Last revision as of January 31, 2023
Welcome to Rapidio.com.
These Terms apply to your access to the public sections of the Site, as well as your actions and access as an individual throughout the Site and Services. If you are permitted access to private areas, additional terms govern use and access to the Services by you and/or any employer, client or other entity you represent.
This Site is only intended for use from the United States of America and Rapidio does not offer its Services outside of the United States of America at this time.
When you send emails to us, you are communicating with us electronically and you consent to receive communications from us electronically at the email addresses(es) we have on file for you. Please note that while you may unsubscribe from email marketing communications at any time, if you provide us with your email address after unsubscribing, you agree to opt-in to future email marketing communications. You will be required to unsubscribe again to cease email marketing communications.
Rapidio’s trademarks and trade dress may only be used with the express written consent of Rapidio and may not be used in any manner that is likely to cause confusion among yous, or in any manner that disparages or discredits Rapidio. All other trademarks not owned by Rapidio or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Rapidio or its subsidiaries. No right or license, whether direct, by implication, estoppel or otherwise is granted to you with respect to Rapidio’s trade or service marks, trade dress, the Site, or the Services under these Terms.
Rapidio grants you a limited right to access and make personal use of this site and not to download (other than page caching) or to modify any portion of it. This right does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of any third party: or any use of data mining, robots or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without express written consent of Rapidio. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of Rapidio or our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing Rapidio’ name or trademarks without the express written consent of Rapidio. Any unauthorized use shall automatically terminate any permission or rights granted hereunder by Rapidio.
You shall not directly or indirectly:
use the Services in contravention to the documentation accompanying the Services (“Documentation”);
modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Site or Services or any part thereof;
reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the software used to provide the Site or Services (“Software”) or any part thereof;
gain access, or attempt to gain access, by any means, to any unauthorized portion of Services or to any other system, website, software, material or database owned, operated, or controlled by Rapidio with respect to which you have not paid the relevant subscription fees;
remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices provided on or with the Services, including the Software or Documentation, and any copies thereof;
rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services, or any features or functionality thereof, to any third party for any reason, whether or not over a network or on a hosted basis, including in connection with the Internet or any web hosting, wide area network (WAN), virtual private network (VPN), virtualization, time-sharing, service bureau, software as a service, cloud, or other technology or service;
use the Services in violation of any law, regulation, or rule;
use the Service to send or store infringing, obscene, threatening, libelous, violent, offensive, lewd, or suggestive content, or otherwise unlawful or tortious material, including material that is harmful to children or that violates third party privacy rights;
use the Service to send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
misuse or abuse the Service, or interfere with or disrupt the integrity or performance of the Service or Software or the data contained therein;
bypass or disable any protections that may be put in place against unlicensed use of Service or Software, or perform load, technical, security, or other vulnerability testing of the Service or Software;
use the Services for purposes of competitive analysis of the Software, the development of a competing software product or service, or any other purpose that is to the Rapidio’s commercial disadvantage; or
misappropriate any of Rapidio’s software, technology or other services or use Service or System to, or permit, enable or assist a Third Party to, create a competing product or service.
You acknowledge and agrees that breach of this Section 4 may cause Rapidio irreparable harm for which monetary damages may not be a sufficient remedy. Consequently, Rapidio shall be entitled to seek equitable relief, including injunction and/or specific performance, as a remedy for such breach without any requirement to post bond. Such remedies shall not be deemed to be exclusive remedies for a breach of this Section 4 but shall be in addition to any and all other remedies provided hereunder or available at law or equity to Rapidio.
You are responsible and liable for all uses of the Services and Rapidio Materials resulting from access or use by you or through your account, directly or indirectly, whether such access or use is permitted. You are responsible for all acts and omissions of individuals or entities that access or use the Services through your account as if such access was performed by you. Your password is an important part of our security system, and it is your responsibility to protect it. You should not share your password with any third party, and if you believe your password or account has been compromised, you should change it immediately.
User Submitted Content
The Site may be configured to allow you to post reviews, comments, and other content, and submit suggestions, ideas, comments, questions, or other information, so long as the content does not violate the Use Restriction set forth in Section 4 above or in the paragraph below. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of a post, comment, or other content. Rapidio reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise in writing, you hereby grant to Rapidio and its subsidiaries and affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable (through multiple tiers) right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content throughout the world in any media. You grant Rapidio and its subsidiaries and affiliates and sublicensees the right to use the name that you submit in connection with such content if they choose. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Rapidio and/or its subsidiaries, affiliates, officers, employees, agents and successors and assigns for any and all claims resulting from content you supply. Rapidio has the right but not the obligation to monitor and edit or remove any activity or content. Rapidio takes no responsibility and assumes no liability for any content posted by you or any third party.
