Terms and Conditions

IMPORTANT : READ CAREFULLY: THIS IS A LEGAL AGREEMENT BETWEEN YOU AND RCG GLOBAL SERVICES. (“RCG”) REGARDING THE RCG WEB SITE (THE “WEB SITE”). PLEASE REVIEW THE FOLLOWING TERMS AND CONDITIONS CONCERNING YOUR USE OF THE WEB SITE. BY UTILIZING THE WEB SITE YOU AGREE TO FOLLOW AND BE BOUND BY THESE TERMS AND CONDITIONS. YOU ARE PERMITTED TO VIEW MATERIALS ON THE WEB SITE AS SET FORTH BELOW ONLY UPON THE CONDITION THAT YOU ACCEPT ALL THE TERMS CONTAINED IN THIS USER AGREEMENT (THE “AGREEMENT”).

ANY VIEWING OR USE OF THE MATERIALS ON THE WEB SITE BY YOU OR A THIRD PARTY ON YOUR BEHALF CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT

VIEWING AND USE OF MATERIALS

All materials provided on this Web Site, including but not limited to information, documents, products, logos, graphics, sounds, images, software, templates, and services (“Materials”), are provided either by RCG and/or by its respective third party sponsors, manufacturers, authors, developers, and vendors (“Third Party Providers”) and are the copyrighted work of RCG and/or its Third Party Providers. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of RCG and/or the appropriate Third Party Provider. Also, you may not “mirror” any Materials contained on this Web Site on any other server without RCG’s prior written consent.

 

Except as expressly provided otherwise by RCG, nothing on this Web Site shall be construed to confer any license to any of RCG’s or any Third Party Provider’s intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses. See the “Contact Information” below if you have any questions about obtaining such licenses. Materials provided by Third Party Providers have not been independently reviewed, tested, certified, or authenticated in whole or in part by RCG. RCG does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by RCG.

 

RCG hereby grants you permission to view RCG’s Materials on this Web Site provided that (1) the copyright notice identified in the following paragraph always appears on the Materials; (2) the viewing of such Materials is solely for your own informational use and will not be distributed, provided, or displayed to third parties, posted on any networked computer, or publicly broadcast in any media; (3) such viewing and use is only in accordance with the documentation, instructions, and other restrictions regarding the Materials; (4) the Materials are not in any way commercially sold, transferred or reproduced; (5) you . agree that you are not relying on the information contained on the Web Site; and (6) the Web Site does not constitute an offer to perform services or to perform such services in a particular manner or fashion unless the parties shall have fully executed RCG’s Master Service Agreement. Reproduction, display and distribution of the Material is expressly forbidden. This permission terminates automatically without notice immediately upon breach of any of the terms of this Agreement by you or by any person or entity acting on your behalf. Upon termination, you will immediately destroy any downloaded or printed Materials.

 

The following uses of the materials are prohibited: (1) use, reproduction and display other than to RCG registered users, (2) posting on any networked computer or public broadcast in any media, (3) use, reproduction or display other than in accordance with these terms and conditions and (4) commercial sale, transfer or reproduction.

 

In the event you download software from this Web Site (a prohibited act), the software, including any files, images incorporated or generated by the software, and data accompanying the software (collectively, the “Software”) are the sole property of RCG and/or its Third Party Providers. RCG and/or its Third Party Providers do not transfer title to the Software to you. You own the medium on which the Software is recorded, but RCG and/or its Third Party Providers retains full and complete title to the Software, and all intellectual property rights therein. You may not download, redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.

 

Any unauthorized use of any Materials contained in this Web Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

 

LINKS TO THIRD PARTY SITES

This Web Site may contain links to web sites controlled by parties other than RCG. RCG is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party web sites or any transactions completed through such sites. RCG is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by RCG of the linked web site, notwithstanding the inclusion on such site of the trademarks of RCG and/or its Third Party Providers. It is your responsibility to take precautions to ensure that whatever materials you select for your use is sufficient for your purposes and is free of viruses or other items of a destructive nature.

 

RCG does not endorse, guarantee the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for a particular purpose of any opinions, advice, statements, services, offers, links or other information or content expressed on the Web Site.

 

Under no circumstance shall RCG be liable for any loss or damage caused by your reliance on information obtained through RCG. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content.

