc. provides its service subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice. The most
current version of the TOS can be seen at any time at:http://www.RadonReporting.com/terms.asp
In addition, when using particular RAMSES Inc. services, you and RAMSES Inc. shall be subject to any posted guidelines or rules applicable to such services
which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. RAMSES Inc. also may offer other services
from time to time that are governed by different Terms of Services.
RAMSES Inc. currently provides users with access to a rich collection of CRM (customer relationship management) and SFA (sales force automation) resources,
including, various online tools and services, content and contact management through its network of resources (the "Service"). You also understand and agree
that the service may include certain communications from RAMSES Inc., such as service announcements and administrative messages, and that these communications
are considered part of RAMSES Inc. membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features
that augments or enhances the current Service, including the release of new RAMSES Inc. resurces, shall be subject to the TOS. You understand and agree that
the Service is provided "AS-IS" and that RAMSES Inc. assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user
communications or settings.
You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges).
You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Service.
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the
Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true,
accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or RAMSES Inc. has reasonable grounds
to suspect that such information is untrue, inaccurate, not current or incomplete, RAMSES Inc. has the right to suspend or terminate your account and refuse
any and all current or future use of the Service (or any portion thereof).
Registration Data and certain other information about you are subject to our Privacy Policy. For more information, see our full privacy policy at
http://www.RadonReporting.com/Privacy.asp.
You may receive or create a password and account designation upon completing the Service's registration process. Additionally, you may create additional user
accounts and passwords within your main membership account. You are responsible for maintaining the confidentiality of all passwords and accounts, and are
fully responsible for all activities that occur under your passwords or accounts. You agree to (a) immediately notify RAMSES Inc. of any unauthorized use of
your passwords or accounts or any other breach of security, and (b) ensure that you exit from your accounts at the end of each session. RAMSES Inc. cannot
and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
You understand that all information and data are the sole responsibility of the person from which such Content originated. This means that you, and not
RAMSES Inc., are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. RAMSES Inc. does not
control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will
RAMSES Inc. be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of
any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory,
vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. impersonate any person or entity, including, but not limited to, a RAMSES Inc. official, forum leader, guide or host, or falsely state or otherwise
misrepresent your affiliation with a person or entity;
c. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
d. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual
or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships
or under nondisclosure agreements);
e. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary
rights ("Rights") of any party;
f. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam,"
"chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
g. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
h. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner
that negatively affects other users' ability to engage in real time exchanges;
i. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations
of networks connected to the Service;
j. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated
by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock
Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
k. collect or store personal data about other users.
You acknowledge that RAMSES Inc. does not pre-screen Content, but that RAMSES Inc. and its designees shall have the right (but not the obligation) in their
sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, RAMSES Inc. and its designees shall have
the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with,
the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not
rely on any Content created by RAMSES Inc. or submitted to RAMSES Inc., including without limitation information in RAMSES Inc., message boards, file
repositories, and in all other parts of the Service.
You acknowledge and agree that RAMSES Inc. may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such
preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the
rights of third-parties; or (d) protect the rights, property, or personal safety of RAMSES Inc., its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks;
and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
RAMSES Inc. does not claim ownership of Content you submit or make available for inclusion on the Service. The only Content that you submit to us that we may use
includes your Company or individual name and coresponding trademark, logo, or brand identity for our own use in our marketing material, which may include press
releases, case studies or any other promotional material which we may publish as it pertains to marketing our product and your Company as our client or
customer. You hereby grant that RAMSES Inc. may use your trade dress, logos, marks, and trade names to use those for the specific purpose of marketing the
Services, which may also include any interviews, personal accounts, telephone conversations, emails, or any other communication that you make with our Company
in your use of the Service. You understand that certain elements of your client data, including radon testing results, may be made publicly available via the
RAMSES Inc. family of websites. At no time will private client information, such as names, phone numbers, email address and house addresses, be included in
this publicly available information.
You agree to indemnify and hold RAMSES Inc., and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any
claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available
through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to
the Service.
You acknowledge that RAMSES Inc. may establish general practices and limits concerning use of the Service, including without limitation the maximum number
of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be
sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the
maximum disk space that will be allotted on RAMSES Inc.'s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may
access the Service in a given period of time. You agree that RAMSES Inc. has no responsibility or liability for the deletion or failure to store any messages and
other communications or other Content maintained or transmitted by the Service. You acknowledge that RAMSES Inc. reserves the right to log off accounts that are
inactive for an extended period of time. You further acknowledge that RAMSES Inc. reserves the right to change these general practices and limits at any time, in
its sole discretion, with or without notice.
RAMSES Inc. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or
without notice. You agree that RAMSES Inc. shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
For the term of Company's Subscription Period (defined as monthly, not pro-rated) and subject to Company's payment of the Subscription Fee (monthly, not pro-rated),
RAMSES Inc. Inc. (herein "RAMSES") grants Company: 1) the non-exclusive, non-transferable, nonsublicensable right to use the Software only for Company's own
internal use of the Software and limited to the number of Subscription Users for which Company has paid the applicable fee; 2) the right to receive support
pursuant to the Standard Support Services.
