Site Terms of Use

IMPORTANT! These Site Terms of Use ("Site Terms of Use") govern your (the "User" or "You") use of the Rapids Inc Web Site (the "Web Site") provided by Rapids Inc, an Iowa corporation (the "Company"). BY ACCESSING THE WEB SITE, YOU AGREE TO BE BOUND BY THESE SITE TERMS OF USE AND ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE WITH ANY OF THE TERMS SET FORTH IN THESE SITE TERMS OF USE, DO NOT USE THE WEB SITE.

1. Permitted Use. User has a nonexclusive, nontransferable, limited, and revocable right to use the Web Site solely for User's personal, educational, informational, entertainment non-commercial viewing and use. User will not use the Web Site for any other purpose, including any commercial purpose, without the Company's express prior written consent. For example, User will not, and will not authorize any other person to (1) modify or copy the materials or content accessible within the Web Site (the "Content"); (2) use the Content for any commercial purpose, or for any public display (commercial or noncommercial); (3) attempt to decompile or reverse engineer any software contained within the Web Site; (4) remove or alter any copyright, trademark, or other proprietary notations or legends from the Content; (5) reproduce, transmit, publish or distribute, or transfer the Content to another person or "mirror" the Content on any other server; (6) co-brand the Web Site or any portion thereof, or (7) frame the Web Site or portion thereof (whereby the Web Site or portion thereof will appear on the same screen with a portion of another web site). "Co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner reasonably likely to give a User the impression that such other party has the right to display, publish, or distribute the Web Site or Content. User agrees to cooperate with the Company in causing any unauthorized Co-branding, framing, linking or use to immediately cease. User may print out a copy of Content solely for User's personal use.

2. Ownership. User acknowledges and agrees that the Content of the Web Site is the proprietary property of the Company and its licensors and content providers, protected by applicable U.S. copyright, patent and trademark laws and international conventions, and the Company and its content providers retain all right, title, and interest in the Content. All Content of the Web Site is Copyright 2003 by Rapids Inc, or by its licensors and content providers. All rights are reserved. Rapids Incâ is a registered trademark of Rapids Inc [Rapids Inc™ is an unregistered trademark of Rapids Inc].

3. Disclaimer of Warranties Concerning the Web Site. THE WEB SITE AND ALL CONTENT IS PROVIDED “AS IS", “AS AVAILABLE” AND “WITH ALL FAULTS”. THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES WITH RESPECT TO THE WEB SITE AND ANY CONTENT ACCESSIBLE WITHIN OR THROUGH THE WEB SITE, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. Further, the Company does not warrant or make any representations concerning the accuracy, completeness, timeliness, or reliability of any of the Content on the Web Site (or any information, goods or services that are referred to, or advertised on, or sold through the Web Site or any site linked to the Web Site), nor does the Company guarantee that the Web Site (or any site linked to the Web Site) will be error free, continuously available, free of viruses or other harmful components. The Company does not assume any responsibility or risk for User's use of the Internet.

4. Limitation on Liability. Under no circumstances shall the Company, its affiliates, licensors, and content providers, and their respective employees, agents, officers and directors, be liable to you or anyone else for any damages arising out of the use or inability to use the Web Site, including, without limitation, any liability for direct, consequential, special, incidental, indirect, punitive, exemplary, or other damages of any kind (including lost revenues or profits, loss of business or loss of data) even if advised beforehand of the possibility of such damages. In no event shall Company’s 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 the amount paid by you, if any, for accessing this site.

5. Indemnity. User will indemnify and hold the Company, its affiliates, licensors, and content providers, and their respective employees, agents, officers and directors, (the "Indemnified Parties") harmless from any breach of these Site Terms of Use by User, including any use of Content other than as expressly authorized in these Site Terms of Use. User agrees that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and agrees to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. User will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of User's use of the information accessed from the Web Site.

6. Governing Law. The Web Site and its use by You are governed by the laws of the state of Iowa, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the Iowa District Court for Linn County, or the United States District Court for the Northern District of Iowa (Cedar Rapids Division), concerning all claims, questions and controversies arising out of Your use of the Web Site and these Site Terms of Use. Any claim brought against the Company relating in any manner to Your use or inability to use the Web Site must be brought within one year of the date the claim accrued.

7. Assignment. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.

8. Terms and Conditions affecting Sales of Goods and Services by Company. ALL SALES OF GOODS AND SERVICES DESCRIBED IN THE WEB SITE ARE SUBJECT TO THE COMPANY’S STANDARD TERMS AND CONDITIONS OF SALE, WHICH SHALL CONTROL OVER ANY INCONSISTENT STATEMENTS CONTAINED IN THE WEB SITE CONCERNING SUCH GOODS OR SERVICES.

9. Content Revisions and Errata. Seller may make changes to the Content at any time without notice. Seller does not, however, make any commitment to correct or update the Content.

10. Links. The inclusion of any link on the Web Site to another site does not imply endorsement by the Company of such site, and Company is not responsible for the contents of any site linked to the Web Site. Use of any such linked site is at the User's own risk.

11. Severability. These Site Terms of Use shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

12. Miscellaneous. These Site Terms of Use (a) contain the entire agreement between us relating to the subject matter hereof, and (b) may be revised by the Company at any time without notice. By using any portion of the site you are agreeing to be bound by the then current version of these Site Terms of Use. The headings used in these Site Terms of Use are included for convenience only and shall not be construed to affect the substantive provisions herein.