Website Terms of Use

Dated: November 7, 2019

Acceptance of the Website Terms of Use

These Website Terms of Use are entered into by and between you and RADAR, LLC ("RADAR"). The following terms and conditions, together with any documents expressly incorporated by reference (collectively, "Website Terms of Use"), govern your access to and use of www.radarfirst.com and other subdomains that form our corporate web presence, including without limitation any content, functionality, and services offered on or through www.radarfirst.com ("Website"). These Website Terms of Use do not apply to the purchase, access, or use of any of RADAR’s products or services, which are subject to the applicable RADAR subscription agreement.

By accessing or using the Website, you agree to these Website Terms of Use. If you are using the Website on behalf of your employer, you represent that you are authorized to agree to these Website Terms of Use on your employer’s behalf. If you do not agree to these Website Terms of Use, please do not use the Website. These Website Terms of Use may change over time. Whenever you visit this Website, you agree to the then-posted version of the Website Terms of Use.

Additional terms and conditions on the Website may apply to specific portions of the Website, or certain features of the Website. Such additional terms and conditions supplement these Website Terms of Use and, along with our Privacy Notice and Cookie Notice, are incorporated by reference and are considered a part of these Website Terms of Use.

Use of the Website and its features is void where prohibited. By using the Website and its features, you represent and warrant that: (a) you are over the age of 18 and may otherwise enter into and form binding contracts under applicable law; (b) all information that you submit to RADAR via the Website is truthful and accurate; (c) you will maintain the accuracy of such information; and (d) your use of the Website and its features does not violate any applicable law or regulation.

Accessing the Website and Account Security

RADAR reserves the right to withdraw or amend this Website, and any content, functionality, or services that we provide on or through this Website, in our sole discretion without notice. We will not be liable if all or any part of the Website is unavailable at any time or for any period or for any reason. From time to time, we may restrict access to some parts of the Website, or the entire Website.

You are responsible for:

  • Making all arrangements necessary for you to have access to the Website; and
  • Ensuring that all persons who access the Website through your internet connection are aware of these Website Terms of Use and comply with them.

To access the Website or the content, functionality, or services that we provide on or through the Website, you may be asked to provide certain registration information. It is a condition of your use of the Website that all the information that you provide on the Website is correct, current, and complete. You agree that all information that you provide to register with this Website or otherwise, including without limitation through the use of any interactive features on the Website, is governed by our Privacy Notice, and you consent to all actions that RADAR takes with respect to your information consistent with our Privacy Notice.

Term

The Website Terms Of Use, as we may revise from time to time, shall remain in full force and effect while you access the Website, and content, functionality, or services that RADAR provides on or through the Website.

Your Use of the Website

Website visitors have a non-transferable, non-exclusive license to access this Website, to view information contained at this Website, and to interact with the Website solely for their own personal use. You agree not to use the Website for any unlawful purpose. You agree not to rent, re-transmit, disclose, publish, sell, assign, lease, sublicense, market, or transfer the Website (or any portion of the Website). You agree not to copy, reverse engineer, translate, port, modify, or make derivative works of any portion of the Website. You agree not to use this Website in any manner not expressly authorized by these Website Terms of Use.

Tampering with the Website, misrepresenting your identity or age, or conducting fraudulent activities on the Website are prohibited.

Intellectual Property Rights

The Website and its entire content, functionality, and services (including without limitation all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement of the foregoing) are owned by RADAR, its licensors, or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Website Terms of Use permit you to use the Website for personal, non-commercial use only. You agree not to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the materials on our Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided that you agree to be bound by RADAR’s end user license agreement for such applications (to the extent applicable).

You agree that you will not:

  • Modify copies of any materials from the Website.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website.

You must not access or use for any part of the Website or any materials available through the Website for any commercial purposes.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Website Terms of Use, your right to use the Website will immediately terminate and you must, at our option, return or destroy any copies of the materials. No right, title, or interest in or to the Website or any content, functionality, or services on the Website is transferred to you, and all rights not expressly granted are reserved by RADAR. Any use of the Website not expressly permitted by these Website Terms of Use is a breach of these Website Terms of Use and may violate copyright, trademark, and other laws.

Protection of Intellectual Property Rights

If you believe that something on the Website violates your intellectual property rights, please provide notice to the RADAR Legal Department (identified below) with the following information:

  1. a physical or electronic signature of the owner (or a person authorized to act on behalf of the owner) of the copyrighted work or other intellectual property alleged to have been infringed;
  2. a description of the copyrighted work or other intellectual property that you allege is being infringed;
  3. a description of the allegedly infringing material and information sufficient to permit RADAR to locate the material;
  4. information reasonably sufficient to permit RADAR to contact you, such as an address, telephone number, and an email address;
  5. a statement by you that you have a good faith belief that use of the material in the manner in which it is used on the Website is not authorized by the copyright or other intellectual property owner, its agent, or the law; and
  6. a statement by you that the information in the notification is accurate and that you have the authority to enforce the copyrights or other intellectual property rights that are claimed to be infringed.