During any term of this Agreement, Company grants to RAMSES a non-transferable, non-exclusive, license to reproduce and display Company's logos, trademarks,
trade names and similar identifying material so that RAMSES may refer to Company as a user of the Software should RAMSES so desire, such as on the RAMSES website,
in press releases and in other marketing materials.
RAMSES reserves the right at any time to charge or modify fees for access to portions or whole of any or all of the Services. If at any time RAMSES requires a
fee for any of the Services, you will be given reasonable advance notice of such fees and the opportunity to cancel your membership before such charges are
imposed. If you elect not to pay such fees, RAMSES shall have the right to cease providing such Service to you.
Company shall pay to RAMSES an amount specified on RAMSES's website for the number of Subscription Users that Company maintains monthly ("Subscription Fee").
Company shall pay the applicable Subscription Fee for the initial term of the Subscription Period on the Effective Date or the first of every month.
Company shall make future fee payments for all Subscription Users due under the terms of this Agreement for renewal terms on each one (1) month anniversary of
the Effective Date pro-rated monthly. All fees paid to RAMSES are non-refundable. RAMSES reserves the right to modify its fees upon thirty (30) day prior
written notice, which may be provided by e-mail. By entering into this Agreement, Company is expressly agreeing that RAMSES will automatically bill Company's
credit card or alternative payment form in the billing frequency established by the length of Company's initial term for renewal fees. The renewal charge will
be in accordance to the then-applicable Subscription User fee for the registered number of users within Company's account. Company agrees to provide RAMSES
with complete and accurate billing and contact information and to update all billing information when it changes. If invoiced by RAMSES, payments for such
invoices are due immediately. RAMSES may terminate this Agreement and/or Company's access to the subscription if the billing or contact information is false,
fraudulent or invalid or for any other reason. Company will also pay all taxes, including sales, use, personal property, value-added, excise, customs fees,
import duties, stamp duties and any and all other similar taxes and duties, including penalties and interest, imposed by any United States federal, state,
provincial or local government entity or any non-US government entity on the transactions contemplated by this Agreement.
RAMSES may terminate this Agreement and/or Company's access to the Service so that the Service will cease to function for Company's non-payment of fees that
is delinquent. Company may also levy credit card reprocessing fees, activation fees, reactivation fees, fees due to expired or declined cards other than those
stated and may also issue levies or fees on unpaid balances equal to or above any of the standard fees. Company may also charge customers additional fees in
the case of chargebacks or other fraudulent charges which may incurr additional fees at the Company's will. Company agrees that RAMSES may charge unpaid fees
to Company's credit card or otherwise bill Company for unpaid fees as well as levy fees for repeat processing and chargeback fees if applicable. RAMSES shall be
entitled to reimbursement of all reasonable collection costs incurred as a result of unpaid balances including credit card processing fees, reprocessing fees,
chargeback fees and other penalty fees.
You agree that RAMSES Inc. may, under certain circumstances and without prior notice, immediately terminate your RAMSES Inc. account, any associated email
address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated
agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance
or material modification to the Service (or any part thereof), (e) unexpected technical issues or problems, and (f) extended periods of inactivity, and (g) any
reason whatsoever. Termination of your RAMSES Inc. account includes (a) removal of access to all offerings within the Service, including but not limited to RAMSES
Inc., (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring
further use of the Service. Further, you agree that all terminations for cause shall be made in RAMSES Inc.'s sole discretion and that RAMSES Inc. shall not be
liable to you or any third-party for any termination of your account, any associated email address, deletion of data or access to the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because RAMSES Inc. has no control over such sites and
resources, you acknowledge and agree that RAMSES Inc. is not responsible for the availability of such external sites or resources, and does not endorse and is
not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and
agree that RAMSES Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with
use of or reliance on any such Content, goods or services available on or through any such site or resource.
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential
information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content presented to you through the
Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by RAMSES Inc.,
you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
RAMSES Inc. grants you a personal, non-transferable and non-exclusive right and license to use Software on an unlimited number of computers; provided that
you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to
discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify
the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized
access to the Service. You agree not to access the Service by any means other than through the interface that is provided by RAMSES Inc. for use in accessing
the Service.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. RAMSES INC. EXPRESSLY DISCLAIMS ALL WARRANTIES
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
b. RAMSES Inc. MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR
OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RAMSES INC. OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THE TOS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT RAMSES INC. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RAMSES Inc. HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER
MATTER RELATING TO THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying
notices or links to notices to you generally on the Service.
RAMSES INC., RadonReporting.com, Radon Reporting, trademarks and service marks, and other RAMSES Inc. and RadonReporting.com logos and product and service
names are trademarks of RAMSES Inc. (the "RAMSES Inc. Marks"). Without RAMSES Inc.'s prior permission, you agree not to display or use in any manner, the
RAMSES Inc. Marks.
The TOS constitute the entire agreement between you and RAMSES Inc. and govern your use of the Service, superceding any prior agreements between you and
RAMSES Inc.. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or
third-party software. The TOS and the relationship between you and RAMSES Inc. shall be governed by the laws of the State of Virginia without regard to its
conflict of law provisions. You and RAMSES Inc. agree to submit to the personal and exclusive jurisdiction of the courts located within the county of
Powhatan, Virginia. The failure of RAMSES Inc. to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or
provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS
must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to Administrator@RadonReporting.com.com.
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