Terms of Use
November 2019
RFID Global Solution, Inc. (“RFID GLOBAL”) provides and maintains the RFID GLOBAL website, Visi-Trac Asset Manager and Visi-Trac Mobile applications, and RFID GLOBAL Customer Support Portal. Following are the Terms of Use (“Agreement”) between you and RFID GLOBAL regarding these products and services. By accessing or using our website, products or services, you acknowledge that you have read, understand and agree to be bound by these terms and comply with all applicable laws and regulations, including export and re-export control laws and regulations.
RFID GLOBAL may revise these Terms of Use, other information contained in our website, and make improvements or changes to the products, services or programs described in this site at any time, without notice. Use of our website or online products and services after revised Terms of Use have been posted will constitute your acceptance of the revised terms.
Your acceptance of this Agreement shall not affect any written agreements between you and RFID GLOBAL, all of which shall remain in full force and effect according to their terms. With respect to your use of our site and online products and services, any written agreement between you and RFID GLOBAL shall govern in the event of any inconsistency between this Agreement and such written agreement. If you do not agree with these terms, please do not use our website or online services.
Rights
This website contains proprietary notices and copyright information, the terms of which must be observed and followed.
RFID GLOBAL grants you a non-exclusive, non-transferable, limited permission to access and display the web pages within this site as a customer or potential customer, provided you comply with these Terms of Use and all trademark, copyright and other proprietary notices remain intact. Your right to access and use our services is personal to you and is not transferable by you to any other person or entity.
Except for the limited permission in the preceding paragraph, RFID GLOBAL does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror any of the content from this site on another website or in any other media. Any software and other materials that are made available for downloading, access, or other use from this site with their own license terms will be governed by such terms, conditions and notices.
Your failure to comply with such terms or any of the terms on this site will result in automatic termination of any rights granted to you, without prior notice. You must immediately destroy all copies of downloaded materials in your possession, custody or control.
Business Purpose
Our Visi-Trac Asset Manager and mobile applications assist you in creating and maintaining inventory records. These include information regarding business assets and their location, status, condition, warranty and service history. Our product is not intended to provide financial, tax or legal advice. RFID GLOBAL is not a financial planner or tax advisor and does not have possession of records or proof of asset ownership. Our products are intended only to assist you in maintaining inventory records. Accordingly, before implementing any record management or financial strategy, you should consider obtaining advice from your in-house accounting or other financial advisers. You acknowledge that RFID GLOBAL disclaims any responsibility for or liability related to your use of our products and services.
Lawful Use
You are entitled to access and use our services for lawful purposes only. Your access to and use of our services is subject to all applicable international, federal, state and local laws and regulations. You represent and warrant that you will not use our services in any manner or for any purposes that are unlawful or prohibited by this Agreement.
Accurate records enable RFID GLOBAL to provide asset management services to you. You must provide accurate, current and complete information about your accounts and you may not misrepresent your registration information. In order for our products to function effectively, you must keep your asset and registration information up to date. If you do not, the accuracy and effectiveness of our services will be impacted.
You agree that RFID GLOBAL may use your input, suggestions, or ideas in any way, including future modifications of our products or services or marketing materials. You grant RFID GLOBAL a perpetual, worldwide, fully-transferable, sub-licensable, irrevocable, fully paid-up, royalty-free license to use the feedback you provide in any way.
The use authorized under this agreement is non-commercial in nature; you may not sell the content you access on or through this website. All other use of this website is prohibited.
You may only use a crawler to crawl this website as permitted by this website’s robots.txt protocol. RFID GLOBAL may block any crawlers in its sole discretion. You further agree that you will not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor our website or online services, without RFID GLOBAL’s express written consent, which may be withheld at RFID GLOBAL’s sole discretion. You may not use or attempt to use any engine, software tool, agent, or other mechanism or device, including without limitation browsers, robots, spiders or intelligent agents, to navigate or search our services, other than the search engines and search agents available through our services or generally available third-party web browsers. You may also not post or transmit any file which contains viruses, Trojan horses or any other destructive or contaminating features, or that otherwise interfere with the proper working of RFID GLOBAL’s products and services. You may not attempt to decompile, disassemble, or reverse-engineer any of the software comprising or making up our products and services.
