Terms of Use
Thank you for visiting the website (the “Website”) of the RAPID, LLC (“RAPID”). This page contains the terms and conditions (the “Terms”) that apply to your use of this Website.
IMPORTANT! This Website contains only general information, is designed for educational and research purposes only, and is not intended to be a substitute for professional medical advice, diagnosis, or treatment. For example, the Website is not intended to transmit personal information including but not limited to Personal Health Information (PHI) under HIPAA. Users of this Website should not rely on information provided in this Website as medical advice. If you have a health-related problem, or any specific medical questions, please consult with your health care provider. Use of this Website does not create a patient relationship with RAPID or its medical staff. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, DIAL 9-1-1 (USA) OR YOUR LOCAL COUNTRY’S MEDICAL EMERGENCY EQUIVALENT.
1. ACCEPTANCE.
PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS OF USE. BY ENTERING THIS WEBSITE, YOU AGREE TO ITS TERMS. If you do not agree to the Terms, you may not use this Website. We reserve the right, at our discretion, to update or revise these Terms of Use. Please check the Terms periodically for changes. Your continued use of the Website following the posting of any changes to the Terms constitutes acceptance of those changes. RAPID reserves the right to modify or terminate the Website at any time without notice.
2. PRIVACY NOTICE
By using the Website, You consent to the collection and use of certain information about You, as specified in the Rapid Privacy Notice. Use of information we collect is subject to the Privacy Notice in effect at the time such information is used.
3. ELIGIBILITY
Opinions, advice, statements, or other information made available by means of the Services by third parties, are those of their respective authors, and should not necessarily be relied on. Such authors are solely responsible for such content. RAPID DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD-PARTY INFORMATION; OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE BY A THIRD-PARTY. UNDER NO CIRCUMSTANCES WILL RAPID BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT TRANSMITTED TO OR BY ANY THIRD-PARTY.
5. ASSUMPTION OF RISK
YOU KNOWINGLY ASSUME THE RISK WHEN USING THE WEBSITE. YOU, ON BEHALF OF YOURSELF, YOUR PERSONAL REPRESENTATIVES AND HEIRS, HEREBY VOLUNTARILY AGREE TO RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFEND AND INDEMNIFY RAPID AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, REPRESENTATIVES, SUBLICENSEES, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL CLAIMS, ACTIONS OR LOSSES FOR BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF SERVICES OR OTHER DAMAGES OR HARM, WHETHER TO YOU OR TO THIRD PARTIES, WHICH MAY RESULT FROM YOUR USE OF THE WEBSITE.
6. THIRD-PARTY SITES.
The Website may include links to sites of third parties (“Third-Party Websites”). RAPID does not have control over the content and performance of Third-Party Websites. RAPID HAS NOT REVIEWED, AND CANNOT REVIEW OR CONTROL, ALL OF THE MATERIAL, INCLUDING COMPUTER SOFTWARE OR OTHER GOODS OR SERVICES, MADE AVAILABLE ON OR THROUGH THIRD-PARTY WEBSITES. ACCORDINGLY, RAPID DOES NOT REPRESENT, WARRANT OR ENDORSE ANY THIRD-PARTY WEBSITE, OR THE ACCURACY, CURRENCY, CONTENT, FITNESS, LAWFULNESS OR QUALITY OF THE INFORMATION MATERIAL, GOODS OR SERVICES AVAILABLE THROUGH THIRD-PARTY WEBSITES. RAPID DISCLAIMS, AND YOU AGREE TO ASSUME, ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES OR OTHER HARM, WHETHER TO YOU OR TO THIRD PARTIES, RESULTING FROM YOUR USE OF THIRD-PARTY WEBSITES. YOU AGREE THAT, WHEN LINKING TO OR OTHERWISE ACCESSING OR USING A THIRD-PARTY WEBSITE, YOU ARE RESPONSIBLE FOR: (I) TAKING PRECAUTIONS AS NECESSARY TO PROTECT YOU AND YOUR COMPUTER SYSTEMS FROM VIRUSES, WORMS, TROJAN HORSES, MALICIOUS CODE AND OTHER HARMFUL OR DESTRUCTIVE CONTENT; (II) ANY DOWNLOADING, USE OR PURCHASE OF MATERIAL THAT IS OBSCENE, INDECENT, OFFENSIVE, OR OTHERWISE OBJECTIONABLE OR UNLAWFUL, OR THAT CONTAINS TECHNICAL INACCURACIES, TYPOGRAPHICAL MISTAKES AND OTHER ERRORS; (III) ANY DOWNLOADING, USE OR PURCHASE OF MATERIAL THAT VIOLATES THE PRIVACY OR PUBLICITY RIGHTS, OR INFRINGES THE INTELLECTUAL PROPERTY AND OTHER PROPRIETARY RIGHTS OF THIRD PARTIES, OR THAT IS SUBJECT TO ADDITIONAL TERMS AND CONDITIONS, STATED OR UNSTATED; (IV) ALL FINANCIAL CHARGES OR OTHER LIABILITIES TO THIRD PARTIES RESULTING FROM TRANSACTIONS OR OTHER ACTIVITIES; AND (V) READING AND UNDERSTANDING ANY TERMS OF USE OR PRIVACY POLICIES THAT APPLY TO THOSE THIRD-PARTY WEBSITES.
