RadLegacy.com Terms of Use

PLEASE READ THESE TERMS OF USE VERY CAREFULLY.

RadLegacy (“we”, “us” or “our”) is a networking service for athletes, businesses and sports, which allows Members to create unique personal profiles online in order to find and communicate with other Members and one or more participating businesses who offer programs or partnerships to athletes (“Athlete Programs”). The services offered by RadLegacy may include third-party RadLegacy-branded URLs and community sites (the "Community Sites"), spots, events and contest services, RadLegacy mobile services, and any other features, content, or applications offered from time to time by RadLegacy in connection with RadLegacy’s business (collectively, the "RadLegacy Services"). The RadLegacy Services are hosted in the Portugal.

This Terms of Use Agreement, as may be modified from time to time, ("Agreement") constitutes legally binding terms and applies to your use of the RadLegacy Services. By accessing and/or using the RadLegacy Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the RadLegacy Services, including, without limitation, through a mobile or other wireless device, or otherwise use the RadLegacy Services without being registered) or you are a "Member" (which means that you have registered with RadLegacy). The terms “You” and “Your” refers to you, as a User, Visitor or a Member.

If you are using the RadLegacy Services on behalf of a company or other legal entity, such entity may have a separate agreement with us, but you are nevertheless individually bound by this Agreement. You are authorized to use the RadLegacy Services (regardless of whether your access or use is intended) only if you agree to abide by all applicable laws, rules and regulations (“Applicable Law”) and the terms of this Agreement. In addition, in consideration for becoming a Member and/or making use of the RadLegacy Services, you must indicate your acceptance of this Agreement during the registration process.

RadLegacy reserves the right to modify this Agreement at any time and from time to time, and each such modification shall be effective upon posting on the RadLegacy Services. All material modifications will apply prospectively only. Your continued use of the RadLegacy Services following any such modification constitutes your agreement to be bound by and your acceptance of the Agreement as so modified. It is therefore important that you review this Agreement regularly. If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you must discontinue use of the RadLegacy Services immediately.

You may receive a copy of this Agreement by printing it from your Internet browser.

1. License to the RadLegacy Services. Subject to your performance of all of the provisions of this Agreement, including payment of all applicable fees, RadLegacy hereby grants you, a limited, terminable, personal, non-exclusive license to access and use the RadLegacy Services contained and solely as provided herein. Notwithstanding anything to the contrary herein, all rights not specifically granted in the license set forth above shall be reserved and remain always with RadLegacy. You shall be exclusively responsible for the supervision, management, and control of your user login and password to access the RadLegacy Services. You shall ensure that you properly exit the RadLegacy Services at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with these terms. Your right to use the RadLegacy Services is not transferable. You will use the RadLegacy Services in accordance with all applicable laws. RadLegacy may, without notice, terminate your access to the RadLegacy Services or take other actions as are reasonably necessary to comply with legal requirements and as necessary to protect RadLegacy’s network, information and the security and integrity of the RadLegacy Services.

2. Restrictions. You are solely responsible for any and all acts and omissions that occur under your user login and password, and you shall not to engage in unacceptable use of the RadLegacy Services, which includes, without limitation, use of the RadLegacy Services to transmit material that: (a) is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) harasses or advocates harassment of another person; (c) involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”; (d) promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (e) promotes an illegal or unauthorized copy of another person’s copyrighted work, such as utilizing images without authorization from photographers, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; (f) contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); (g) provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; (h) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; (i) solicits passwords or personal identifying information for commercial or unlawful purposes from other users; (j) involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or (k) is deemed by RadLegacy to be in conflict with the spirit or intent of this Agreement. RadLegacy reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. YOU SHALL BE RESPONSIBLE FOR ALL CHARGES INCURRED THROUGH USE OF YOUR LOGIN CREDENTIALS.

3. Membership Eligibility in RadLegacy and Community Sites. Membership in the Service is void where prohibited. No minors under the age of 12 may use or access the RadLegacy Services or Community Sites unless RadLegacy receives consent from the minor’s parents or legal guardian. By agreeing to this Agreement as a Member, You will not provide any false information to us, or create a Member profile for anyone other than yourself. Further, you agree that all registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information. You are solely responsible for all content published or displayed through your account, including any messages sent to and for your interactions with Athlete Programs and Members.

By signing up to become a Member of a Community Site, you register both with RadLegacy and the Community Site. Please read our Privacy Policy, which describes how we may use the personally identifiable information ("Personal Information") we collect, including, for example, sharing such Personal Information with the Community Sites that you join. Your Community Sites’ use of such shared information may be governed by their own privacy policies, so you should carefully read the separate policies of each Community Site that you join.

