TERMS OF WEBSITE USE – Website User Agreement

Information about the Website User Agreement

This Terms of Use document or Website User Agreement is a legal contract between you and Radmeister, Inc. (References to "you", "your" or “customer” shall relate to a customer of Radmeister Inc. or any other party that visits, browses, shops, accesses or otherwise uses the radmeister.com website; references to "RADMEISTER" shall relate to Radmeister Inc., a Delaware corporation, located at 2312 Park Avenue #407 Tustin, CA 92782 and its affiliates.)

By using the radmeister.com website, where using also means visiting, browsing, shopping, and accessing, you acknowledge that you have read, understood, and agree to be bound by this Website User Agreement. You also acknowledge that you comply with all applicable laws and regulations pertaining to internet use and the access of this website. If you do not agree to this Website User Agreement, please leave the radmeister.com website immediately.

Copyrighted Content

All content on this website is provided by RADMEISTER or its third party suppliers, authors, and/or developers. Much of the content on this website is copyrighted and therefore protected by worldwide copyright laws and treaty provisions. You may not copy, adapt, modify, display, perform, or otherwise use any content or related materials (including use on any other web site or networked computer environment) without the prior written permission of RADMEISTER and/or its third party providers. Any unauthorized use of any of any content or related materials on this website may violate copyright, trademark and other similar laws.

Website Access

RADMEISTER allows you to access and to use this radmeister.com website and its content, but not to download (other than page caching) and not to modify it, except with express written consent of RADMEISTER. The following activity is not allowed:

1. Any commercial use of any automated software (AKA robot or spider) (except such owned by Google, Yahoo and MSN), or manual process to monitor or copy portions of the website or the content contained herein without prior written permission by RADMEISTER;
2.Collection of any product descriptions, prices and images, from the Site for the benefit of another merchant that supplies products competitive with or comparable to those offered on this website;
3. DoS attacks and other actions which can cause increased server load and decreased availability.

You may not use any RADMEISTER logo or other proprietary graphic or trademark as part of the link without express written permission. RADMEISTER does not review or control third-party sites that link to or from the Site, and is not responsible for the contents of any third-party sites linked to or from the radmeister.com website.

Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY LAW, UNDER NO CIRCUMSTANCES SHALL RADMEISTER, OR ANY OF RADMEISTER’S CURRENT OR FORMER OWNERS, OFFICERS, DIRECTORS, SHAREHOLDERS, SUCCESSORS, PREDECESSORS, AFFILIATES, PARENTS DIVISIONS, SUBSIDIARIES, BRANCHES, UNITS, PARTNERS, JOINT VENTURERS, CONTRACTORS, AGENTS, AND ASSIGNS BE LIABLE FOR LOST REVENUE, PROFIT, BUSINESS INTERRUPTION, LOSS OF CAPITAL, OR FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE RADMEISTER.COM WEBSITE. RADMEISTER IS NOT LIABLE FOR ANY LOST DATA, DELAYS, BREAKDOWNS OR INTERRUPTIONS IN YOUR USE OF THIS WEB SITE (INCLUDING, WITHOUT LIMITATION, DELAYS, BREAKDOWNS OR INTERRUPTIONS DUE TO PROBLEMS WITH PHONE LINES OR MODEMS, ACTS OF GOD, FAILURE OF A TELECOMMUNICATIONS SERVICE PROVIDER TO PROVIDE SERVICE, OR THEFT OR UNAUTHORIZED ACCESS TO THE MATERIALS).

Privacy Policy

Please review our Privacy Policy to develop an understanding of our practices with respect to this important issue. Our Privacy Policy is also subject to these Terms of Website Use and its provisions are incorporated by this reference.

Communications Disclaimer

All communication (phone calls, emails, faxes or other forms of communication) you send to us will not be treated as confidential and/or proprietary. Anything you send may be used by RADMEISTER for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Also we are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to RADMEISTER or the radmeister.com website for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information.

Jurisdiction, Governing Law, and Choice of Law

This Website is operated by RADMEISTER INC., a Delaware corporation, operating out of Orange County, California, in the United States of America. RADMEISTER makes no representation that the information in this website is appropriate or available for use in other locations, and access to the radmeister.com website from territories where the content of the website may be illegal is prohibited. Those who choose to access the website from other locations do so at their own risk and are responsible for compliance with applicable local laws.

RADMEISTER and the Customer unconditionally consent and agree that the jurisdiction and venue of any dispute between parties regarding the construction, interpretation, performance, and rights and remedies under this Website User Agreement, or any breach or threatened breach thereof, shall be exclusively be resolved in binding arbitration proceeding within Orange County, California.