7. THIRD-PARTY SERVICES
Certain features, aspects, products, and services offered through the Services are provided, in whole or in part, by third parties (“Third-Party Services” as provided by “Third-Party Service Providers”). To use Third-Party Services, You may be required to enter into additional terms and conditions with Third-Party Service Providers. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO BE BOUND BY THOSE ADDITIONAL TERMS AND CONDITIONS, YOU MAY NOT USE THE RELATED THIRD-PARTY SERVICES. In the event of any inconsistency between terms and conditions relating to Third-Party Services and these Terms of Use, those additional terms and conditions will control, although only with respect to such Third-Party Services. The providers of Third-Party Service Providers may collect and use certain information about you, as specified in the Third-Party Service Providers’ privacy policies. Prior to providing information to any Third-Party Service Provider, you should review their privacy Notice. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO THE TERMS OF A THIRD-PARTY SERVICE PROVIDER’S PRIVACY NOTICE, YOU SHOULD NOT USE THE RELATED THIRD-PARTY SERVICES. RAPID HEREBY DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY OF YOUR INFORMATION COLLECTED OR USED BY THIRD-PARTY SERVICE PROVIDERS.
8. USER CONTENT
“User Content” is any content, materials or information (e.g., any text, information, photos, images, video, and other content and material) that You upload or post to, or transmit, display, perform or distribute by means of Your use of Website or through the use of any Third-Party Websites or Third-Party Services. You hereby grant Rapid and its officers, directors, employees, agents, affiliates, representatives, service providers, partners, sublicensees, successors, and assigns (collectively, the “Rapid Parties“) a perpetual, fully paid-up, worldwide, sublicensable, irrevocable, assignable license to copy, distribute, publish, transmit, publicly display or perform, edit, modify, translate, reformat and otherwise use User Content in connection with the operation of the Services or any other similar services or related business, in any medium now existing or later devised, including without limitation in advertising and publicity. You further agree that this license includes the right for the Rapid Parties to publish, display or otherwise use and make available your User Content and possibly your name and/or any username of yours in connection with their exercise of the license granted under this section. You agree to waive, and hereby waive, any claims arising from or relating to the exercise by the Rapid Parties of the rights granted under this section, including without limitation any claims relating to your rights of personal privacy and publicity. You will not be compensated for any exercise of the license granted under this section. You hereby represent and warrant that You own all rights, title, and interest in and to User Content or are otherwise authorized to grant the rights provided the Rapid Parties under this section. You represent and warrant that, when using the Website, You will obey the law and respect the intellectual property rights of others. Your use of the Website is always governed by and subject to laws regarding copyright ownership and use of intellectual property generally. You agree not to upload, post, transmit, display, perform or distribute any content, information, or other materials in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. YOU WILL BE SOLELY RESPONSIBLE FOR ANY VIOLATIONS OF ANY LAWS AND FOR ANY INFRINGEMENTS OF THIRD-PARTY RIGHTS CAUSED BY YOUR USE OF THE WEBSITE. YOU BEAR THE SOLE BURDEN OF PROVING THAT CONTENT, INFORMATION OR OTHER MATERIALS DO NOT VIOLATE ANY LAWS OR THIRD-PARTY RIGHTS. Rapid reserves the right to (i) remove, suspend, edit or modify any User Content in its sole discretion, including without limitation any User Content at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content or if Rapid is concerned that you may have violated these Terms of Use), or for no reason at all and (ii) to remove, suspend or block any User Content submissions. Rapid also reserves the right to access, read, preserve, and disclose any information as Rapid reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Rapid, its users and the public.