To register with RadLegacy or a Community Site, you must provide a valid e-mail address and password (together, your "User ID"), as well as certain other information. You may provide only true, complete and current information about you. Your User ID gives you access to your RadLegacy account and features of Community Sites that you join. You may not allow anyone else to access or use your RadLegacy account or User ID. You are responsible for all activities that occur under your RadLegacy account or User ID. You may not disclose your User ID to anyone else. You agree to immediately notify us if you believe there may be any unauthorized access or use of your RadLegacy account or User ID, or any other security concern. You may not sell, assign or transfer your RadLegacy account or User ID.

RadLegacy and RadLegacy Sites are established in Portugal, meaning that you are accessing a community network in the European Union. RadLegacy and Community Sites are governed by and operated in accordance with the laws of the E.U. RadLegacy and the Parent Companies make no representation that RadLegacy or Community Sites are governed by or operated in accordance with the laws of other nations. Please be aware that any Personal Information you provide to us or we obtain as a result of your use of RadLegacy or Community Sites will be collected in the E.U. or transferred to the E.U. by or on behalf of the Community Sites. By using or participating in RadLegacy or Community Sites and/or providing us with your Personal Information or other information, you (a) consent to the transfer, processing and/or storage of any Personal Information and other information you provide to RadLegacy and/or the Community Sites, (b) acknowledge that E.U. law provides a higher standard of protection for personal data than the laws of various countries including, but not limited to, the United States and (c) understand that RadLegacy and Community Sites will collect, transfer to, process and/or store and deal with your Personal Information and other information in accordance with our Privacy Policy and E.U. law. Consequently, you waive any claims that may arise under the laws and regulations that apply to you in or of any other country or jurisdiction.

4. Athlete Program and Brand Insider Programs. THERE IS NO GUARANTEE THAT YOU WILL BE OFFERED OR GIVEN A ROYALTT AS A RESULT OF USING THE RADLEGACY SERVICES. To the extent that you enter into a Athlete Program transaction or Brand Insider program, you acknowledge that you may not disclose to any third party any information acquired through the Service, including, but not limited to, the terms of your Athlete Programs agreement, pricing and any other information deemed as confidential by the parties to the Athlete Programs or Brand Insider program transaction. You agree to follow all the requirements or terms as stated by your applicable Athlete Programs agreements as specified by the Business.

5. Term/Fees. This Agreement shall remain in full force and effect while you use the RadLegacy Services, and/or are a Member and/or Business user. RadLegacy may terminate your membership for any reason, effective upon sending notice to you at the email address you provide in your registration or such other email address as you may subsequently provide to RadLegacy. If RadLegacy terminates your access to the Service because you have breached this Agreement, you shall not be entitled to the refund of any unused portion of fees for Services. Even after membership is terminated, the terms of this Agreement shall survive for so long as required to give them effect. RadLegacy reserves the right to charge for the Service and has the right to terminate Membership or rights to use the service should the user breach this Agreement or fail to pay for the Service, as required by this Agreement. You are responsible for obtaining, installing and maintaining your own internal equipment and communications services necessary to access and use the RadLegacy Services. You shall be solely responsible for any telephone charges, Internet access fees, and other such similar fees and expenses that you incur by accessing the RadLegacy Services.

6. E-Commerce Shops. RadLegacy and RadLegacy Community Sites may contain links to shops of Athlete Programs that sell products to Members (“Shops”). Each Business determines eligibility to determine if you will be able to access its Athlete Program Shop. Your correspondence to or transactions with Athlete Programs, including any purchases from their Shops, and any other terms, conditions, actions, warranties or representations associated with such transactions, are solely between you and the Business. We are not responsible for examining or evaluating, and we do not warrant the products of, any of these Athlete Programs or the content of their Shops. WE EXPRESSLY DISCLAIM AND MAKE NO REPRESENTATIONS, GUARANTEES OR WARRANTIES AS TO ANY TRANSACTION CONDUCTED THROUGH ANY SHOPS, ANY PRODUCTS OFFERED THROUGH THE SHOPS, OR ANY OTHER ACTIVITY ARISING FROM OR RELATED TO THE SHOPS. PRODUCTS THAT ARE PURCHASED THROUGH SHOPS ARE PURCHASED FROM THE BUSINESS PROVIDING THE ATHLETE PROGRAM ONLY AND NOT FROM RADLEGACY. In the event that you have a dispute with one or more Business, you hereby release RadLegacy and our subsidiaries and our respective officers, directors, and employees from any claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

7. Mobile Services. RadLegacy may offer the Services through mobile applications created by it or third party developers. If you use the Services through a mobile device, you agree that information about your use of the Services through your mobile device and carrier may be communicated to us, including but not limited to your mobile carrier, your mobile device, or, if your mobile device is so configured, your physical location. In addition, use of the Services through a mobile device may cause data to be displayed on and through your mobile device. By accessing the Services using a mobile device, you represent that to the extent you import any of your RadLegacy data to your mobile device that you have authority to share the transferred data with your mobile carrier or other access provider. You acknowledge you are responsible for all charges and necessary permissions related to accessing RadLegacy through your mobile access provider. Therefore, you should check with your provider to find out if the Services are available and the terms for these services for your specific mobile devices.

