Terms and Conditions of Use
Welcome to RIDGIDConnect.com. This RIDGIDConnect.com website (“Site”) is provided by RIDGID ONLINE, INC. (“RIDGID”) for the purpose of allowing paid subscribers to easily share with its customers certain pictures, videos, reports, and other materials relating to work performed by subscriber for such customers.
Your use of the Site is subject to these Terms and Conditions of Use (the “Terms”) and to the licenses and permissions herein contained. You may use the Site only if You agree to these Terms. By clicking on the I ACCEPT button which accompanies these Terms, You are indicating Your acceptance of the following terms and conditions.
READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE CLICKING THE I ACCEPT BUTTON. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS AND ARE NOT WILLING TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE SITE.
You accept, without limitations or qualifications, the following:
- RIDGID maintains the Site for Your personal use, entertainment, information, education, and communication. RIDGID grants You the permission to use and view the Site subject to these Terms. You may use the Site for lawful purposes only.
- Certain portions of the Site allow You to register with RIDGID and/or create a user account. If You wish to register or create a user account, You agree that You will provide RIDGID with certain registration information, all of which will be accurate, truthful, and current. You agree that You will not: (i) select a user ID that, to Your knowledge, is already used by another person; (ii) use a user ID in which another person has rights without such person's authorization; or (iii) use a user ID or password that a reasonable person would deem offensive or inappropriate. RIDGID has no obligation to verify the authenticity of any registration information, but reserves the right to refuse to create Your account for any reason, including an inability to verify the authenticity of Your registration information. You are solely responsible for maintaining the confidentiality of Your registration information, user ID and passwords and agree not to share them with any other person. RIDGID will have the right to rely upon any information received from any person using a password assigned to You and will incur no liability arising out of such reliance.
- Users of the Site may have an opportunity to upload or otherwise post to the Site certain information, data, and/or materials related to their customers and/or work performed for such customers (“User Materials”). You shall retain all right, title, and interest that You may possess in any of Your User Materials that You upload or otherwise post to the Site. RIDGID agrees not to use any of Your User Materials that You upload or otherwise post to the Site for any purpose, except to the extent necessary to provide to You the services offered through the Site. Notwithstanding the foregoing, You agree that RIDGID may (i) compile statistical and performance information related to the use of the Site, and (ii) use portions of Your User Materials that do not contain personally identifiable elements for purposes of creating reports (such as demographic reports) and in other marketing activities initiated by RIDGID.
- While using the Site, You may have the opportunity to utilize certain Site features to modify and/or enhance Your User Materials and to create newly modified and enhanced versions of Your original User Materials (the “Modified User Materials”). Modified User Materials may be accessed, viewed, and utilized on the Site, and You may also disseminate, publish, and/or transmit such Modified User Materials to Your customers and/or other third parties. The Modified User Materials will only remain available to You in this modified format for the uses described above as long as You are a paid subscriber to the Site. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR SUCH MODIFIED USER MATERIALS, INCLUDING, WITHOUT LIMITATION, THE CREATION, DISSEMINATION, PUBLICATION AND/OR TRANSMISSION OF THE MODIFIED USER MATERIALS. RIDGID SHALL HAVE NO LIABILITY OF ANY KIND WHATSOEVER TO YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO YOUR MODIFIED USER MATERIALS, INCLUDING, WITHOUT LIMITATION, THE CREATION, DISSEMINATION, PUBLICATION AND/OR TRANSMISSION OF THE MODIFIED USER MATERIALS THROUGH THE SITE OR OTHERWISE.
- If You are not a paid subscriber to the Site, You have been invited to access the Site by a third party provider who is a paid subscriber (the “Subscriber”). You understand and agree that the Subscriber You are working with is solely responsible for determining who obtains access to the User Materials such Subscriber posts on the Site. In some instances, the Subscriber may allow third parties, other than Yourself, to view the User Materials that relate to Your project with the Subscriber. Each Subscriber is required under the terms of the subscriber agreement with RIDGID to obtain all consents, permissions, and rights from all third parties (including without limitation such Subscriber’s customers and any applicable property owners) that are necessary for that Subscriber to rightfully post and disclose its User Materials on the Site. YOU RECOGNIZE AND AGREE THAT RIDGID HAS NO CONTROL OVER SUBSCRIBER’S DISCLOSURE OF USER MATERIALS (WHICH MAY INCLUDE CERTAIN MATERIALS AND INFORMATION RELATED TO YOUR PROJECT) THROUGH THE SITE OR OTHERWISE AND THAT RIDGID SHALL HAVE NO LIABILITY OF ANY KIND WHATSOEVER TO YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO SUCH DISCLOSURES.
