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Effective Date 27 June, 2011

Legal Notice Terms and Conditions of Use

Please Read These Terms Carefully Before Using this Website

This Website including all sites created by users hereof (collectively the “Site”) is provided by Roadside Angels, Inc. (“Roadside Angels”) as a means to enable family members and friends to commemorate a loved one’s passing or injury as a result of a vehicular accident. By accessing this Site, downloading or using materials from this Site and/or uploading or sending materials or information to this Site, you agree to abide by these Terms and Conditions of Use (“Terms and Conditions”). If you do not agree, then you should not use this Site.

Your Use of this Website

Subject to your compliance with these Terms and Conditions, Roadside Angels grants you a non-exclusive, non-transferable, limited right to access and use this Site and the materials hereon. You agree not to interrupt or attempt to interrupt the operation of this Site in any way or circumvent or attempt to circumvent any security feature of this Site. You may view, download, copy and print the information (“Materials”) on this Site to which you have properly gained access only for your personal, informational, non-commercial use. This authorization is not a transfer of title or intellectual property rights in the Materials, and/or copies of the Materials and is subject to the following restrictions:

• You must retain, on all copies of the Materials downloaded, all copyright, trademark and other proprietary notices contained in the Materials.
• You may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use the Materials for any public or commercial purpose.
• You must not transfer the Materials to any other person unless you give them notice of, and they agree to accept, the obligations arising - under these Terms and Conditions of Use.

In order to be a registered user of the Site, either as a visitor or as an author, you must be at least eighteen (18) years old.

All users agree to provide complete and accurate information about themselves as prompted in any setup or access screen process and to maintain and update such information in a prompt fashion so that it remains complete and accurate.

You agree to abide by all additional restrictions displayed on this Site as it may be updated from time to time. This Site, including all Materials, is copyrighted and protected by worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials.  Except as expressly provided herein, Roadside Angels does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information.

Submissions

Submissions are all text, graphics, photos, images, illustrations, sound recordings, video and audio clips or recordings, or other information posted on this Site by any authorized user of this Site.  Subject to our Privacy Policy, Roadside Angels will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Roadside Angels operations. Except as noted below in this paragraph, Roadside Angels will be entitled to use a Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission.  By providing any Submission to Roadside Angels, you grant to Roadside Angels an unrestricted, fully assignable, transferrable and sublicensable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information and materials, and you further agree that Roadside Angels and its designees are free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to Roadside Angels and prepare derivative works based on the Submissions.  Personally identifiable information that may be received at this Site is provided voluntarily by a visitor to this Site.  Except as provided in our Privacy Policy or in these Terms and Conditions of Use, this information is for internal purposes only and is not sold or otherwise transferred to third parties or to other entities who are not involved in the operation of this Site.

Termination of License to Use Your Submissions. The license granted in preceding section of these Terms of Use shall automatically terminate with respect to our future uses of Submissions within a commercially reasonable time after you remove (or ask us to remove) such Submissions from our Site. However, to the extent we have already exercised any of the foregoing license rights with respect to the removed Submissions, such licenses shall not be deemed revoked as to the prior uses. In addition, such licenses shall not be deemed revoked as to any Submissions that have been transmitted to other websites, persons or media. For example, if you have asked us to forward your postings to your Facebook page as soon as we receive them, and we have done so, we have no way to remove them from your Facebook page. Termination of this license does not terminate the license you have granted in any ideas contained in your Submissions. In addition, termination of this license does not terminate our right to preserve, access and disclose your Submissions if required to do so by law or in a good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Use; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Roadside Angels, its users and/or the public.]

You acknowledge that you are responsible for whatever material you submit, and you, not Roadside Angels have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.  You further recognize that Roadside Angels does not want you to, and you warrant that you shall not, provide any information or material to Roadside Angels that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another party.

Roadside Angels elects in its sole discretion whether to post any Submission on the Site and to identify you and the submitting party. Roadside Angels may, without notice to you, refuse or edit Submissions that Roadside Angels determines in its sole discretion violate these Terms and Conditions  or are unlawful, fraudulent, threatening, libelous, defamatory, obscene, encourage or constitute dangerous, violent, immoral, offensive, illegal, pornographic, or similarly inappropriate behavior, or that represents Roadside Angels in a negative way or in any manner not consistent with Roadside Angels’ brand and/or reputation, as may be determined in Roadside Angels’ sole and absolute discretion, or infringing or violating any party’s intellectual property or other proprietary rights or these terms of use.

Submissions cannot contain, include, or encourage images or activities that are dangerous, unsafe, or present unreasonable risk of harm to person or property, and Submissions cannot suggest or imply to any person to undertake any dangerous, unsafe, or unduly risky activity, as may be determined in Roadside Angels’ sole and absolute discretion. Submissions also cannot be dangerous or unsafe to make or produce. Submissions cannot violate any copyright, trademark rights, patent rights, know-how, privacy or publicity rights, trade secret rights, confidentiality rights, contract rights or other rights of any individual or legal entity.  Any such inappropriate Submissions are strictly prohibited, and any Submissions in violation of the above requirements and restrictions will not be posted or will be removed.