Finally, by using any downloadable application to enable your use of the Services, you are explicitly confirming your acceptance of the terms of the End User License Agreement associated with the application provided at download or installation, or as may be updated from time to time.

8. Credit Card Payments. This Section shall apply if you elect to make payments on the RadLegacy Services using a credit card. You hereby authorize RadLegacy and/or its payment processor to charge all amounts owed as a result of your use of the RadLegacy Services to the credit card you provide to RadLegacy. Some Shops allow you to make payments for products you purchase from the corresponding Sponsor using RadLegacy’s payment processor. If you use RadLegacy’s payment processor to make purchases from Shops, then you also hereby authorize RadLegacy and/or its payment processor to charge all amounts owed as a result of your purchases on participating Shops to the credit card you provide to RadLegacy. You assume all responsibility for notifying us of changes in credit card numbers and/or expiration dates. We may also require a secondary credit card number to be used only if the payment to us by your primary credit card is declined. You shall additionally be responsible for and shall immediately pay RadLegacy, on demand, any payments that are made to us that are subject to a subsequent reversal. Questions regarding charges must be brought to the attention of our billing department within ninety (90) days after the end of the questioned billing period. Charges beyond ninety (90) days old are not subject to review, reversal or refund. YOU REPRESENT AND WARRANT THAT (I) THE CREDIT CARD INFORMATION SUPPLIED TO US IS TRUE, CORRECT AND COMPLETE, (II) PAYMENTS YOU MADE WILL BE HONORED BY YOUR CREDIT CARD COMPANY, AND (III) YOU SHALL PAY FOR ALL CHARGES INCURRED THROUGH USE OF YOUR LOGIN CREDENTIAL.

9. Taxes. You are solely responsible for payment of all sales and other taxes arising from your purchases of products from Athlete Programs through their respective Shops.

10. Non-Commercial Use. The RadLegacy Services are for the use of Members and Athlete Programs only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the management of RadLegacy. Illegal and/or unauthorized use of the RadLegacy Services, including collecting usernames and/or email addresses of Members and Athlete Programs by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the RadLegacy Services are strictly prohibited. Except as effected or permitted by RadLegacy, all advertisements, unsolicited mailings or advertisement to, or solicitation of, any Member or Sponsor to buy or sell any products or services through the Service is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from profiles without notice and may result in termination of membership privileges.

To protect our Members and partners from unauthorized advertising or solicitation, we reserve all rights, including, for example, to restrict the number of communications sent on or through RadLegacy. If you are responsible for unsolicited communications in violation of this Agreement, you acknowledge that you will have caused us substantial harm, the amount of which would be extremely difficult to determine. As a reasonable estimate of such harm, you agree to pay us Fifty Euros (€50.00) for each such unsolicited communication. Appropriate legal action will be taken by RadLegacy for any illegal or unauthorized use of the RadLegacy Services.

11. Proprietary Rights To RadLegacy Services. The content, organization, graphics, design, compilation, and other matters related to the RadLegacy Services are protected under applicable E.U. and international copyright, trademark and other proprietary (including but not limited to intellectual property) rights. Except for that information which is in the public domain or for which you have been given express written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. “RadLegacy” logos and others marks are either trademarks or registered trademarks of RadLegacy. The posting of information or materials on the RadLegacy Services by RadLegacy does not constitute a waiver of any rights in such information and materials. RadLegacy exclusively owns all worldwide right, title and interest in and to all documentation, software, contents, graphics, designs, data, computer codes, ideas, know-how, “look and feel,” compilations, magnetic translations, digital conversions and other materials included within the RadLegacy Services, and all modifications and derivative works thereof, and all intellectual property rights related thereto. You shall not challenge, contest or otherwise impair RadLegacy’s ownership of the RadLegacy Services and the content therein or the validity or enforceability of RadLegacy’s intellectual property rights related thereto. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the RadLegacy Services at any time without notice.

12. Our Rights To Your Content. You understand and agree that RadLegacy may review and delete any content, news, messages, requests for Athlete Programs, offers for Athlete Programs, Athlete Program agreements, photos, videos, comments, blogs or profiles (collectively, “Content”) that in the sole judgment of RadLegacy violate this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any Member or user. You are solely responsible for the Content that you publish or display (hereinafter, “post”) on the Service or any material or information that you transmit to other Members and Athlete Programs. By posting Content on any public area of RadLegacy, you automatically grant as well as represent and warrant that you have the right to grant to RadLegacy, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and that RadLegacy has the right to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.