- You shall not post or transmit through the Site any information, data, or material which violates or infringes, in any way, the rights of others, or which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, harassing, or otherwise objectionable to a reasonable person. Nor shall You post or transmit through the Site any information, data, or material which encourages conduct that would constitute a criminal offense, give rise to liability or otherwise violate any law or administrative ruling or guidelines, or is in violation of these Terms.
- Any conduct by You that, in RIDGID's opinion, restricts or inhibits any other user from using or enjoying the Site will not be permitted. You acknowledge and agree that RIDGID, in its sole discretion, may at any time for any reason or no reason suspend or terminate Your access to or use of the Site, or any portion thereof, with or without notice, unless otherwise prohibited by applicable law.
- You agree to indemnify, defend and hold RIDGID, and RIDGID’s directors, offices, employees and agents harmless from and against any and all direct and indirect losses, claims, demands, expenses (including attorneys’ fees) and/or liabilities of whatever nature or kind arising out of or related to Your breach of these Terms.
- The Site contains information and material, including, but not limited to, text, software (including images or files incorporated in or generated by the software or data accompanying such software), photos, video, graphics, audio, features, data, designs, images, and other such similar content (collectively "RIDGID Materials"), which are derived in whole or in part from information and materials supplied by RIDGID and other sources, and are protected by international copyright, trademark and other laws and the entire content of the Site is copyrighted as a collective work under the United States Copyright Laws. For purposes of clarification, the term “RIDGID Materials” does not include Your User Materials that You upload or otherwise post to the Site but does include the User Materials of other third parties using the Site.
- RIDGID owns the copyright in the overall selection, coordination, arrangement and enhancement of such RIDGID Materials, and owns the rights in, or license to use, the individual components of such RIDGID Materials. The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site are registered and unregistered Trademarks of RIDGID and others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of RIDGID or such party that may own the Trademark. Your use of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms, is strictly prohibited.
- RIDGID Materials may not be copied, reproduced, republished, modified, uploaded, posted, transmitted or distributed in any way or decompiled, reverse engineered or disassembled, except that You may download one copy of the RIDGID Materials on any single computer for Your personal, non-commercial use only, provided You keep intact all copyright, trademark and other proprietary notices and make no change in or deletion of author attribution. This limited authorization is not a transfer of title in the RIDGID Materials and You acknowledge that You do not acquire any license, ownership or other rights to the RIDGID Materials. Modification of the RIDGID Materials or use of the RIDGID Materials for any other purpose is a violation of RIDGID's or such other sources' copyright, trademark and other proprietary rights and may violate other laws. The use of any such RIDGID Materials on any other website or networked computer or environment is prohibited without RIDGID's express written consent.
- If You breach any of these Terms, Your authorization to use the Site automatically terminates and You must immediately destroy any downloaded or printed RIDGID Materials.
- THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, RIDGID DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OMISSIONS, COMPLETENESS, CURRENTNESS AND DELAYS. RIDGID DOES NOT WARRANT THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED, SECURE, COMPLETE OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER(S) THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. RIDGID SHALL HAVE NO LIABILITY ARISING FROM OR RELATED TO YOUR OPERATION AND/OR USE OF (OR INABILITY TO USE) THE SITE, THE RIDGID MATERIALS, OR YOUR USER MATERIALS. Some jurisdictions do not allow for the exclusion of implied warranties, so the above exclusions of implied warranties may not be applicable to You under certain circumstances.
- RIDGID also does not warrant the accuracy or completeness of the RIDGID Materials, including but not limited to the reliability of any advice, statement or other information displayed or distributed through the Site. You acknowledge that any reliance on any such RIDGID Materials, advice, statement or information shall be at Your sole risk.
- RIDGID does not assume any responsibility or risk for Your use of the Site. RIDGID does not guarantee or warrant that files available for downloading from the Internet will be free of infection of viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. RIDGID assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect, Your computer equipment or other property on account of Your access to, use of, or browsing in the Site (including any downloading of any RIDGID Materials from the Site).