9. VOLUNTARY SUBMISSION OF PERSONAL INFORMATION
There may be certain webpages in this Website whereby You can voluntarily agree to submit information, including personal information, such as information that could be used to identify or contact You or information about your medical condition (“Personal Information”) to RAPID. If You choose to voluntarily submit information, including Personal Information, to RAPID through this Website, You understand and agree that such information will be transmitted over the Internet. While RAPID has taken reasonable steps to protect any information that You may submit from unauthorized interception and use, the risk of unauthorized interception and use of electronically transmitted information cannot be eliminated. Therefore, there is always a risk of unauthorized interception and use of any information that You submit to RAPID through this Website. If You access and use this Website, RAPID will not be responsible for any unauthorized interception and use of Your information, and You understand and agree that RAPID shall not be liable for any direct, indirect, punitive, incidental, special, consequential, or any other damages arising from our use of this Website.
10. PROHIBITED USES
RAPID imposes certain restrictions on Your use of the Services. You represent and warrant that you will not: (a) use the Website in an improper or illegal manner; (b) provide false, misleading or inaccurate information to RAPID; (c) impersonate, or otherwise misrepresent affiliation, connection or association with, any person or entity; (d) create more than one unique profile; (e) attempt to collect information about RAPID users; (f) use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to collect information from the Website for any use, including without limitation use on third-party websites; (g) access content or data not intended for You, or log onto a server or account that You are not authorized to access; (h) attempt to probe, scan, or test the vulnerability of the Website or any associated system or network, or breach security or authentication measures without proper authorization; (i) interfere or attempt to interfere with the use of the Website by any other user, host or network, including, without limitation by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”; (j) use the Services to send unsolicited e-mail, including without limitation promotions or advertisements for products or services; or (k) attempt to modify, reverse-engineer, decompile, disassemble or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the RAPID Parties in providing the Website. Any violation of this section may subject You to civil and/or criminal liability.
11. INTELLECTUAL PROPERTY AND FDA CLEARANCE
(a) Software.
You acknowledge and agree that the Website and all intellectual property rights associated therewith are, and will remain, the property of RAPID. Furthermore, You acknowledge and agree that the source and object code and the format, directories, queries, algorithms, structure and organization of the Website and its applications are the intellectual property and proprietary and confidential information of RAPID and its affiliates, licensors and suppliers. Except as expressly stated in these Terms of Use, You are not granted any intellectual property rights in or to the Website by implication, estoppel or other legal theory, and all rights in and to the Website not expressly granted in these Terms of Use are hereby reserved and retained by RAPID. The Website may utilize or include third party software that is subject to third party license terms (“Third Party Software”). You acknowledge and agree that Your right to use such Third-Party Software is subject to and governed by the terms and conditions of the third-party license applicable to such Third-Party Software. In the event of a conflict between these Terms of Use and the terms of such third-party licenses, the terms of the third-party licenses will control regarding Your use of the relevant Third-Party Software.
(b) Trademarks.
RAPID, and any other RAPID marks including but not limited to rapiddosimetry.com and the RAPID logo (collectively, the “RAPID Marks”) are trademarks in the filing process or actual registered trademarks of RAPID, LLC. Other trademarks, service marks, graphics, logos, and domain names appearing on the Services may be the trademarks of third parties. Neither Your use of the Website, nor these Terms of Use, grant You any right, title or interest in or to, or any license to reproduce or otherwise use, the RAPID Marks or any third-party trademarks, service marks, graphics, logos or domain names. You agree that any goodwill in the RAPID Marks generated as a result of Your use of the Services will inure to the benefit of RAPID, Inc., and You agree to assign, and hereby do assign, all such goodwill to RAPID, Inc.. You will not at any time, nor will You assist others to, challenge RAPID, Inc.’s right, title, or interest in or to, or the validity of, the RAPID Marks.
(c) Copyrighted Materials; Copyright Notice.
All content and other materials available through the Website and Services, including without limitation the RAPID logo, design, text, graphics, and other files, and the selection, arrangement, and organization thereof, are either owned by RAPID, Inc. or are the property of RAPID’s licensors and suppliers. Except as explicitly provided, neither Your use of the Website nor these Terms of Use grant You any right, title, or interest in or to any such materials.
(d) FDA Clearance
Rapid received FDA clearance for its 3D-RD-S medical device which is intended to estimate radiation absorbed dose (and related quantities) to tissues after administration of a radioactive product. 3D-RD-S is intended for use with internally administrated radioactive products. 3D-RD-S should not be used to deviate from product dosing and administration instructions. Refer to the product’s prescribing information for instructions.