Examples of illegal or unauthorized uses of the Site include, but are not limited to: (i) modifying, adapting, translating, or reverse engineering any portion of the Site or Materials; (ii) using any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Site or any other Submissions; (iii) reformatting or framing any portion of the pages or application images that are part of the Site; (iv) creating or transmitting unwanted electronic communications such as “spam” or chain letters to other users or otherwise interfering with other users’ enjoyment of the Site; (v) Submissions of any third party without such third party’s prior written consent; (vi) Submissions that falsely express or imply that such Submissions are sponsored or endorsed by Roadside Angels; (vii) submitting Submissions that disparage the Site or Roadside Angels; (viii) Submissions that infringe, misappropriate or violate the intellectual property, publicity, privacy or other proprietary rights of any party; (ix) transmitting any viruses, worms, defects, Trojan horses or other items of a destructive nature; (x) Submissions that are unlawful or promote or encourage illegal activity; (xi) displaying an advertisement as part of your Submission; (xii) any automated use of the system, including the use of scripts to send messages through the Site; or (xiii) submitting false or misleading information.

While Roadside Angels prohibits such conduct and content on or through the Site, Roadside Angels does not have any obligation to monitor or review Submissions and you understand and agree that you nonetheless may be exposed to such materials and that you use the Site at your own risk.

Copyright Infringement Notification

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site or any other Roadside Angels website infringe your copyright, you (or your agent) may send Roadside Angels a notice requesting that Roadside Angels remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send Roadside Angels a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details.

If you believe that your work has been improperly copied and posted on the website, please provide Roadside Angels with the following information: (1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/her behalf; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where on the Site the material that you claim is infringing is located; (4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. These requirements must be followed to give Roadside Angels legally sufficient notice of infringement.

Notices and counter-notices should be sent to:

Roadside Angels, Inc.
P.O. Box 11766
Norfolk, Virginia 23517
Email: admin@roadsideangels.org

DMCA details are available at http://www.copyright.gov/onlinesp/

We suggest that you consult your legal advisor before filing a notice or counter-notice. Please be aware that there are penalties for false claims under the DMCA.

Third Party Sites

As a convenience to you, Roadside Angels may provide, on this Site, links to websites operated by other persons and entities.  If you use these other websites, you will leave this Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements.  You should refer to the policies posted by other websites before you use them.  Roadside Angels makes no warranty or representation regarding, and does not endorse, any linked websites or the information appearing thereon or any of the products or services described thereon.  If you choose to purchase any product or service from a third party, your relationship is with that third party.  You agree that Roadside Angels is not responsible for the quality of third party products or services, or fulfilling any of the terms of your agreement with the seller, including, but not limited to, the delivery of products and services and warranty obligations related to products and services.  You agree that Roadside Angels is not responsible for any loss or damage you may incur by reason of any dealing that you may have with a third party.  Links do not imply that Roadside Angels or this Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked Site is authorized to use any trademark, trade name, logo or copyright symbol of Roadside Angels or any of its affiliates or subsidiaries.

Changes

Roadside Angels reserves the right in its sole discretion, at any time and without advance notice, to change, modify, add or remove any portion of these Terms and Conditions of Use in whole or in part, at any time, and any such change will be effective when notice of such change is posted. Your continued use of this Site after any changes to these Terms and Conditions of Use are posted constitutes your acceptance of those changes.

Roadside Angels may terminate, change, revise, modify, suspend or discontinue any aspect of this Site, including the availability of any features of this Site, at any time. Roadside Angels may also impose limits on certain features and services or restrict your access to parts or the entire Site without advance notice and without liability. Roadside Angels may, at any time and without advance notice, terminate the authorization, rights and license given above and, upon such termination, you shall immediately destroy all Materials. You may terminate this agreement by destroying:  (a) all Materials obtained from this Site, and (b) all related documentation and all copies and installations.

Code of Conduct

You agree to use this Site only for lawful purposes.  You are prohibited from posting or transmitting through this Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including, but not limited to, any material that gives or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law.

Roadside Angels reserves the right to prohibit conduct, communications or content that Roadside Angels, in its sole discretion, deems to be harmful to individual users, us, the Roadside Angels™ brand, or any third party or that violates applicable law. If we are notified of any defamatory, damaging, illegal or offensive content provided by you, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such content from this Site. We may disclose any content or electronic communication of any kind (i) to satisfy any law, regulation or governmental request; (ii) if such disclosure is necessary or appropriate to operate this Site; or (iii) to protect the rights or properties of Roadside Angels, its affiliates, our users and our Providers, as defined below.