You represent and warrant that you have provided all required notices, and obtained all required consents to post, upload, and transmit to Rapidio any data you submit through the Site and/or the Services. You agree not to post, upload, transmit or provide to Rapidio any data that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to any person; (ii) may create a risk of any other loss or damage to any person or property; (iii) may constitute or contribute to a crime or tort; (iv) contains any information or content that Rapidio deems to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, obscene, or otherwise objectionable; (v) contains any information or content that is illegal or that you does not have a right to make available under any law or under contractual or fiduciary relationships; or (vi) contains any information or content that you know is not correct and current. You shall be solely responsible for all proofreading and quality control with regard to your inputs into the Rapidio Services, as well as all outputs received by you through your use of the Rapidio Services. Rapidio shall have no duty to inspect any associated content for accuracy or appropriateness, and shall have no liability for any defects in any information, data, or content, generated by Rapidio and/or provided to you where such information, data or content is generated based on your data and content submitted to Rapidio by you.
Product and service descriptions
Rapidio and its subsidiaries and affiliates attempt to be as accurate as possible. However, the information contained in this website is for general information purposes only and Rapidio does not warrant that product/service descriptions or other content of this site is accurate, complete, reliable, current or error-free.
All information and content available on the Website and its “look and feel”, including but not limited to trademarks, logos, and service marks, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the “Content“) is the property of Rapidio, our affiliates, partners or licensors, and is protected by United States and international laws, including laws governing copyrights and trademarks.
Except as set forth in the limited licenses in these Terms, or as required under applicable law, neither the content nor any portion of the website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.
You shall have no right to use the Rapidio technology for any purpose other than accessing the website and using the services offered. Use of the website does not transfer from Rapidio to you any Rapidio technology, and all rights, titles, and interests in and to any Rapidio technology and all services shall remain solely with Rapidio. You shall not, directly, or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to derive source code or other trade secrets from any of the Rapidio technology if such reverse engineering, decompilation, or disassembly is intended to create, or will be used in, a competitive product.
If you send or transmits any communications or materials to Rapidio by mail, email, telephone, or otherwise, suggesting or recommending changes to the Services, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like (“Feedback“), Rapidio shall has the right to use (or not use) such Feedback at its sole discretion. Feedback shall be deemed to be non-confidential and non-proprietary. You hereby grant to Rapidio a non-exclusive, royalty-free, transferable, irrevocable, worldwide, fully paid-up license (with rights to sublicense through multiple tiers of sub-licensees) to fully use, practice, and exploit those non-assignable rights, title, and interest, including, but not limited to the right to make, use, sell, offer for sale, import, have made, and have sold, products or services based on the Feedback, and to the extent that You cannot presently grant such a license to any of the Feedback, You hereby agrees to never assert, sue, or bring any action based on such Feedback against Rapidio, any of its affiliates, or any of their respective officers, shareholders, employees, contractors, agents, representatives or customers.
Transmission To and From the Site
Any communication or content that you send to publicly accessible areas of the Site is and will be deemed to be non-confidential as between you and us, and Rapidio will be free to use (or not use), modify, reproduce and distribute it for any purpose without compensation to you. In no event will Rapidio be limited in, or restricted from, the pursuit of any opportunities, either alone or with third parties.
Consent to Electronic Delivery
To the extent permitted by applicable law, your use of the Site constitutes your consent to receive all communications from us, including notices, agreements, legally required disclosures or other information in connection with the Site or materials or services provided (collectively referred hereafter as “Notices”) electronically. We will provide such electronic Notices by posting them on the Site and/or through email or other electronic means (if we have your contact information). The delivery of any such Notice is effective when posted, regardless of whether you read the Notice. If you want to withdraw your consent to receive such Notices electronically, you must discontinue your use of the Site.
Disputes; Mandatory Arbitration
In the event the Parties are unable to resolve any dispute through amicable negotiations, each party may submit such dispute to be resolved by binding arbitration pursuant to this paragraph. Such arbitration shall be conducted under the then current Commercial Arbitration Rules of the American Arbitration Association (“AAA”) (available from the AAA at its website www.adr.org) by one neutral arbitrator mutually acceptable to both parties or appointed in accordance with such rules, and shall be conducted in Miami, Florida. The arbitration shall be conducted in English. The Parties shall keep confidential: (i) any awards awarded in the arbitration; (ii) all materials used, or created for use in, in the arbitration; and (iii) all other documents produced by another party in the arbitration and not otherwise in the public domain, except, with respect to each of the foregoing, to the extent that disclosure may be legally required (including to protect or pursue a legal right) or necessary to enforce or challenge an arbitration award before a court or other judicial authority. The decision of the arbitrator shall be final and judgment may be entered thereon by any court of competent jurisdiction.
You hereby waive any right to consolidate, join or combine any arbitration brought with any other matter pending in court or other arbitration proceeding.
Nothing in the Agreement shall prevent either party from seeking provisional measures (including equitable relief), or the enforcement of any arbitration award from any court of competent jurisdiction, and any such request shall not be deemed incompatible with the Agreement to arbitrate or a waiver of the right to arbitrate.