(e) DMCA Notice
If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want RAPID to delete, edit, or disable the material in question, you must provide RAPID with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit RAPID to locate the material; (d) information reasonably sufficient to permit RAPID to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to RAPID’s designated agent at:
Attn: Copyright Agent
RAPID, LLC
1800 Gough St.
Baltimore, MD 21231
Phone: (443) 524-7396
12. DISCLAIMERS; LIMITATION OF LIABILITY
(a) WARRANTIES
RAPID, ON BEHALF OF ITSELF AND ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS, HEREBY DISCLAIMS ALL WARRANTIES. THE WEBSITE AND ANY APPLICATIONS OR SERVICES PROVIDED ARE “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, RAPID, ON BEHALF OF ITSELF AND ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER RAPID NOR ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS OR SUPPLIERS WARRANTS THAT THE WEBSITE, APPLICATIONS OR THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE WEBSITE, APPLICATIONS OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
(b) YOUR RESPONSIBILITY FOR LOSS OR DAMAGE.
YOU AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. YOU WILL NOT HOLD RAPID OR ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE TO ANY OF YOUR COMPUTERS OR DATA. THE WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.
(c) LIMITATION OF LIABILITY
THE LIABILITY OF RAPID AND ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL RAPID OR ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS OR SUPPLIERS BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES OR OF ANY ADVICE OR NOTICE GIVEN TO RAPID OR ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE, APPLICATIONS OR SERVICES. THIS LIMITATION WILL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. ADDITIONALLY, THE MAXIMUM LIABILITY OF RAPID AND ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS TO YOU UNDER ALL CIRCUMSTANCES WILL BE $50.00. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN RAPID AND YOU. THE WEBSITE, APPLICATIONS AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
(d) APPLICATION.
THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS DO NOT IN ANY WAY LIMIT ANY OTHER DISCLAIMER OF WARRANTIES OR ANY OTHER LIMITATION OF LIABILITY IN THESE TERMS OF USE, ANY OTHER AGREEMENT BETWEEN YOU AND RAPID OR BETWEEN YOU AND ANY OF RAPID’S THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. RAPID’S THIRD-PARTY SERVICE PROVIDERS LICENSORS AND SUPPLIERS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THESE DISCLAIMERS, WAIVERS AND LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICES OR OTHERWISE WILL ALTER ANY OF THE DISCLAIMERS OR LIMITATIONS STATED IN THIS SECTION.
(e) YOUR REPRESENTATIONS AND WARRANTIES.
You represent and warrant that Your use of the Website will be in accordance with these Terms of Use, any other RAPID policies and guidelines, and with any applicable laws or regulations.
(f) INDEMNITY
Without limiting any indemnification provision of these Terms of Use, You agree to defend, indemnify and hold harmless RAPID and its officers, directors, employees, agents, affiliates, representatives, sublicensees, successors, assigns, and Third-Party Service Providers (collectively, the “Indemnified Parties”) from and against any and all claims, actions, demands, causes of action and other proceedings (collectively, “Claims”), including but not limited to legal costs and fees, arising out of or relating to: (i) Your breach of these Terms of Use, including without limitation any representation or warranty contained in these Terms of Use; (ii) Your access to or use of the Website; (iii) Your provision to RAPID or any of the Indemnified Parties of information or other data; (iv) Your violation or alleged violation of any foreign or domestic, federal, state or local law or regulation; or (v) Your violation or alleged violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. The Indemnified Parties will have the right, but not the obligation, to participate through counsel of their choice in any defense by You of any Claim as to which You are required to defend, indemnify or hold harmless the Indemnified Parties. You may not settle any Claim without the prior written consent of the concerned Indemnified Parties.
13. GOVERNING LAW; JURISDICTION AND VENUE.
These Terms of Use, including without limitation its interpretation, will be treated as though these Terms of Use were executed and performed in the state of Maryland and will be governed by and construed in accordance with the laws of the State of Maryland without regard to its conflict of law principles. ANY CAUSE OF ACTION BY YOU ARISING OUT OF OR RELATING TO THE SERVICES, OR THESE TERMS OF USE MUST BE INSTITUTED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE OR BE FOREVER WAIVED AND BARRED. ALL ACTIONS WILL BE SUBJECT TO THE LIMITATIONS SET FORTH IN ABOVE. The language in these Terms of Use will be interpreted in accordance with its fair meaning and not strictly for or against either party.