- RIDGID may provide as a convenience to You, links to websites operated by other entities and persons, but makes no representations whatsoever about any other website which You may access through such links. RIDGID has no control over any websites linked to the Site and does not accept any responsibility for the content or the use of any such websites. If You use any website linked to the Site, You do so at Your own risk. RIDGID makes no warranty or representation regarding, and does not sponsor or endorse, any linked websites or the information or materials appearing thereon or any of the products and services described thereon. Furthermore, links shall not constitute an affiliation or association with RIDGID, or give authorization to, or imply that authorization has been given to, such linked site to use any trademark, trade name, logo, or copyright of RIDGID.
- Any opinions, statements, services, offers or other information or content expressed or made available in the Site by any third party are those of the respective author(s) or distributor(s) and not of RIDGID. You acknowledge and agree that RIDGID is not obligated to and will not as a standard practice monitor and/or police the RIDGID Materials that are posted on the Site by third parties. You further acknowledge and agree that RIDGID shall have no responsibility to You, or to any third party, for or have any obligation (including without limitation obligations of confidentiality) with respect to the RIDGID Materials that are posted on the Site by third parties. RIDGID SHALL HAVE NO LIABILITY OF ANY KIND WHATSOEVER ARISING FROM OR RELATED TO THE RIDGID MATERIALS PROVIDED BY THIRD PARTIES AND/OR YOUR USE THEREOF IN CONNECTION WITH THE SITE OR OTHERWISE.
- Your use and browsing of the Site is at Your risk. If You are dissatisfied with any of the RIDGID Materials contained in the Site, or with any of these Terms, Your sole and exclusive remedy is to discontinue accessing and using the Site.
- 19. UNDER NO CIRCUMSTANCES WILL RIDGID, ITS SUPPLIERS OR OTHER THIRD PARTIES REFERENCED ON, OR INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, COSTS AND EXPENSES OF ANY TYPE INCURRED, LOST PROFITS, LOST DATA OR PROGRAMS, AND BUSINESS INTERRUPTION) ARISING OUT OF YOUR ACCESS TO, USE, INABILITY TO USE OR THE RESULTS OF USE OF THE SITE, ANY WEBSITES LINKED TO THE SITE, OR ANY RIDGID MATERIALS AND/OR USER MATERIALS CONTAINED ON ANY OR ALL SUCH SITES (INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RESULTING FROM A FAILURE OF PERFORMANCE, ERROR, OMISSION, LINKING TO OTHER WEBSITES, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, OR DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY COMPUTER OR SYSTEM), WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT RIDGID WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU HEREBY RELEASE, FOREVER DISCHARGE, AND HOLD HARMLESS RIDGID AND ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM AND AGAINST ANY AND ALL MANNER OF LIABILITY, CLAIMS, COUNTERCLAIMS, DEMANDS, SETOFFS, DAMAGES, OR CAUSES OF ACTION, WHICH YOU NOW HAVE OR WHICH MAY HEREAFTER ACCRUE, WHETHER HERETOFORE ASSERTED OR UNASSERTED, KNOWN OR UNKNOWN, ARISING OUT OF, OR IN ANY WAY RELATING TO YOUR USE OF THE SITE OR THE RIDGID MATERIALS AND/OR USER MATERIALS PROVIDED THEREIN OR GENERATED THEREFROM, SPECIFICALLY INCLUDING BUT NOT LIMITED TO ANY CLAIMS BASED IN WHOLE OR IN PART UPON THE ALLEGED NEGLIGENCE OF RIDGID IN OPERATING THE SITE OR OTHERWISE.
- RIDGID shall have no liability or responsibility for any acts, omissions, or conduct of any user or third party.
- The RIDGID Materials on the Site may contain various forward-looking statements which may be based on or include assumptions concerning RIDGID's operations, future results and prospects. These forward-looking statements are based on current expectations and are subject to risk and uncertainties.
In connection with the "safe harbor" provisions of the United States' Private Securities Litigation Reform Act of 1995, RIDGID provides the following cautionary statement identifying important economic, political and technology factors which, among others, could cause the actual results or events to differ materially from those set forth or implied by the forward-looking statements and related assumptions.
Such factors include the following:
- changes in the current and future business environment, including interest rates and capital and consumer spending;
- competitive factors and competitor responses to RIDGID's initiatives;
- successful development and market introductions of anticipated products;
- changes in government laws and regulations, including taxes;
- unstable governments and business conditions in emerging economies;
- continuation of the favorable environment to make acquisitions, domestic and foreign, including regulatory requirements and market values of candidates.