 

By submitting materials or information to RCG, you automatically grant (or warrant that the owner of such rights has expressly granted) RCG a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials in any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that so-called “moral rights” in those materials have been waived and/or that you will not bring any action to enforce such rights.

 

DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY

YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. NEITHER RCG, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY PROVIDERS OR LICENSORS WARRANT THAT THE RCG WEB SITE AND ITS CONTENTS WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM VIEWING OR USE OF THIS WEB SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH RCG.

 

THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

 

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY MISSTATEMENTS, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OR CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT RCG IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER MEMBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

 

IN NO EVENT WILL RCG, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING RCG, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE RCG. RCG, OR ITS AFFILIATES, OR THIRD PARTY PROVIDERS SHALL NOT BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON RCG.

JURISDICTIONAL ISSUES

This Site is controlled and operated by RCG from its offices within the State of New Jersey, United States of America. RCG makes no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access the Web Site from other locations do so on their own initiative and are responsible for compliance with local laws including but not limited to the export and import regulations of other countries. You acknowledge and agree that Materials are subject to the U.S. Export Administration Laws and Regulations. Diversion of such materials contrary to U.S. law is prohibited. You agree that none of the Materials, nor any direct product therefrom, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoes countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects unless authorized by the U.S. Government. Proscribed countries are set forth in the U.S. Export Administration Regulations. Countries subject to U.S. embargo are: Cuba, Iran, Iraq, Libya, North Korea, Syria, and the Sudan. This list is subject to change without further notice from RCG, and you must comply with the list as it exists in fact. You certify that you are not on the U.S. Department of Commerce’s Denied Persons List or affiliated lists or on the U.S. Department of Treasury’s Specially Designated Nationals List. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.

 

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512 (c)(2), notifications of claimed copyright infringement should be sent to Corporate Counsel, RCG Global Services, 379 Thornall Street, 14th Floor, Edison, New Jersey 08837; (732) 744-3500; email Thomas.Laudise@rcggs.com

 

GENERAL

This Web Site may include inaccuracies or typographical errors. RCG and/or its Third Party Providers may make improvements and/or changes in the Materials and Services offered in this Web Site at any time without notice. RCG may periodically make changes to the Web Site. The terms of this Agreement shall be governed and construed in accordance with the laws of the State of New York. You agree that any and all disputes arising out of or relating to this agreement or its termination, except those disputes requiring immediate equitable or injunctive relief, shall be settled through expedited binding arbitration.  The arbitration shall be conducted by a mutually agreed upon third party arbitrator, at a mutually agreed upon location and subject to mutually agreed upon rules.  If the parties cannot reach agreement on an arbitrator, location or rules, the arbitration shall be administered by JAMS in Edison, NJ pursuant to the Federal Arbitration Act and utilizing the applicable JAMS rules (either the JAMS rules for Employment Arbitration, the JAMS rules for Streamlined Arbitration or the JAMS rules for Comprehensive Arbitration). The arbitrator shall be vested with determining all matters surrounding the Agreement, including, but not limited to, the enforceability and scope of this arbitration clause. The costs of such arbitration shall be borne equally by the parties with each party also bearing its own attorneys’ fees and any costs associated with presenting its proof. Judgment upon the award rendered may be entered in any court of competent jurisdiction. RCG and User agree to the exercise of personal jurisdiction over them by the JAMS. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This Agreement represents the entire understanding relating to the use of the Web Site and prevails over any prior or contemporaneous, conflicting or additional, communications, including but not limited to statements on the Web Site. RCG has the right to revise this Agreement at any time without notice by updating the Agreement posted to the Web Site. Any rights not expressly granted herein are reserved by RCG.

 

COPYRIGHT AND TRADEMARK INFORMATION

All contents of this Web Site are © 2015 RCG.  All Rights Reserved. The RCG logo is a trademark and service mark of RCG. All other trademarks, service marks and logos used in this Web Site are the property of their respective owners.

 

CONTACT INFORMATION

 If you have any questions about this Agreement, please contact Marketing Department, RCG Global Services, 379 Thornall Street, 14th Floor, Edison, New Jersey 08837; (732) 744-3500; email service@rcggs.com