Terms & Conditions
Ownership, License, Use
Unless otherwise stated, the Site and its contents are owned and operated by RFID, Inc., a Colorado company. RFID owns all rights in the name “RFIDInc” and various other RFID trade names, trademarks and service marks, and reserves all worldwide rights to such property. The Site and all materials appearing on it are protected by copyright and may not be used or reproduced without our prior written permission. Other trademarks or copyrighted materials appearing on the Site are the property of their respective owners and may not be used without permission.
You may access and use the materials and information on our Site as they appear there for your own business use, personal use or professional development. Any materials that you download for your own use must maintain all copyright or other notices. Any redistribution, retransmission, commercial exploitation, linking, or other uses are strictly prohibited without our explicit permission.
You shall not copy and edit any of the materials or other content on our website, nor shall you integrate them into any other media. You shall not claim ownership or authorship, or otherwise use them except as we expressly permit. You shall not hack into our Site, or otherwise gain unauthorized access to or make improper use of any content on or related to the Site and you agree that you are liable for all damages to us, our customers and our suppliers resulting, directly or indirectly, from any such unauthorized access or improper use.
Complaints regarding content posted on the Site
We respect the intellectual property rights of others and strive to offer a platform with no content that violates those rights. These Terms require that information posted by users be accurate, lawful and not in violation of the rights of third parties. If you believe that any information posted on the Site is unlawful or inaccurate, or violates the intellectual property or other rights of you or anyone else, please contact us.
We do not actively monitor the Site for inappropriate material or information that may have been provided or posted by third parties. However, if any inappropriate posting is brought to our attention, we will take reasonable and appropriate action.
You are responsible for complying with the laws of the jurisdiction wherever you are located, and you agree that you will not access or use the Site, its information, or materials in violation of such laws. You are solely responsible for the confidentiality and protection of access tools, user name and password, if any, by which you utilize the Site. You must notify us immediately if you believe that any of your access tools to the Site, including but not limited to a user name or password, has been compromised. We reserve the right to terminate your access to the Site if you do not abide by these guidelines.
No Representations or Warranties;
We provide you access to the information and materials on the Site on an “AS IS” basis without any representations or warranties. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT FOR THE SITE AND FOR ANY PRODUCTS OR SERVICES OBTAINED VIA THE SITE. No advice or information, whether oral or written, obtained by you through or from the Site shall create any warranty. Warranties on our products and services are only those that are expressly provided to you and not any warranties stated or implied by the Site.
We reserve the right to amend or withdraw, in whole or in part, the information, materials, products and services provided on or through the Site at any time without notice.
Limitation of Liability
We will not be liable or responsible for any damages or injuries caused by use of the Site (such as viruses, omissions or misstatements). We are not responsible or liable for any interruption or discontinuation of the Site or our subscriptions. We also reserve the right to terminate your access to all or part of the Site or our products and services without notice. While we may offer a variety of information, materials, products and services through the Site, we make no promises about the accuracy, applicability to you or any other user or completeness of the Site’s content. Correspondingly, you confirm that you have not relied on the accuracy, applicability or completeness of any such content. In no event shall we be liable for any special, indirect, or consequential damages or any damages whatsoever resulting from loss of use, data, or profits, arising out of or in connection with the use or performance of any information posted on the Site. OUR TOTAL LIABILITY IS ALWAYS LIMITED TO THE AMOUNT, IF ANY, THAT YOU ACTUALLY PAID US FOR ACCESSING THE SITE OR $1, WHICHEVER IS GREATER.
RFID, its officers, directors, employees, shareholders, successors or heirs (the “Protected Persons”) shall in no event be liable for any claims, damages or related expenses or liabilities, including, but not limited to, indirect, incidental, consequential, special, general, exemplary or punitive damages, arising from, or directly or indirectly related to: (a) the use of, or the inability to use, the Site, materials and functions relate thereto, your provision of information via the Site, lost business or lost sales, even if such Protected Persons have been advised of the possibility of such damages; (b) the purchase and/or use of any products, services, discounts or deals obtained through the Site; or (c) any misprints or inaccuracies that may be found to exist on the Site.
You agree to defend, indemnify and hold harmless the Protected Persons from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Site, the use of your username or password, if any, with or without your authorization, your placement or transmission of any message, content, information, software or other materials available on or through the Site, or your violation of applicable law, these Terms or of any of our policies. RFID reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, albeit still at your expense, and in such case, you agree to cooperate with RFID’s defense of such claim.