THE PARTIES HEREBY IRREVOCABLY WAIVE ANY RIGHT TO TRIAL BY JURY OR TO PARTICIPATE AS A MEMBER OF ANY CLASS OR REPRESENTATIVE ACTION EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW. You agree that this means that any effort to resolve any dispute will be conducted on an individual basis, and that you waive any right to have any dispute heard in a class action or any other proceeding in which any party seeks to or does act in a representative capacity.
Regardless of any statute or law to the contrary, any claim or cause of action against Rapidio arising out of or related to use of your use of the website or under these Terms must be filed within ninety (90) days after such claim or cause of action arose or will be barred.
Severability. If the class action waiver in section (e) is found to be illegal or unenforceable as to all or some parts of a dispute, then it will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of this section is found to be illegal or unenforceable that provision will be severed with the remainder of this section remaining in full force and effect.
Survival. The arbitration agreement in this Section 14 shall survive: (i) termination of, expiration of, or changes to these Terms, and/or the relationship between you and Rapidio concerning these Terms or any other agreement between you and Rapidio; and (ii) the bankruptcy of any party or any similar proceeding initiated by you or on your behalf.
This Agreement constitutes the entire agreement between you and Rapidio governing your use of the website and supersedes any prior and contemporaneous agreements between you and Rapidio with respect to the subject matter above, provided, however, that your access to the Services shall be additionally governed by the relevant Rapidio Subscription Services Agreement through which your access to the Services is granted.
Disclaimers; Limitation of Liability; Indemnification
This Site is for general informational purposes only. Under no circumstances should any information or materials presented on the Site be used or construed as an offer to sell, or a solicitation of an offer to buy, any mortgage product, securities, financial instruments, investments or other services. Dated content speaks only as of the date indicated. Any opinions expressed on the Site reflect those of individual posters, and are subject to change. The information and materials contained in this website — and the terms and conditions of the access to and use of such information and materials — are subject to change without notice. Products and services described, as well as, associated fees, charges and interest rates may differ among geographic locations, offices and as a result of individual conditions.
Rapidio its affiliates and their respective officers, directors, managers, partners, members, shareholders, employees, affiliates and agents (collectively “Related Persons”) make no representations or warranties and specifically disclaim any and all warranties of any kind, express or implied, with respect to the Site, Services, and the Content, including any representations or warranties with respect to merchantability, fitness for a particular purpose, title, non-infringement, availability, security, accuracy, freedom from viruses or malware, completeness, timeliness, functionality, reliability, sequencing or speed of delivery. Your use of the Site and the Content is on an “as is” and “as available” basis. Rapidio and its affiliates do not warrant the accuracy, adequacy, or completeness of the information and materials contained on this Site, in the Services, or in the Content, and we expressly disclaim all liability for errors or omissions in such materials or information.
If you have been referred from another website (including but not limited to any social media site), the information contained in the referring website is for general information purposes only. The information contained there has not been reviewed or approved by Rapidio and is provided solely and exclusive by the site’s author. Rapidio makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. Through the referring website you may be able to link to other websites which are not under the control of Rapidio. Rapidio has no control over the nature, content, and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
To the fullest extent allowed under applicable law, in no event shall Rapidio, its affiliates or their Related Persons be liable to you for any claims, liabilities, losses, costs or damages under any theory, including but not limited to any direct, indirect, incidental, punitive, special, incidental, or consequential damages arising out of in connection with any access, use (or inability to use) or distribution of the Site, the Services, or any Content therein. Even if an authorized representative of rapidio has been advised of, knew of, or should have known of the possibility of such damages. For example (and without limiting the scope of this paragraph), you may not recover for lost profits, lost business opportunities, lost data or other types of special, incidental, indirect, intangible, or consequential damages. Rapidio’s liability to you for any action relating to the Website, regardless of the form of the claim or controversy, shall not exceed One Hundred Dollars ($100).
To the fullest extent allowed by applicable law, you agree to defend, indemnify and hold Rapidio, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third-party claims relating to (a) your use of the Site, Content, or (b) your violation of these Terms.
International Use Prohibited
The Site is operated and controlled by us in the United States, and the Content provided in or accessible through the Site is, unless otherwise specified, directed at residents of the United States. Despite the global nature of the Internet, Rapidio makes no claims that the Content or the Site are appropriate or may be viewed or used outside the United States. You shall not access the Site from countries or territories where such access is illegal is prohibited. Rapidio makes no representations that the transactions, products or services discussed on or accessible through the Site are available or appropriate for sale or use in all jurisdictions or by all users. Those who access the Site from outside the United States do so on their own initiative and are responsible for compliance with US Federal and state, as well as local laws, rules and regulations. You shall comply with all export laws and restrictions and regulations of the Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control (“OFAC“), or other United States or foreign agency or authority, and you shall not export, or allow the export or re-export of the Service in violation of any such restrictions, laws or regulations.