- It has been and remains RIDGID's policy not to accept or consider ideas, suggestions or materials other than those that RIDGID has specifically requested from You. Accordingly, RIDGID does not want You to, and You should not, send any confidential or proprietary information to RIDGID through the Site unless specifically requested by RIDGID. Please note that any unsolicited information or material sent to RIDGID will be deemed not to be confidential or proprietary. This Section 23 shall not apply to any of Your User Materials that You upload or otherwise post to the Site.
- By submitting information and material to the Site, You automatically grant to RIDGID (or warrant that the owner of such information and material has expressly granted to RIDGID) a royalty-free, perpetual, irrevocable, unrestricted, right and license to use, reproduce, display, perform, modify, adapt, publish, translate, transmit and distribute, or otherwise make available to others such information and material (in whole or in part and for any purpose) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed. You also agree that RIDGID is free to use any ideas, concepts, know-how, or techniques that You send RIDGID for any purpose. This Section 24 shall not apply to any of Your User Materials that You upload or otherwise post to the Site. However, by uploading or otherwise posting any such User Materials to the Site, You hereby grant to RIDGID, and RIDGID’s designees, a worldwide, non-exclusive, sublicenseable (through multiple tiers), assignable, royalty-free, fully paid-up, perpetual, irrevocable right to use and display such User Materials solely in connection with providing to You the services offered through the Site.
- As further provided above, RIDGID does not want to receive, and You agree not to provide, any information or materials to RIDGID that are defamatory, threatening, obscene, harassing, in violation of any law, governmental requirements or otherwise unlawful, or that incorporate the proprietary information or materials of another person or entity.
- You shall not upload, post or otherwise make available on the Site any information and material protected by copyright, trademark or other proprietary right without the express written permission of the owner of such right(s). You shall be solely liable for any damages resulting from any infringement of copyright, proprietary rights, or any other harm resulting from such a submission.
- RIDGID reserves the right, in its sole discretion, to at any time correct any errors or omissions in any portion of the Site and/or RIDGID Materials. RIDGID Materials and features of the Site may also be changed, modified, added, discontinued, removed, or updated without notice at any time; however, RIDGID is under no obligation to update RIDGID Materials.
- RIDGID may also in its sole discretion make changes in the products, services, programs, or prices (if any) described in the Site at any time without notice.
- RIDGID may at any time in its sole discretion revise these Terms by updating the form of this document and posting the revised Terms on the Site. Your continued use of the Site after the revised Terms have been posted constitutes your acceptance of such revisions. You should therefore periodically visit this page to review the current Terms applicable to Your use of the Site.
- Anyone linking to RIDGID's Site must comply with RIDGID's guidelines for linking to RIDGID's Site and all applicable laws.
- The Site is administered by RIDGID from its offices in the United States. RIDGID Materials published at the Site may refer to products, programs, or services that are not available in Your country. Consult Your local RIDGID business contact in this regard. Furthermore, RIDGID makes no representation that the RIDGID Materials on the Site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited.
- You may not use the Site or export information and materials in violation of the export laws of the United States or any other country. If You access the Site from a location outside of the United States, You are responsible for compliance with all applicable laws.
- These Terms shall be governed by the laws of the State of Ohio, without giving effect to any principles of conflicts of law. Any legal action, suit or proceeding in any way arising out of these Terms must be brought solely and exclusively in the federal or state courts of the State of Ohio. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable then that provision shall be severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
- These Terms constitute the entire agreement between RIDGID and You with respect to Your use of the Site. Any cause of action You may have with respect to Your use of the Site must be commenced within six (6) months after the claim or cause of action arises.
- The failure of RIDGID to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
- RIDGID may provide to You, through its help desk or otherwise, basic technical support in connection with the operation of the Site. Such support may include, without limitation, suggestions relating to Your computer system, Your connection to the internet, and/or other matters outside of the operation of the Site. WHILE RIDGID SHALL TAKE COMMERCIALLY REASONABLE EFFORTS TO PROVIDE ACCURATE INFORMATION AND/OR SUGGESTIONS IN CONNECTION WITH SUCH TECHNICAL SUPPORT ACTIVITIES, YOU HEREBY ACKNOWLEDGE AND AGREE THAT RIDGID SHALL HAVE NO LIABILITY OF ANY KIND WHATSOEVER TO YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO SUCH TECHNICAL SUPPORT, INCLUDING, WITHOUT LIMITATION, THE SUGGESTIONS AND/OR INFORMATION PROVIDED BY RIDGID, THROUGH ITS HELP DESK OR OTHERWISE, IN CONNECTION WITH SUCH TECHNICAL SUPPORT.