This Site:
• Is not directed to any customer or user who is not a resident of the United States of America;
• Is not directed to any natural person under the age of 18;
• is directed to businesses who purchase Our goods and services, not natural persons; and
• WILL NOT BE USED TO SELL YOUR PERSONAL INFORMATION AND WE HAVE NEVER SOLD PERSONAL INFORMATION.
Welcome to the Website of Radiant Communications Corp., (“RCC”) located at www.rccfiber.com (“Site”). We will often refer to Ourselves as RCC, “We”, “Our” or “us”. We will refer to You as “You” or “Your”. Please carefully read the following Terms of Service and its associated Privacy Policy (located at http://ayo.xfn.mybluehost.me/.website_96408dbc/privacy) before using the Site, registering as a customer on Our Site, and before making any of Your usage of all of Our associated Websites, products, and services.
By your usage of this Site, you consent to all of the Terms herein.
LICENSE
We grant you a limited license to access and use the Site for your company’s use, and to copy, distribute, transmit and print the content of this Site only to the extent that such copying, distribution and transmission is automatically done through your browser software incidentally to using the Site for your personal use. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings or descriptions; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of any merchant; or any making use of any data mining, robots or data gathering and extraction tools.
Except as permitted above, this Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without express written consent of RCC. You may not use any meta tags or any other “hidden text” utilizing the RCC name or trademarks without the express written consent of RCC. Any unauthorized use terminates the permission or license granted by RCC and could subject you to legal consequences.
We reserve the right to change any information, features and functions of the Site without prior notice. We may refuse service, cancel orders, terminate accounts and/or deny access to any or all parts of this Site if you engage in any conduct or activities that we determine, in our sole discretion, violate these Terms of Service, our rights or the rights of any third party. Use of the Site for any illegal or unauthorized purpose is strictly prohibited. We reserve the right to cancel orders due to suspected deceptive trade practices, phishing, spamming, counterfeiting, identity theft or fraud. The sale or linking of this Site or our products on or to any third party e-commerce site, marketplace or mobile application without our specific written consent is prohibited.
It is however permitted to make any non-commercial non-disparaging mentioning, tagging, pointing, influencing, opinion, or reporting about our Site.
POSTED AND SUBMITTED CONTENT
For any content (e.g. words, text, documents, images, photographs, audio, audiovisuals, pictorial, graphic or sculptural works, code, plans, digital works) which you post on the Site at any location or which you submit to us – we have the right to make any usage of such content and to remove any such content for any reason or no reason at all. Examples of removal include but are not limited to content which violates, or may violate, any applicable law in any country or jurisdiction, or our Terms of Service, or the removal of such content facilitates, improves or insures the protection of you or us or any other person or government from injury to a right of privacy, publicity, property, intellectual property, personal rights, or the removal of which minimizes eliminates or insures against our liability or risk of liability to you or another person or government. This includes any such action we initiate unilaterally or action which results from notice complaint warning action lawsuit or prosecution of any kind or character anywhere in the world by another. Furthermore, you agree that we shall have no liability to you of any kind or character for such actions including for damages, lost profits, disgorgement of profits, attorney fees or costs.
Any content posted or otherwise submitted to RCC by any means whether on the hauslabs.com website, through a mobile application, blog or via any form of social media (including by submitting an image to your social media using a RCC branded hashtag), will be treated as not private and non-proprietary to you. In doing so, you grant RCC a royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, publish perform and modify such submissions with the right to use your username, real name, image, likeness, identifier, hashtag, and other personal attributes as were used in connection with any use of such content submissions. In addition, when you post photographs, reviews or comments to RCC or on any of RCC’s social media networks, you also grant us the right to use the name that you submit, if any, in connection with that submission. Anything you submit must not violate any right of any third party and must not contain any libelous, abusive, obscene or otherwise unlawful material. You represent and warrant that you own or have obtained appropriate rights and permissions from any and all other persons and/or entities who own, manage or otherwise claim any rights with respect to any content submitted to RCC. If you have any questions about this, you may submit them by email at: info@ayo.xfn.mybluehost.me.
INTELLECTUAL PROPERTY RIGHTS
All content, trademarks, interface features, code and functionality on the Site, blog and mobile application belong exclusively to RCC, or its affiliates or is licensed by RCC from others. The use of any content or RCC trademarks or service marks, or any marks confusingly similar to the trademark or service marks without RCC’s express written consent is strictly prohibited. Such prohibition includes usage of any of RCC’s trademarks or service marks in meta tags, handles, advertising or searchable content without RCC’s explicit prior consent.
REGISTRATION AND MEMBERSHIP
To register and create an account on our Site, complete the registration form by providing information such as your valid email address and creating a password. Each time you use your password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with these Terms of Service and RCC has no obligation to investigate the authorization or source of any such access or use of the Site.
YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING YOUR PASSWORD AND IDENTIFICATION WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING, WITHOUT LIMITATION, FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.
You are solely responsible for protecting the security and confidentiality of your password and identification. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security.
At the time of your first order of products or services from us, we will request your shipping and payment information. All such personal information is subject to our Privacy Policy, which is hereby incorporated into these Terms of Service.