Our services are not targeted towards, nor intended for use by anyone under the age of 18. By using our services, you represent and warrant that you are 18 years of age or older. RFID GLOBAL reserves the right to terminate any users in the event that we become aware you are under 18.
Confidential Information
RFID GLOBAL does not want to receive confidential or proprietary information from you through our website. Please note that any information or material sent to RFID GLOBAL will be deemed to be NON-confidential. By sending RFID GLOBAL any information or material, you grant RFID GLOBAL an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use those materials or information. You also agree that RFID GLOBAL is free to use any ideas, concepts, know-how or techniques that you send us for any purpose.
However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this site will be published or otherwise used with your name on it; or (c) we are required to do so by law. Personally-identifiable information (“PII”) that you submit to RFID GLOBAL for the purpose of receiving products or services will be handled in accordance with our Privacy Policy. Please see the page on our site entitled “Privacy Statement” for information regarding RFID GLOBAL’s Privacy Policy.
User Content
By using our services, you may choose to submit usernames, data, information, log-in credentials and passwords, as well as information such as property records, warranty information, and other materials and content (“User Content”). You agree that you shall not post any User Content that misappropriates or infringes on any third party’s trademark, copyright, patent or other proprietary rights or rights of privacy; that violates any law, regulation, statute or ordinance (including, but not limited to, those governing export control, unfair competition, consumer protection, anti-discrimination or false advertising); that is or may reasonably be considered to be libelous, defamatory, biased, offensive or hateful, unlawfully threatening or harassing to any individual or corporation; pornographic or obscene; that contains individually-identifiable health information subject to the HIPAA Privacy Rule; or that violates any agreement you may have entered into with a third party; or that contains any computer viruses or potentially damaging computer programs or files.
By submitting User Content to RFID GLOBAL, you are licensing that User Content to RFID GLOBAL solely for the purpose of providing services. Included among that User Content is your name and logo, which you hereby authorize RFID GLOBAL to display on its website and customer list and in RFID GLOBAL’s marketing materials. RFID GLOBAL may use and store the User Content, but only to provide asset management services to you. By submitting User Content to RFID GLOBAL, you represent that you are entitled to submit it for use for this purpose, without any obligation by RFID GLOBAL to pay any fees or other limitations.
Intellectual Property Rights
Unless otherwise noted, all information, data, designs, text, images, photographs, video, graphics, icons, and other materials appearing on our website and in our products and services which are not User Content; and all software, processes, procedures, methods, methodologies, know-how, algorithms, techniques, and other technologies displayed, used or incorporated in its website, products and services by RFID GLOBAL are trademarks, copyrights, service marks, trade secrets, or other intellectual property or proprietary content owned or licensed by RFID GLOBAL. You may use the available content and technology owned by RFID GLOBAL only for your own business purposes, but you may not reverse-engineer or decompile any of our products and services. You may print a copy of our content solely for such purposes, but you may not remove any trademark, copyright or other notice. You may not use RFID GLOBAL content or technology on behalf of a third party. You may not distribute, publish, transmit, modify, create derivative works from, or in any way exploit, any of the available content and technology or RFID GLOBAL, in whole or in part, for any purpose without the express written permission of RFID GLOBAL. Nothing in this Agreement shall be construed as granting any permission, right, or license in any of our content or technology. All intellectual property rights are fully reserved by RFID GLOBAL and any third party owners of those rights.
Third Parties
This website may provide links or references to non-RFID GLOBAL websites and resources. RFID GLOBAL makes no representations, warranties, or other commitments or endorsements about any non-RFID GLOBAL websites or third-party resources that may be referenced, accessible from, or linked to any RFID GLOBAL site. In addition, RFID GLOBAL is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties, or use a link to such parties, from an RFID GLOBAL site. When you access a non-RFID GLOBAL website, even one that may contain the RFID GLOBAL-logo, please understand that it is independent from RFID GLOBAL, and that RFID GLOBAL does not control the content on that website. It is up to you to take precautions to protect yourself from computer viruses, Trojan horses, and other potentially destructive programs, as well as to protect your information.