(a) Requirement of Arbitration.
You agree that any dispute, of any nature whatsoever, between You and RAPID arising out of or relating to these Terms of Use, will be decided by neutral, binding arbitration before a representative of JAMS in Baltimore, Maryland (unless You and RAPID mutually agree to a different arbitrator), who will render an award in accordance with the substantive laws of the state of Maryland and JAMS’ Streamlined Arbitration Rules & Procedures. A final judgment or award by the arbitrator may then be duly entered and recorded by the prevailing party in the appropriate court as final judgment. The arbitrator will award costs (including, without limitation, the JAMS’ fee and reasonable attorney’s fees) to the prevailing party.
(b) Remedies in Aid of Arbitration; Equitable Relief
These Terms of Use to arbitrate will not preclude You or RAPID from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration or confirm an arbitral award, from a court of competent jurisdiction. Furthermore, these Terms of Use to arbitrate will not preclude You or RAPID from applying to a court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary. THE PROPER VENUE FOR ANY ACTION PERMITTED UNDER THIS SUBSECTION REGARDING “EQUITABLE RELIEF” WILL BE THE FEDERAL AND STATE COURTS LOCATED IN THE STATE OF DELAWARE; THE PARTIES HEREBY WAIVE ANY OBJECTION TO THE VENUE AND PERSONAL JURISDICTION OF SUCH COURTS.
14. TERMINATION
(a) Termination; Survival
Either party may terminate these Terms of Use and its rights hereunder at any time, for any or no reason at all, by providing to the other party notice of its intention to do so in accordance with these Terms of Use. These Terms of Use will automatically terminate if You breach any of these Terms of Use’s representations, warranties, or covenants. Such termination will be automatic and will not re quire any action by RAPID. Upon termination, all rights and obligations created by these Terms of Use will terminate, except that Sections 1-16 will survive any termination of these Terms of Use.
(b) Effect of Termination
Any termination of these Terms of Use automatically terminates all rights and licenses granted to You under these Terms of Use, including all rights to use the Website. After termination, RAPID reserves the right to exercise whatever means it deems necessary to prevent Your unauthorized use of the Website, including without limitation technological barriers such as IP blocking and direct contact with Your Internet Service Provider.
15. NOTICES
All notices required or permitted to be given under these Terms of Use must be in writing. RAPID will give any notice by email sent to the most recent email address, if any, provided by You to RAPID. You agree that any notice received from RAPID electronically satisfies any legal requirement that such notice be in writing. YOU BEAR THE SOLE RESPONSIBILITY OF ENSURING THAT YOUR EMAIL ADDRESS ON FILE WITH RAPID IS ACCURATE AND CURRENT, AND NOTICE TO YOU WILL BE DEEMED EFFECTIVE UPON THE SENDING BY RAPID OF AN EMAIL TO THAT ADDRESS. You will give any notice to RAPID by means of: (1) U.S. mail, postage prepaid, to: RAPID, LLC, 1800 Gough St., Baltimore, MD 21231. Notice to RAPID will be effective upon receipt of notice by RAPID.
16. GENERAL
These Terms of Use constitute the entire agreement between RAPID and You concerning Your use of the Services. These Terms of Use may only be modified by a written amendment signed by an authorized executive of RAPID or by the unilateral amendment of these Terms of Use by RAPID and by the posting by RAPID of such amended version. If any part of these Terms of Use is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of these Terms of Use or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. RAPID may assign or transfer these Terms of Use at any time, with or without notice to You. These Terms of Use and all Your rights and obligations hereunder will not be assignable or transferable by You without the prior written consent of RAPID. These Terms of Use will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. You and RAPID are independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created by these Terms of Use. Except for the RAPID Parties and the Indemnified Parties as and to the extent set forth herein, and RAPID’s licensors and suppliers as and to the extent expressly set forth herein, there are no third-party beneficiaries to these Terms of Use. You acknowledge and agree that any actual or threatened breach of these Terms of Use or infringement of proprietary or other third party rights by You would cause irreparable injury to RAPID and RAPID’s licensors and suppliers, and would therefore entitle RAPID or RAPID’s licensors or suppliers, as the case may be, to injunctive relief. The headings in these Terms of Use are for the purpose of convenience only and will not limit, enlarge, or affect any of the covenants, terms, conditions, or provisions of these Terms of Use.
17. CONTACT INFORMATION
If you have any questions about these Terms of Use, please contact us at: