Terms of Use
The following are terms of a legal
agreement ("Agreement") between you and RMD Financial Corporation
("RMD"). By accessing, browsing and/or using this web site ("Site")
you acknowledge that you have read, understood and agree to be bound
by these terms and to comply with all applicable laws and
regulations. If you do not agree to these terms, do not use this
Site. This Site may contain other proprietary notices and copyright
information, the terms of which must be observed and followed.
Information on this Site may contain technical inaccuracies or
typographical errors. Please read this Agreement carefully and be
aware that RMD may, in its sole discretion and without notice,
revise these terms at any time by updating this posting.
HYPER LINKING
RMD makes no representations whatsoever
about any other web site which you may access through this one. When
you access a non-RMD web site, please understand that it is
independent from RMD, and that RMD has no control over the content
on that web site, even if RMD provides information or services to
the owner of that web site. In addition, a link to a non-RMD web
site does not mean that RMD endorses or accepts any responsibility
for the content or the use of such web site. In fact, RMD disclaims
any and all liability and responsibility for such content. It is up
to you to take precautions to ensure that whatever you select for
your use is free of such items as viruses, worms, trojan horses and
other items of a destructive nature.
COPYRIGHTS AND USE OF SITE CONTENT
The copyright in all materials provided
on this Site is held by RMD or by the original creator of the
material. Except as stated herein, none of the materials may be
copied, reproduced, distributed, republished, downloaded, displayed,
posted or transmitted in any form or by any means, including, but
not limited to, electronic, mechanical, photocopying, recording or
otherwise, without the prior written permission of RMD or the
copyright owner. Permission is granted to download one copy of the
materials on this Site on a single computer for your personal or
internal business use only provided that you do not modify the
materials and that you retain all copyright and other proprietary
notices contained in the materials. This permission terminates
immediately if you breach this Agreement. You may not "mirror" any
material contained on this Site without RMD's express written
permission. Any unauthorized use of the materials contained on this
Site may violate copyright laws, trademark laws, the laws of privacy
and publicity and/or communications regulations and statutes. All
content and functionality on this Site, including text, graphics,
logos, icons, and images and the selection and arrangement thereof,
are the exclusive property of RMD or its licensors and is protected
by U.S. and international copyright laws. All rights not expressly
granted are reserved.
© 1989-2011 RMD Financial Corporation.
1001 E. 26th Ave.
Denver, Colorado 80205
Direct: 877-342-6203
Fax:
720-262-8994
Email: generalmail@rmdfc.net
TRADEMARKS
The trademarks, service marks and logos
(the "Trademarks") used and displayed on this Site are registered
and unregistered Trademarks of RMD. Other trademarks, service marks
and trade names may be owned by others. Nothing on this Site should
be construed as granting, by implication, estoppel or otherwise, any
license or right to use any Trademark or any other RMD intellectual
property displayed on this Site. RMD aggressively enforces its
intellectual property rights to the fullest extent of the law. The
name RMD and any other Trademarks shall not be used in any way,
including in advertising or publicity pertaining to distribution of
materials on this Site, without prior written permission from RMD.
RMD also prohibits use of RMD and any other Trademarks as part of a
link to or from any site unless establishment of such a link is
approved in advance by RMD in writing.
USER POSTINGS
You acknowledge and agree that RMD
shall own and have the unrestricted right to use, publish, in
electronic form and otherwise, distribute and exploit any and all
information that you post or otherwise publish on this Site
("Submissions"). You hereby waive any and all claims against RMD for
any alleged or actual infringements of any rights of privacy or
publicity, moral rights, rights of attribution or any other
intellectual property rights in connection with RMD's use and
publication of such Submissions. This means that anything submitted
by you to this Site will be owned by RMD and may be used by RMD for
any purpose, now or in the future, without any payment to, or
further authorization by, you. In the event RMD's ownership of such
Submissions is successfully contested, you automatically grant RMD a
perpetual, royalty-free, non-exclusive, sublicensable, unrestricted,
worldwide and irrevocable right and license to use, reproduce,
modify, publish, translate, prepare derivative works based upon,
distribute, perform or display such Submissions, in whole or in
part, in any form, media or technology known or hereafter developed
for any purpose, including, but not limited to, advertising and
promotional purposes. RMD does not represent or endorse the accuracy
or reliability of any Submissions displayed, uploaded, posted on any
message board, or otherwise distributed through this Site by any
user of this Site, information provider or any other third party.
RMD expressly disclaims any and all liability related to
Submissions, and you acknowledge that any reliance upon such
Submissions shall be at your sole option, liability and risk. You
covenant that you shall not post or otherwise publish on the Site
any materials that: (i) are threatening, libelous, defamatory, or
obscene; (ii) would constitute, or that encourage conduct that would
constitute a criminal offense, give rise to civil liability, or
otherwise violate law; (iii) infringe the intellectual property,
privacy, or other rights of any third parties; (iv) contain a
computer virus or other destructive element; (v) contain
advertising; or (vi) constitute or contain false or misleading
statements. RMD in its sole discretion reserves the right to refuse
to post and the right to remove any information or Submission from
this Site, in whole or in part, for any reason.
NO SERVICES, ENDORSEMENT OR
PROFESSIONAL CONSULTATION
There may be delays, omissions or
inaccuracies in information obtained through your use of this Site.
The information on the site is provided to you with the
understanding that RMD's provision of this information to you does
not constitute the rendering of investment, consulting, legal,
accounting, tax, career or other advice or services. Information on
this Site should not be relied upon for making business, investment
or other decisions or used as a substitute for consultation with
professional advisors. Moreover, RMD does not represent or endorse
the accuracy or reliability of any advice, opinion, statement, or
other information displayed, uploaded, downloaded or distributed
through this Site by RMD, any user, information provider or any
other person or entity. You acknowledge that any reliance upon such
opinion, advice, statement, memorandum, or information shall be at
your sole option, liability and risk. Moreover, RMD does not grant
any license or other authorization to you to use this Site in any
manner if such use in whole or in part suggests that RMD promotes or
endorses a third party's causes, ideas, political campaigns,
political views, web sites, products or services.