Links to other sites
Our service may include links to third-party websites. You may have accessed our site or services via links from other third-party sites. Such links are permitted for convenience, and RFID GLOBAL is not responsible for the information, products, services, content, advertising, or other materials on any third-party website, regardless of whether such third-party site is accessible by a link from one of our sites. The inclusion of links does not imply endorsement by RFID GLOBAL of any third-party website.
RFID GLOBAL consents only to links to this website in which the link and the pages that are activated by the link do not: (a) create frames around any page on this website or use other techniques that alter in any way the visual presentation or appearance of any content within this site; (b) misrepresent your relationship with RFID GLOBAL; (c) imply that RFID GLOBAL approves or endorses you, your website, or your product or service offerings; and (d) present false or misleading impressions about RFID GLOBAL or otherwise damage the goodwill associated with the RFID GLOBAL name or trademarks. As a further condition to being permitted to link to this website, you agree that RFID GLOBAL may at any time, in its sole discretion, terminate permission to link to this site. In such event, you agree to immediately remove all links to this website and to cease any related use of RFID GLOBAL trademarks.
Data Protection and Access
You are responsible for safeguarding the password that you use to access your User Account. It is recommended that you choose a strong password, i.e., a password of sufficient length and complexity such that third parties will not be able to readily guess your password. You should take measures to maintain the confidentiality of the username and password associated with your User Account, and you must notify RFID GLOBAL promptly of any unauthorized use or suspected breach of security of your User Account. RFID GLOBAL shall not be liable for any losses that may result from any unauthorized use of your User Account or failure to maintain appropriate confidentiality measures. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your User Account, whether or not you have authorized such activities or actions. RFID GLOBAL owns your User Account credentials and may revoke or change them at any time.
Use of our products and services is available through an Internet browser or mobile device and may require network connections and software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees, as well as the terms of your agreement with your mobile device and telecommunications provider.
Disclaimer of Warranties
RFID GLOBAL does not warrant that our website, products and services will be available. Your access and use of our services may be interrupted from time to time for any of several reasons, including, without limitation, periodic updating, the maintenance or repair of such services or other actions that RFID GLOBAL, in its sole discretion, may elect to take, or the malfunction of equipment.
RFID GLOBAL does not warrant that User Content, or RFID GLOBAL’s content or technology, regardless of the source, is accurate, complete, reliable or current. Our website is provided for informational purposes and does not constitute an endorsement by RFID GLOBAL of any product, service or merchant. From time to time, our website may contain technical inaccuracies or typographical errors. Please confirm you are using the most up-to-date pages on this website and confirm the accuracy and completeness of information before making decisions relating to products, services, or other matters described herein.
All materials, information, data, products, software programs and services, text, graphics, User Content and RFID Global content and technology, contained within or available through our products and services are provided on an “As Is” and “As Available” basis. RFID GLOBAL makes no representations or warranties of any kind, either express or implied, as to the operation of our services. Without limiting the foregoing, RFID GLOBAL does not warrant or represent that its services will operate error-free or uninterrupted, that defects will be corrected, or that the service and its servers will be free of viruses and other harmful components.
To the fullest extent permissible pursuant to applicable law, RFID GLOBAL disclaims all representations and warranties of any kind, either express or implied, including, but not limited to, the implied warranties of (i) merchantability or satisfactory quality, (ii) fitness for a particular purpose, (iii) Title, and (iv) non-infringement of the rights of third parties.
RFID GLOBAL further makes no warranties or representations of any kind, express, statutory or implied as to: (i) the availability of telecommunication services and access to the service at any time or from any location; (ii) any loss, damage, or other security intrusion of your telecommunications services; and (iii) any disclosure of information to third parties or failure to transmit any data, communications or settings connected with the service.
If you download or otherwise obtain materials, information, products, software, programs or services from our website, you do so at your own discretion and risk and you will be solely responsible for any damages that may result, including loss of data or damage to your computer system.