RADAR Legal Department:

Attn: General Counsel
RADAR, LLC
520 SW 6th Avenue
Suite 200
Portland, Oregon 97204
Email: legal@radarfirst.com

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Website Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including without limitation any laws regarding the export of data or software to and from the United States or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To impersonate or attempt to impersonate RADAR, a RADAR employee, another Website visitor, or any other person or entity (including without limitation by using email addresses associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits the use or enjoyment of the Website, or which may harm RADAR or other Website visitors, or expose them to liability, in each case, as determined by RADAR.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the materials on the Website, or for any other purpose not expressly authorized in these Website Terms of Use, without RADAR’s prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other materials that are malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

Reliance on Information Posted

The information presented on or through the Website (including without limitation any content, functionality, or services) is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance that you place on such information is at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its information.

This Website may include materials provided by third parties, including materials provided by other Website visitors, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by RADAR, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of RADAR. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Information About You and Your Visits to the Website

All information that RADAR collects on this Website is subject to RADAR’s Privacy Notice and Cookie Notice. By using the Website, you consent to all actions taken by RADAR with respect to your information in compliance with the Privacy Notice and Cookie Notice.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you access them at your own risk and subject to the terms and conditions of use for such websites.

Changes to the Website

We may revise and update these Website Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website after they are posted. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. If you are dissatisfied with the Website, its content, functionality, or services, or any terms included in these Website Terms of Use (including as modified), you agree that your sole and exclusive remedy is to discontinue using the Website.

Disclaimer of Warranty

THE WEBSITE, MATERIALS, CONTENT, FUNCTIONALITY, SERVICES, OR INFORMATION DERIVED FROM THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. RADAR does not warrant that: (a) the Website will meet your requirements, (b) the Website or any portion will be uninterrupted, timely, secure, or error-free, or that RADAR will fix any errors, or (c) the Website will be accurate, up-to-date, or complete. Use of the Website (including without limitation its content, functionality, and services) is at your own discretion and risk, and RADAR is not responsible for any decisions that you make based on such use. RADAR is not responsible for any damage caused to your computer or data, or from any bugs, viruses, Trojan horses or other destructive or harmful code, resulting from your use of the Website.

RADAR may make changes to the Website, or to any related content, functionality, or services, at any time, without notice.

These disclaimers apply to the fullest extent permitted by applicable law. 

Limitation of Liability

IN NO EVENT SHALL RADAR BE LIABLE FOR ANY DAMAGE, CLAIM, OR LOSS INCURRED BY YOU, INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, IRRESPECTIVE OF WHETHER RADAR HAS BEEN INFORMED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, DEFAMATION, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS, AS WELL AS THIRD-PARTY CLAIMS. IF THE WARRANTY EXCLUSIONS OR OTHER LIMITATIONS OF LIABILITY SET FORTH IN THESE WEBSITE TERMS OF USE ARE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT RADAR’S TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

Indemnification

You agree to indemnify and hold RADAR, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, cost, expense, claim, or demand, including without limitation reasonable attorneys fees, relating to or arising from your use of the Website in violation of the Website Terms of Use and/or arising from a breach of the Website Terms of Use and/or any breach of your representations and warranties set forth in the Website Terms of Use.

General Terms

The Website Terms of Use will be construed, and their performance enforced, under the laws of Oregon without reference to choice of law principles. Any dispute relating to the Website Terms of Use or the Website may be litigated only in a court having jurisdiction and venue in Multnomah County for state court causes of action and in the District of Oregon for federal court causes of action. The United Nations Convention on Contracts for the International Sale of Goods does not apply to the Website Terms of Use. We may assign the Website Terms of Use, in whole or in part, to a related entity or to a third party.

EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THESE WEBSITE TERMS OF USE. FURTHER, EACH PARTY CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THESE WEBSITE TERMS OF USE.

These Website Terms of Use constitute the entire agreement between you and RADAR regarding the use of the Website and its content, functionality, and services. The failure of RADAR to exercise or enforce any right or provision of the Website Terms of Use shall not operate as a waiver of such right or provision. The section titles in the Website Terms of Use are for convenience only and have no legal or contractual effect. The Website Terms of Use operate to the fullest extent permissible by law. If any provision of the Website Terms of Use is unlawful, void, or unenforceable, that provision is deemed severable from the Website Terms of Use and does not affect the validity and enforceability of any remaining provisions.