ACCESS TO THIS SITE
RMD may alter, suspend or discontinue
this Site and your access to use this Site at any time for any
reason without notice or liability to you or any third party. This
Site may become unavailable due to maintenance or malfunction of
computer equipment or for other reasons and may result in damages to
the user's systems or operations. The user shall be solely
responsible for ensuring that any information or content obtained
from this Site does not contain any virus or other computer software
code or subroutine designed to disable, erase, impair or otherwise
damage the user's systems, software or data.
DISCLAIMER OF WARRANTIES
THE SITE AND ALL MATERIALS THEREON ARE
DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND. TO
THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, RMD FINANCIAL
CORPORATION DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT
LIMITATION, BAIN DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS
SITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED
ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS
WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT
AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU HEREBY
ACKNOWLEDGE THAT USE OF THE SITE IS AT YOUR SOLE RISK. IF YOU ARE A
CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION
1542 WHICH PROVIDES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT
THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE
MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL BAIN OR
ANY OF ITS PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES,
AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES,
AGENTS, REPRESENTATIVES, ATTORNEYS AND THEIR RESPECTIVE HEIRS,
SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT,
INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES
THAT DIRECTLY OR INDIRECTLY RESULT FROM THE USE OF, OR THE INABILITY
TO USE, THIS SITE OR THE INFORMATION CONTAINED ON THIS SITE OR
OBTAINED FROM YOUR USE OF THIS SITE, INCLUDING FOR VIRUSES ALLEGED
TO HAVE BEEN OBTAINED FROM THE SITE, EVEN IF BAIN HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL BAIN'S OR ANY
OF ITS PREDECESSORS', SUCCESSORS', PARENTS', SUBSIDIARIES',
AFFILIATES', OFFICERS', DIRECTORS', SHAREHOLDERS', INVESTORS',
EMPLOYEES', AGENTS', REPRESENTATIVES' AND ATTORNEYS' AND THEIR
RESPECTIVE HEIRS', SUCCESSORS' AND ASSIGNS' TOTAL LIABILITY TO YOU
FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT,
TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED
$1. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES IN WHICH CASE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY
TO ALL USERS.
INDEMNIFICATION
You hereby indemnify, defend, and hold
harmless RMD and all of its predecessors, successors, parents,
subsidiaries, affiliates, officers, directors, shareholders,
investors, employees, agents, representatives and attorneys and
their respective heirs, successors and assigns (collectively, the
"Indemnified Parties") from and against any and all liability and
costs, including, without limitation, reasonable attorneys' fees,
incurred by the Indemnified Parties in connection with any claim
arising out of or relating to any breach by you of this Agreement or
the representations, warranties, and covenants you have made by
agreeing to the terms of this Agreement. You shall cooperate as
fully as reasonably required in the defense of any such claim. RMD
reserves the right, at its own expense, to assume the exclusive
defense and control of any matter subject to indemnification by you.
ENFORCEMENT OF TERMS AND CONDITIONS
This Agreement is governed and
interpreted pursuant to the laws of the Commonwealth of
Massachusetts, United States of America, notwithstanding any
principles of conflicts of law. You expressly agree that exclusive
jurisdiction resides in the courts of the Commonwealth of
Massachusetts. You further agree and expressly consent to the
exercise of personal jurisdiction in the Commonwealth of
Massachusetts in connection with any dispute or claim involving RMD.
If any part of these terms is unlawful, void, or unenforceable, that
part will be deemed severable and will not affect the validity and
enforceability of the remaining provisions.
INFRINGEMENT NOTICES AND TAKEDOWN
RMD prohibits the posting of any
information that infringes or violates the copyright rights and/or
other intellectual property rights (including rights of privacy and
publicity) of any person or entity. If you believe that any material
contained on this Site infringes your copyright or other
intellectual property rights, you should notify RMD of your
copyright infringement claim in accordance with the following
procedure. RMD will process notices of alleged infringement which it
receives and will take appropriate action as required by the Digital
Millennium Copyright Act ("DMCA").
To be effective, the notification must
be in writing and contain the following information (DMCA, 17 U.S.C.
§512(c)(3)):
-
Physical or electronic signature of
a person authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed;
-
Identification of the copyrighted
work claimed to have been infringed, or, if multiple copyrighted
works at a single online site are covered by a single notification,
a representative list of such works at that site;
-
Identification of the material that
is claimed to be infringing or to be the subject of infringing
activity and that is to be removed or access to which is to be
disabled, and information reasonably sufficient to permit the
service provider to locate the material;
-
Information reasonably sufficient to
permit the service provider to contact the complaining party, such
as an address, telephone number, and, if available, an electronic
mail address at which the complaining party may be contacted;
-
A statement that the complaining
party has a good faith belief that use of the material in the manner
complained of is not authorized by the copyright owner, its agent,
or the law;
-
A statement that the information in
the notification is accurate, and under penalty of perjury, that the
complaining party is authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed.
ENTIRE AGREEMENT
This Agreement constitutes the entire
agreement between you and RMD with respect to the subject matter of
this Agreement and supersedes and replaces all prior or
contemporaneous understandings or agreements, written or oral,
regarding that subject matter. Any waiver of any provision of this
Agreement will be effective only if in writing and signed by RMD.
A review of our
sample engagement agreement will
provide details about the scope of services offered. |