Limitation of Liability
In no event shall RFID GLOBAL, its licensors or service providers, or any other person or entity involved in creating, maintaining, hosting, or making available any User Content, or RFID GLOBAL content, technology, or other aspect of our services, be liable to you or any other person or entity for any direct, indirect, incidental, special, consequential, punitive, or other such damages, including but not limited to any damages associated with: loss of goodwill, profits, business interruption, or data, or other such losses; your inability to use our services, any unauthorized use of the services, or any function of our services or failure of our service to function; the provision of or failure to provide any service; or errors or inaccuracies in the User Content, or RFID GLOBAL’s content, technology, products and services used, viewed, or obtained; or any property loss including damage to your computer or computer system caused by viruses or other harmful components encountered during or on account of access to or use of our services or any third-party website linked to our service.
These limitations of liability shall apply regardless of the form of action, whether based in contract, negligence, strict liability, other tort, or otherwise, even if RFID GLOBAL has been advised of the possibility of any particular damages. To the extent you allege or assert any damages associated with our services which are not excluded by the foregoing, then RFID Global’s liability, and that of its licensors or service providers, for such damages shall not exceed one hundred dollars ($100.00 USD).
Indemnification
You agree to indemnify, defend, and hold harmless RFID GLOBAL, its licensors and service providers, and their respective past and present officers, directors, employees, and representatives, from and against any and all claims, actions, demands, liabilities, costs, and expenses, including, without limitation, reasonable attorneys’ fees, resulting from your breach of any provision of this Agreement, including any warranty you provide herein, or otherwise resulting in any way from your use of our services.
Governing Law
These terms will be governed by the laws of the Commonwealth of Virginia or applicable federal law. You agree to submit to the personal jurisdiction of the state and federal courts located in Virginia, and waive any objections thereto. You further agree that any dispute arising from or related to your use of our products and services must be brought exclusively in the state or federal courts located in Fairfax County, Virginia.
If any term in this Terms of Use is found by competent judicial authority to be unenforceable in any respect, the validity of the remainder of the this Terms of Use will be unaffected, provided that such lack of enforceability does not materially affect the parties’ rights under this Terms of Use.
Assignability
RFID GLOBAL may assign this Agreement and its rights and obligations hereunder to an affiliated company or, in the event of a merger or acquisition or the sale of substantially all of RFID GLOBAL’s assets related to the services being provided to you, to the surviving or successor entity with reasonable notice to you. You may not assign this Agreement or the rights and obligations hereunder without the prior written consent of RFID GLOBAL.
Termination
The term of this Agreement shall commence upon your first use of our website, products or services, and shall continue (i) as long as you or any persons given access by you retain access rights to our services, or (ii) until RFID GLOBAL ceases to operate its services or closes your User Account. Without limiting the foregoing, RFID GLOBAL may cease to provide your User Account in the event of: (i) any dispute or termination of RFID GLOBAL’s relationship with you; (ii) any dispute concerning ownership or control of your User Account; or (iii) use of your User Account in a manner that RFID GLOBAL, in its sole discretion, considers improper or unacceptable. RFID GLOBAL reserves the right to limit the period of time during which RFID GLOBAL may make any User Content pertaining to you available. Our software should not be viewed as your backup, archival or storage service with respect to any User Content.
Privacy Policy
Any data that you provide is subject to the Privacy Policy posted on our website and in effect at the time such data is provided. RFID GLOBAL may update its Privacy Policy from time to time, so you should be sure to review the Privacy Policy posted on our website prior to providing any information. This Agreement and Privacy Policy, which is incorporated herein by reference, constitute the entire Agreement and supersede any other agreements or understanding, oral or written, between you and RFID GLOBAL with respect to these subject matters.
Google Maps Terms
In addition to this Agreement, the following provisions apply with respect to your use of Google Maps functionality that may be embedded in our software applications. Your use of this functionality is governed by the Google Maps/Earth Additional Terms of Service, which is available at http://www.google.com/help/