As a subscriber and/or registered user of the Site, we may send you emails promoting any special offer(s), including third party offers, as well as monthly newsletters, unless you opt-out at any time either in your account settings, by using unsubscribe buttons in emails you receive from us or by emailing us at info@ayo.xfn.mybluehost.me indicating that you would like to unsubscribe from marketing emails.
DISPUTE RESOLUTION
In the event that there is a dispute, claim, or controversy between you and Us, arising out of or relating to federal or state statutory claims, common law claims, or the breach, termination, enforcement, interpretation or validity hereof, including the determination of the scope or applicability of these Terms of Service or our Privacy Policy, then such dispute, claim, or controversy will be, to the fullest extent permitted by law, be determined solely by arbitration in Middlesex County, New Jersey before one arbitrator, and by your usage of our Site, you consent to such.
To begin a disputed claim, you must first send an email to us at info@ayo.xfn.mybluehost.me describing your claim. If we are unable to resolve it then you may then proceed to file a petition to arbitrate. The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Within thirty (30) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator who has knowledge of and experience with the subject matter of the dispute. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. The parties hereby waive any right to a bench or jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
MISCELLANEOUS
We reserve the right to change these Terms of Service from time to time. You acknowledge your responsibility to review these Terms of Service from time to time and to be aware of any such changes. By continuing to engage with RCC through this Site after any such changes, you accept them.
ORDERING AND PRODUCT AVAILABILITY, PAYMENTS, BILLING
By placing an order on the Site, you are (i) offering to purchase a product, (ii) representing that you are of legal age to form a binding contract, and (iii) representing that all information you provide to us in connection with such order is true and accurate and you are an authorized user of the payment method provided. The receipt by you of an order confirmation does not constitute RCC’s acceptance of an order. We retain the right to refuse any request made by you.
Prior to RCC’s acceptance of an order, verification of information may be required. RCC reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from RCC, for any reason whatsoever. RCC reserves the right to limit the number of items ordered and to refuse service to you without prior notification. If RCC refuses an order, it will refund any payments received.
All features, specifications, products, prices of products and services, discounts, promotions and offers described on our Site are subject to change at any time, and we reserve the right to make changes to them without notice to you. We have made every effort to display as accurately as possible the colors of our products that appear on the Site; however, the actual color you see when you view the item for purchase depends on many factors, including your eyesight, your computer, its resolution and screen size and view settings, and we cannot guarantee that your computer will accurately display our colors. Products are available while supplies last. All prices and products advertised are subject to change.
Please see our FAQ at www.rccfiber.com/customer-service-faqs/ and all related webpages for other terms of sale, including information on shipping, delivery and tracking, the ordering and payment process, returns, refunds and exchanges, pricing, product availability, no resale policy, and other helpful information. RCC reserves the right to restrict delivery to addresses within or outside of the United States. Shipping and handling fees and applicable sales/use tax will be added by RCC as necessary
The risk of loss and title for product(s) purchased by you pass to you upon our delivery of the product(s) to the carrier.
RETURNS AND EXCHANGES
Before you make a purchase, please review our current Return Policy located at www.rccfiber.com/customer-service-faqs/ .
RCC monitors returns to identify potential misuse or abuse of our return policies. We flag customers who meet our criteria for excessive returns. Customers who are flagged may be subject to our review, and revocation of standard customer return policies. We reserve the right to refuse service to anyone.
WARRANTY DISCLAIMER
EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED, THE SOLE WARRANTY OFFERED IS THAT THE PRODUCTS WILL PERFORM IN ACCORDANCE WITH THE PRODUCT DATA SHEET. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, RCC DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. RCC DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. RCC DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.
LIMITATION OF LIABILITY
RCC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR MATERIALS ON THE SITE, EVEN IF RCC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TRADEMARKS
All trademarks, service marks and trade names of RCC on the Site are trademarks of RCC or their respective owners. Our trademarks may not be used in any manner for any purpose without our express written consent.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless RCC, its officers, directors, employees, agents, licensors and suppliers from and against all losses, liabilities, expenses, damages and costs, including reasonable attorney fees, resulting from any violation of these Terms of Service, or any activity related to use of the Site (including negligent or wrongful conduct) by you or any other person accessing the Site using your identification or password.
THIRD PARTY LINKS AND SITES
This Site may link to other websites operated by third parties. We have no control over these linked sites, each of which have separate privacy and data collection practices independent of RCC. We are not responsible for and do not endorse or accept any responsibility for the availability, contents, products, services or use of any third party site, any website accessed from a third party site or any changes or updates to such sites. These linked sites are only for your convenience and therefore you access them at your own risk. You acknowledge that you bear all risks associated with access to and use of content provided on a third party site and agree that we are not responsible for any loss or damage you may incur from dealing with such a third party site. You should contact the site administrator for the applicable third party site if you have any concerns regarding such links or the content located on any such third party site.
TERMINATION
These Terms of Service are applicable as stated in all of the provisions above, and shall survive any expiration or termination of these Terms of Service.
