Acceptance Of Terms
All text, graphics, photographs, trademarks, logos, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to RealTime Ops, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
You may use information on RealTime Ops products and services (such as data sheets, knowledge base or wiki publications, and similar materials) purposely made available by RealTime Ops for view or downloading from the Site, provided that you (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
Your Use Of The Site
You may not collect, gather, harvest, scrape, mine or engage in any other activity to obtain e-mail addresses, phone numbers, personal information or any other information about others. You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. RealTime Ops reserves the right to bar any such activity.
You may not use any Materials in any manner that infringes any Intellectual Property Rights or other rights of any party.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any RealTime Ops server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.
You may not access or attempt to access any Material that you are not authorized to access or Materials through any means not intentionally made available through the Site or Services. You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not use or attempt to gain access to or use another's account, password, Service, Materials or computer systems or networks connected to any RealTime Ops server or to the Site without authorization from RealTime Ops, whether through hacking, password mining or any other means.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or RealTime Ops' systems or networks, or any systems or networks connected to the Site or to RealTime Ops.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person's use of the Site.
You agree not to use any RealTime Ops domain name as a pseudonymous return e-mail address. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to RealTime Ops on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
Purchases & Additional Terms And Conditions
RealTime Ops' obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.
Price And Availability Information
Pricing and availability as set forth in the RealTime Ops Site are subject to change without notice. The RealTime Ops Site may contain references to future planned products of RealTime Ops and our partners. Such products are only planned and may not actually be produced. Any planned ship dates mentioned in reference to such future products are estimated ship dates only, and are not guaranteed. In addition, the materials on the Site with respect to products and services may be out of date, and RealTime Ops makes no commitment to update the materials on the Site with respect to such products and services.
The following terms also govern and apply to your use of the Site, and they are incorporated herein by this reference:
Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Site.
User IDs, Access Passwords & Security
Certain features or services offered on or through the Site may require you to open an account (including setting up an ID and password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify RealTime Ops immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by RealTime Ops or any other user of or visitor to the Site due to someone else using your ID, password or account.
You may not use anyone else's ID, password or account at any time without the express permission and consent of the holder of that ID, password or account. RealTime Ops cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
This Site may contain links to other independent third-party Web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under RealTime Ops' control, and RealTime Ops is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
THIS SITE, SERVICES AND MATERIALS MAY INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. REALTIME OPS MAY MAKE CHANGES TO THE SITE, MATERIALS AND SERVICES, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY SOFTWARE OR PRODUCTS LISTED, AT ANY TIME IN ITS SOLE DISCRETION AND WITHOUT NOTICE. THE SITE, MATERIALS AND SERVICES MAY BE OUT OF DATE, AND REALTIME OPS MAKES NO COMMITMENT TO UPDATE THE SITE, MATERIALS AND SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT: (i) REALTIME OPS DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY MATERIALS OR SERVICES OFFERED BY THIRD PARTIES, INCLUDING THIRD-PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKED SITES; (ii) REALTIME OPS MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR MATERIALS OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) REALTIME OPS SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY MATERIALS OR SERVICES OFFERED BY THIRD PARTIES.
REALTIME OPS DOES NOT CONTROL OR ENDORSE THE MATERIALS FOUND IN ANY SERVICES AND SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO THE SITE, SERVICES AND ANY ACTIONS RESULTING FROM YOUR USE OF THE SITE AND MATERIALS AND PARTICIPATION IN ANY SERVICES. MANAGERS, HOSTS, PARTICIPANTS AND OTHER THIRD PARTIES ARE NOT AUTHORIZED REALTIME OPS SPOKESPERSONS, AND THEIR VIEWS DO NOT NECESSARILY REFLECT THOSE OF REALTIME OPS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, REALTIME OPS WILL HAVE NO LIABILITY RELATED TO USER MATERIALS ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. REALTIME OPS ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER MATERIALS.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
RealTime Ops reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Limitation of Liability
In no event shall RealTime Ops, its officers, directors, employees, partners or suppliers be liable to you or any third party for any special, punitive, incidental, indirect or consequential damages or losses of any kind, or any damages or losses whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or if RealTime Ops has been advised of the possibility of such damages or losses, and on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with: (1) the access or use of or the inability to access or use the site, services, or materials; (2) the statements or actions of any third party on or via the site, services or materials; (3) any dealings with vendors or other third parties; (4) any unauthorized access to or alteration of your transmissions, user materials or other data; (5) any information that is sent or received or not sent or received; (6) any failure to store or loss of data, files, materials or other content; (7) any services available that are delayed or interrupted; (8) any web site referenced or linked to from this site; or (9) your access to or use of or inability to access or use any linked site. Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages. Accordingly, the limitations and exclusions set forth above may not apply to you.
