Resource Advantage Terms of Use
Resource Advantage™ website (the"Site") is governed by these Terms of Use. Resource Advantage™ may, in our sole discretion, modify these Terms of Use at any time. These modifications will become effective immediately upon posting on this Site. Your access or use of this Site is deemed your acceptance of these Terms of Use, including any modifications. Only those individuals or entities who have been authorized by Resource Advantage™ are permitted to use this Site.
1. Confidentiality. The same confidentiality obligations under your Membership Agreement or any other agreement requiring confidentiality apply to any Resource Advantage™ materials or any other information of Resource Advantage™ or its affiliates posted on the Site. To ensure that Resource Advantage™ can provide high quality services, we or our agents may, without notice to you, access your account, records and use of this Site.
2. No Unlawful or Prohibited Use. You warrant and represent to Resource Advantage™ that you will not use this Site orany related services for any purpose that is unlawful or prohibited by these Terms of Use. You will not permit anyone employed by you or within your control to access or use this site unless such person is authorized by Resource Advantage™ or by these Terms of Use. You may not use any device, software or action, including viruses, worms or time bombs, designed to damage or otherwise interfere with this Site or any other Resource Advantage™ system; or interceptor expropriate any system, data or personal information contained at this Site or in any other Resource Advantage™ system. You alone are responsible for the content of messages you communicate when using our services as well as the consequences of any such messages. You will not use our services for chain letters, junk mail, "spamming", or commercial solicitations or toengage in illegal activities. You agree that you will not use this Site to violate any antitrust laws, or conduct any other activity that gives rise to some liability or otherwise harm the goodwill associated with our trademarks.You will not use this Site to: (1) harass, threaten, embarrass or cause distress upon any individual or group; (2) upload photos into this Site that contain illegal images; (3) transmit through this Site any information, files,links, software, communication or other materials that is unlawful,threatening, abusive, defamatory, obscene, or racially or ethnically hateful;(4) transmit any unsolicited advertising or other promotional materials through this Site, except in those areas that are designated for that purpose. All forum communications are public and not private communications. Although Resource Advantage™ reserves the right to remove without notice any forum posting forany reason, or to monitor the Site for compliance with these Terms of Use, we are not obligated to delete content that you may find objectionable or offensive.
3. Links. This site may contain links to web sites and information operated by third parties. Resource Advantage™ does not control such sites and information, and is not responsible for their contents. The inclusion of links to such web sites by Resource Advantage™ does not imply any endorsement, sponsorship or recommendation of the materials, products, businesses or services mentioned or referenced on such websites or any association with their operators.
4. Intellectual Property. This Site and all intellectual property rights included in or related to this Site(including copyrights, trademarks and service marks), are owned or licensed by Resource Advantage™. All communication, postings, and uploads to this Site become the exclusive property of Resource Advantage™. You may not reproduce, reverse engineer, disassemble, modify or create derivative works respecting this Site.Certain content may be licensed from third parties and all such third party content and all intellectual property rights (including copyrights, trademarks and service marks) relating to the content belong to the respective third parties. You may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on this Site or its content.You may download and print portions of material from this Site for your personal noncommercial use only, provided that you do not modify such material and you retain all copyright and other notices. You may not distribute such material to third parties or re-post the contents of such material that any other web site. You may not use the materials from this Site for any other purpose unless you receive express written permission from Resource Advantage™.These Terms of Use do not grant to any User a consent, waiver, or licensee under any copyright, trademark or other intellectual property or legal right of Resource Advantage™ or any third party. The mark Resource Advantage™ and any other marks of products and services referenced in this Site are trademarks or service marks of Resource Advantage™ or its business partners and are used with permission.
5. Termination. Resource Advantage™ may immediately terminate any or all of your rights to use this Site if, at anytime, you do not comply with any part of these Terms of Use. In addition to any other available remedies, Resource Advantage™ may terminate your Resource Advantage™ membership under the terms thereof if your rights under these Terms of Use are terminated.
6. Indemnification. You agree to indemnify, defend and hold harmless Resource Advantage™, its affiliates, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including without limitation attorneys fees) arising from: (i) your use of the Site and any of our related services; (ii) your violation of these Terms of Use; and (iii) intentional wrongdoing of any kind. Resource Advantage™ reserves the right, at our expense,to participate in the defense or settlement process. Resource Advantage™further reserves the right to report any wrongdoing that we become aware of to any government agency.
7. No Warranty.
A. RESOURCE ADVANTAGE™ PROVIDES THIS SITE "AS IS" AND WITHOUT ANY WARRANTY. RESOURCE ADVANTAGE™ DOES NOT WARRANT: (i) THAT YOUR ACCESS TO THIS SITE AND RELATED SERVICES WILL BE CONTINUOUS, UNINTERRUPTED OR SECURE; OR (ii) THAT THE INFORMATION, PRODUCTS AND SERVICES PROVIDED THROUGH THIS SITE WILL BE FREE FROM ERRORS, VIRUSES OR OTHER DEFECTS.
B. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK, INCLUDING ANY MATERIAL AND/OR DATA THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE USE OF THIS SITE.
C. EXCEPT AS EXPRESSLY STATED ON THIS SITE, RESOURCE ADVANTAGE™ AND ITS RESPECTIVE SUPPLIERS AND SERVICE PROVIDERS DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NO INFRINGEMENT. WARRANTIES ON PRODUCTS, IF ANY, ARE ONLY AVAILABLE DIRECTLY FROM THE SUPPLIER. RESOURCE ADVANTAGE™ DOES NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR THE QUALITY, ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, PRODUCTS OR SERVICES CONTAINED ON THIS SITE OR OBTAINED THROUGH EXTERNAL LINKS REFERENCED IN THIS SITE.
8. Limitation of Liability. RESOURCE ADVANTAGE™ WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND RESULTING FROM: (i) THE USE OF OR THE INABILITY TO USE THIS SITE; (ii) ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THIS SITE;OR (iii) LOSS OF, UNAUTHORIZED ACCESS TO, OR ALTERATION OF A USER'S TRANSMISSIONS OR DATA, OR FOR THE COST OF OBTAINING SUBSTITUTE GOODS AND SERVICES,EVEN IF RESOURCE ADVANTAGE™ HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. Notices and Contact Information.Should you have any questions or concerns regarding this Site you may contact Resource Advantage™ by writing to 2561Territorial Road, St Paul, MN 55104,by calling 1-866-724-3512, by faxing to 1-866-737-0502, or by e-mailing to termsofuse@USFResourceAdvantage.com.