Privacy and Security

We are committed to safeguarding your privacy when you visit this Site.  Our use of your personally identifiable information, if any, is set forth in our Privacy Policy, and by accessing our Site you agree to be bound by our Privacy Policy.  Please be advised that while we will utilize certain tools to prevent the unauthorized access to or interception of your personally identifiable information, there can be no guarantee of security.  IN THE EVENT THAT AN UNAUTHORIZED THIRD PARTY INTERCEPTS OR ACCESSES YOUR INFORMATION, DESPITE OUR PROTECTIVE MEASURES, ROADSIDE ANGELS WILL NOT BE RESPONSIBLE FOR SUCH INTERCEPTIONS OR UNAUTHORIZED ACCESS, OR FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA IN YOUR INFORMATION HANDLING SYSTEM) THAT YOU MAY SUFFER, EVEN IF WE OR A THIRD-PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  ROADSIDE ANGELS EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, THAT THE INFORMATION YOU PROVIDE WILL BE FREE FROM INTERCEPTION OR UNAUTHORIZED ACCESS.

Trademark Information and Ownership of Intellectual Property

Roadside Angels® is a trademark of Roadside Angels, Inc. The absence of a product or service name or logo belonging to Roadside Angels anywhere in the text of this Site does not constitute a waiver of Roadside Angel’s trademark or other intellectual property rights concerning that name or logo used or referenced on this Site.

The trademarks, logos, service marks, and all other source identifying names and graphics displayed on this Site, and this Site and all of its contents including, but not limited to, all text, images and audio (collectively, the “Intellectual Property”), are owned and copyrighted by Roadside Angels, Inc. or others with all rights reserved unless otherwise noted.  Roadside Angels does not permit the use of its Intellectual Property in advertising, as an endorsement for any product or service, or for any other purpose, commercial or otherwise, without Roadside Angel’s prior express written permission.

Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Intellectual Property without the prior express written permission of Roadside Angels or such other third party that may own the Intellectual Property.  Your use of the Intellectual Property, or any other content on this Site, except as provided in these Terms and Conditions of Use, is strictly prohibited.  You are also advised that Roadside Angels and/or its licensee(s) will aggressively enforce intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

No Warranties; Limitations of Liability

You expressly agree that your use of this Site is at your sole risk.  Neither Roadside Angels, nor its affiliates, parents or subsidiaries, nor any of our or their officers, directors, employees, agents, third party content providers, sponsors, licensors or the like (collectively, “Providers”) warrant that this Site will be continuous, uninterrupted or error-free; nor do we make any warranty as to the results that may be obtained from the use of this Site, or as to the accuracy, reliability or currency of any content, information, product or service provided through this Site.

THE MATERIALS IN THIS SITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. ROADSIDE ANGELS DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THIS SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK.

THIS SITE, AND THE INFORMATION AND MATERIALS ON THIS SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON THIS SITE.  TO THE FULLEST EXTENT PERMITTED BY LAW, ROADSIDE ANGELS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE.

IN NO EVENT SHALL ROADSIDE ANGELS OR ANY OF ITS AFFILIATES, PARENTS OR SUBSIDIARIES (INCLUDING THEIR AGENTS, OFFICERS, DIRECTORS AND EMPLOYEES) BE LIABLE TO ANY PERSON FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) RESULTING FROM YOUR USE OF OR INABILITY TO USE THIS SITE. YOU HEREBY AGREE THAT THIS PARAGRAPH SHALL APPLY TO ALL INFORMATION, SERVICES AND PRODUCTS AVAILABLE THROUGH THIS SITE.  BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW OR, IF NOT PERMITTED AT ALL, TO THE AMOUNT YOU PAID TO ACCESS THIS SITE.

Indemnification

You agree to indemnify, defend and hold harmless Roadside Angels, its affiliates, parents and subsidiaries, and their directors, officers, employees, agents and representatives from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (i) your breach of these Terms and Conditions of Use; and (ii) your activities in connection with this Site.

International Users and Choice of Law

This Site is controlled, operated and administered by Roadside Angels and its service provider designees from its offices within the United States of America. Roadside Angels makes no representation that Materials on this Site are appropriate or available for use at other locations outside of the United States, and access to them from territories where their contents are illegal is prohibited. You may not use this Site or export the Materials in violation of U.S. export laws and regulations. If you access this Site from locations outside of the United States of America, you are responsible for compliance with all local laws. These Terms and Conditions of Use shall be governed by the laws of the Commonwealth of Virginia, U.S.A., without regard to conflict of laws provisions or principles. ANY LEGAL ACTION OR PROCEEDING RELATING TO YOUR ACCESS TO, OR USE OF, THIS SITE OR THESE TERMS OF USE SHALL BE INSTITUTED ONLY IN A STATE OR FEDERAL COURT LOCATED IN NORFOLK, VIRGINIA, U.S.A. YOU AND ROADSIDE ANGELS IRREVOCABLY AGREE TO SUBMIT TO THE JURISDICTION OF SUCH COURTS. You expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum. If the courts of the country in which you reside should determine that the provisions of this paragraph are not enforceable, then you agree to submit to binding arbitration in Norfolk, Virginia, U.SA.

Termination

Roadside Angels may terminate or suspend this Site at any time, with or without advance notice or cause.

Entire Agreement, Claims Limitations and Severability

These Terms and Conditions of Use, together with our Privacy Policy, constitute the entire agreement between Roadside Angels and you with respect to your use of this Site. Any cause of action you may have with respect to your use of this Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions of Use or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent there, and the remainder of these Terms and Conditions of Use shall continue in full force and effect.