You agree to indemnify and hold RealTime Ops, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made against RealTime Ops by any third party due to or arising out of or in connection with your use of the Site.
RealTime Ops may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) RealTime Ops' rights or property, or the rights or property of visitors to or users of the Site, including RealTime Ops' customers. RealTime Ops reserves the right at all times to disclose any information that RealTime Ops deems necessary to comply with any applicable law, regulation, legal process or governmental request. RealTime Ops also may disclose your information when RealTime Ops determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You agree that RealTime Ops may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
Dispute Resolution & Governing Law
Void Where Prohibited
RealTime Ops administers and operates the www.RealTimeOps.com Site from its location in Orange County, North Carolina USA. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. RealTime Ops reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
Trademark Policy Information
Any use of RealTime Ops trademarks for commercial purposes without the prior written consent of RealTime Ops may constitute trademark infringement and unfair competition in violation of federal and state laws. Refer to RealTime Ops' Third Party Trademark Policy for more information, available on request.
To obtain permission to use RealTime Ops copyrighted materials or if you have any questions concerning the usage or licensing of RealTime Ops copyrighted materials, please submit your detailed request in writing. You can e-mail your request to firstname.lastname@example.org or fax it to (919)-442-0039.
RealTime Ops's Unsolicited Idea Submission Policy
RealTime Ops or any of its employees do not accept or consider unsolicited ideas, including ideas for advertising campaigns, promotions, products, technologies, processes, materials, marketing plans or product names. Please do not send any original creative artwork, suggestions or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when RealTime Ops' products or marketing strategies might seem similar to ideas submitted to RealTime Ops. So, please do not send your unsolicited ideas to RealTime Ops or anyone at RealTime Ops. If, despite our request that you not send us your ideas, you still send them, then regardless of what your letter says, the following terms shall apply to your idea submission.
Terms of Idea Submission
You agree that: (1) your ideas will automatically become the property of RealTime Ops, without compensation to you, and (2) RealTime Ops can use the ideas for any purpose and in any way, even give them to others.
RealTime Ops does, however, welcome your feedback regarding many areas of RealTime Ops' existing business. If you want to send us your feedback, and we hope you do, we simply request that you send it to us at email@example.com, or you can choose from other listed areas for your feedback. Please provide only specific feedback on RealTime Ops' existing products or marketing strategies; do not include any ideas that RealTime Ops' policy will not permit it to accept or consider. It's just one more way that RealTime Ops can learn how to best satisfy your needs.
Software and Documentation Information
Use of any software from this Site is subject to the software license terms set forth in their respective Software Licenses. The software license agreements are available for review whenever software is downloaded at this site.
Any person is hereby authorized to: a) store documentation on a single computer for personal use only and b) print copies of documentation for personal use provided that the documentation contains RealTime Ops' copyright notice or their respective owner's copyright notice.
Third Party Companies and Products
Mention of third-party products, companies and web sites on the RealTime Ops Site is for informational purposes only and constitutes neither an endorsement nor a recommendation. RealTime Ops assumes no responsibility with regard to the selection, performance or use of these products or vendors. RealTime Ops provides this only as a convenience to our users. RealTime Ops has not tested all hardware and software found on these sites and makes no representations regarding the quality, safety, or suitability of any software found there. There are dangers inherent in the use of any software found on the Internet, and RealTime Ops assumes no responsibility with regard to the performance or use of these products. Make sure that you completely understand the risks before retrieving any software on the Internet. All third party products licenses and warranties, if any, take place between you and the third-party.
Terms & Conditions of Sale
The information contained in this Site is subject to change without notice. RealTime Ops, Inc.. Updated August, 2006.