Any sales derived from this website shall be deemed to have been made and accepted and performed in Orange County, California, and the construction, interpretation, performance, and rights and remedies under this Website User Agreement shall be construed under and governed by the laws of the State of California, without regard to its internal choice of law rules.

Arbitration, Waiver of Trial by Jury

RADMEISTER and the Customer waive, to the extent permitted by law, the right to trial by jury, and instead RADMEISTER and the Customer unconditionally consent and agree that the jurisdiction and venue of any dispute between the parties regarding construction, interpretation, performance, and rights and remedies under this Website User Agreement, or any breach thereof, shall be submitted and be subject to, the exclusive jurisdiction of the American Arbitration Association (“AAA”) for binding arbitration conducted under the AAA’s applicable arbitration rules then pertaining (see www.adr.org), except as modified herein with respect to discovery , with a single neutral arbitrator. The arbitrator shall be selected within 30 business days from the date a party receives a demand for arbitration. The arbitration shall take place in the County of Orange, State of California, and the arbitrator shall apply California law (enforcement of this arbitration provision shall also be subject to and governed by California law). Prior to the commencement of arbitration, emergency relief is available from any court to avoid irreparable harm.

Each party shall initially pay all of their respective arbitrator’s and arbitration fees and all other costs unique to the arbitration; however, the prevailing party shall be entitled to its reasonable attorneys fees incurred therewith and to be reimbursed for its share of arbitration and arbitrators fees.

Each party is entitled to discovery of essential facts, documents and witnesses. Each party shall have the right to take depositions and to obtain additional discovery regarding the subject matter of the arbitration, and, use and exercise all of the same rights remedies, and procedures, and be subject to all the same duties, liabilities, and obligations in said arbitration as they would otherwise be entitled to under the California Code of Civil Procedure. The provisions of California Code of Civil Procedure § 1283.05 are hereby specifically incorporates into and made a part of this Website User Agreement by its reference.

The arbitrator shall have all the powers vested in a judge of the Superior Court of California, including the power to award provisional and equitable remedies.

Pursuant to California Code of Civil Procedure § 1290.4, the manner of service and/or notice, for all aspects of the arbitration, including but not limited to, the demand for arbitration, notice of hearing, notice of arbitration award, notice of ruling, the petition to confirm the arbitration award, and the hearing and notice of ruling, the petition to confirm the arbitration award, shall be deemed proper if service is made by first class mail at either the address of the parties as listed in this Website User Agreement, or at the last known mailing address of either of the parties.

The award of the arbitrator shall be enforced and is subject to judicial review pursuant to the provisions of California Code of Civil Procedure §§ 1285 through 1294.2.

THE ARBITRATOR SHALL NOT AWARD EITHER PARTY PUNITIVE, EXEMPLARY, INCIDENTAL, MULTIPLIED OR CONSEQUENTIAL DAMAGES WHERE SUCH LIMITATION OF DAMAGES IS NOT OTHERWISE PROHIBITED BY THE LAW OF THE APPLICABLE STATE OR JURISDICTION.

Attorney’s Fees

If any legal action or any arbitration or other proceeding is brought for the enforcement or interpretation of this Website User Agreement, or because of an alleged dispute, breach, threatened breach, default, misrepresentation in connection with any of the provisions of this Website User Agreement, the successful prevailing party or parties shall be entitled to recover its reasonable attorneys fees and other costs incurred in that action or proceeding, including arbitrator’s fees and arbitration fees and expenses, in addition to any other relief to which it or they may be entitled.

Term of Use Revisions

RADMEISTER may at any time revise this Website User Agreement by updating this posting. By using the radmeister.com website, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms of Website Use or Website User Agreement to which you are bound.

Severability

If any provision of this Website User Agreement is held to be illegal, invalid, or unenforceable under present or future laws, that provisions will be removed from this Website User Agreement and this Website User Agreement will be interpreted and enforced as if the illegal, invalid, or unenforceable provision had never been a part of this Website User Agreement and the remaining provisions will remain in effect and will not be affected by the illegal, invalid or unenforceable provision or its removal. Instead of the illegal, invalid or unenforceable provision, there will be added, as part of this Website User Agreement, a provision as similar in terms to the illegal, invalid or unenforceable provision as may be possible and still be legal and enforceable.

Additional Disclaimers

RADMEISTER is always trying to show accurate and up-to-date information on this Website (radmeister.com), however, we can not guarantee that all product information is accurate.

RADMEISTER can not be liable for any errors in the content of Radmeister.com.