Third Party Links
Linking to the Site
Other Internet websites may provide hypertext or "Hot Links" to the home page of the Site, provided that they are not “deep” links (i.e., links other than to the home page of the Site), and provided further that they are not “framed,” surrounded or obfuscated by other non-RFID content, materials or branding. We may insist that any link to the Site be discontinued, and revoke your right to link to the Site from any other website at any time by written notice to you.
RFID may terminate, change, suspend or discontinue any aspect of the Site at any time. RFID may restrict, suspend or terminate your access to the Site if we believe you are in breach of these Terms or applicable law, or for any other reason without notice or liability to you.
Terms Governing International Use
We control and operate the Site from our offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with their own local laws, if and to the extent local laws are applicable. Any information collected through this Site will be transferred to and processed within the United States of America.
If you have a dispute with RFID, you agree to contact us through the Site to attempt to resolve the issue informally first. If we are not able to resolve the dispute informally, then this section will govern any legal dispute that relates to the Site or involves our products, materials or services.
- Binding Arbitration. You and RFID agree that any dispute, claim or controversy arising out of or relating to these Terms or to your use of the Site (collectively "Disputes") will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. This means that you and RFID both waive the right to a trial by jury.
- Class Action Waiver. You and RFID agree that any proceedings to resolve Disputes will be conducted on an individual basis and not in a class, consolidated, or representative action.
- Arbitration Administration and Rules. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Expedited Procedures of the Commercial Arbitration Rules irrespective of the dollar amount of the parties’ claims (the "AAA Rules") as then in effect, except as modified by this "Dispute Resolution' section. (The AAA Rules are available at http://www.adr.org or by calling the AAA at 1-800-778-7879).
- Arbitration Location and Procedure. Unless you and RFID agree otherwise, the arbitration shall be held in Denver, Colorado. If the total claims involved in the Dispute do not exceed USD$10,000, then the arbitration will be conducted solely on the basis of documents you and RFID submit to the arbitrator, unless you request a hearing and the arbitrator then determines that a hearing is necessary. If the total Dispute exceeds USD$10,000, your right to a hearing will be determined by AAA Rules. Subject to AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. No depositions will be permitted under any circumstances. Hearings may be conducted by telephone or video conference, if requested and agreed to by the parties.
- Arbitrator's Decision and Governing Law. The arbitrator shall apply Colorado law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized by law. The arbitrator will render an award within the timeframe specified in the AAA Rules. Judgment on the arbitration may be entered in any court having jurisdiction thereof. Any award of damages by an arbitrator must be consistent with the "Limitation of Liability", “Release” and “Indemnification” sections above. The arbitrator may award declaratory or injunctive relief only to the extent necessary to provide relief warranted by the individual claim.
- Fees. Each party will be responsible for the party's own costs and fees, including arbitration filing fees, administrative and arbitrator fees and attorneys’ fees.
These Terms and the relationship between you and RFID shall be governed by the laws of the State of Colorado, without regard to its conflict of law provisions.
English is the authoritative text of this Agreement and all communications, notices, arbitrations and other actions and proceedings relating to this Agreement will be made and conducted in English, even if we choose to provide translations of this Agreement into the native languages in certain countries. No terms of this Agreement, nor any right, obligation, or remedy hereunder is assignable, transferable, delegable, or sublicensable by you except with our prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. We may assign, transfer, or delegate this Agreement or any right or obligation or remedy hereunder in our sole discretion. Our failure to assert a right or provision under this Agreement will not constitute a waiver of such right or provision. Any heading, caption, or section title in these Terms is for convenience only does not define or explain any section or provision hereof.
You agree to execute a hard copy of these Terms and any other documents, and take any actions at our expense that we may request to confirm and effect the intent of these Terms and any of your rights or obligations hereunder. These Terms supersede all prior terms, agreements, discussions and writings regarding the Site and constitute the entire agreement between you and us regarding the Site. If any part of these Terms is found to be unenforceable, then that part will not affect the enforceability of the remaining parts of the Agreement, which will remain in full force and effect.
Feel free to contact us with any questions about these Terms by visiting the Site.
14190 E. Jewell Avenue, Suite 4
Aurora, CO 80012
Last updated June 2018