13. Copyright Policy. None of the material on the RadLegacy Services may be downloaded, distributed, reproduced, republished, posted, transmitted or copied in any form or by any means, without the prior written permission of RadLegacy. Nothing contained herein shall be construed by implication, estoppel or otherwise as granting to the user an ownership interest in any copyright, trademark, patent or other intellectual property right of RadLegacy or any third party. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our office with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the RadLegacy Services; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 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. RadLegacy’s Copyright Agent for notice of claims of copyright infringement can be reached as follows:

RadLegacy,
Incubadora de Empresas da Universidade de Aveiro
Campus Universitário de Santiago, Edifício 1
3810-193 Aveiro
Portugal

14. Posting On The RadLegacy Services. Please choose carefully the information you post on the RadLegacy Services and that you provide to others. Your RadLegacy profile may include personally identifiable items, including: email addresses, telephone numbers and street addresses. This information is not visible to others unless you submit an application to join an Athlete Program to a participating listing or accept an unsolicited offer to join an Athlete Program. The information is then viewable for the purpose of the Business to communicate with you regarding the status of your Athlete Program and to send necessary material to activate your Athlete Program. Do not include personally identifiable information in areas other than designated within your profile. RadLegacy reserves the right, in its sole discretion, to reject, refuse to post or remove any profile, request or offer for Athlete Programs, or posting (including email) by you, or to restrict, suspend, or terminate your access to all or any part of the RadLegacy Services at any time, for any or no reason, with or without prior notice, and without liability. Your participation in any offline RadLegacy event is at your sole risk.

15. Privacy. Any and all information that we obtain from you, or from transactions processed through the RadLegacy Services, including names, addresses, telephone numbers, e-mail addresses and any other information concerning use, transactions, and traffic through the RadLegacy Services may be collected and used by us as provided in our Privacy Policy. You confirm that you have read our Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable and satisfactory to you. RadLegacy makes no representation or warranties with regard to the sufficiency of the security measures used for data handling and storage. RadLegacy will not be responsible for any actual or consequential damages that result from a lapse in compliance with our Privacy Policy because of a security breach or technical malfunction.

16. DISCLAIMER. THE RadLegacy SERVICES AND THE MATERIALS CONTAINED HEREIN, SHOPS AND ALL CONTENT AND PRODUCTS THEREIN, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND. ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR ARISING OUT OF COURSE OF CONDUCT OR TRADE CUSTOM OR USAGE. IN ADDITION, RADLEGACY DISCLAIMS (A) ANY ENDORSEMENT OF OR LIABILITY FOR CONTENT AND HYPERLINKS; (B) INACCURACY, INCOMPLETENESS OR TIMELINESS OF THE RADLEGACY SERVICES; (C) THE TRANSMISSION OF VIRUSES OR THE OCCURRENCE OF DATA CORRUPTION; AND (D) DAMAGES AS A RESULT OF THE TRANSMISSION, USE OR INABILITY TO USE THE RADLEGACY SERVICES OR CIRCUMSTANCES OVER WHICH THE ORGANIZATION HAS NO CONTROL. YOU UNDERSTAND AND AGREE THAT THE OPERATION OF THE RADLEGACY SERVICES MAY INVOLVE BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. RADLEGACY SHALL HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF THE RADLEGACY SERVICES OR USE OF ANY INFORMATION ACCESSED OR PRODUCTS PURCHASED THROUGH ANY SHOPS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RADLEGACY THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE OF ANY KIND. RadLegacy is not responsible for the contents of any linked sites or any link contained in a linked site, or any changes or updates to such sites.

17. LIMITATION OF LIABILITY. RADLEGACY SHALL NOT BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR NOT, THAT ARE IN ANY WAY RELATED TO THESE TERMS OF USE, ANY VIRUSES AFFECTING THE RADLEGACY SERVICES, THE USE OR INABILITY TO USE THE RADLEGACY SERVICES, THE RESULTS GENERATED FROM THE USE OF THE RADLEGACY SERVICES, LOSS OF GOODWILL OR PROFITS, LOST BUSINESS, HOWEVER CHARACTERIZED, AND/OR FROM ANY OTHER CAUSE WHATSOEVER. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, RADLEGACY’S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, TO RADLEGACY FOR THE SERVICE IN THE SIX (6) MONTHS PRIOR TO THE EVENTS GIVING RISE TO YOUR CLAIM.

18. CONSUMER PROTECTION LAWS. THE RADLEGACY SERVICES ARE BUSINESS PRODUCTS, THE APPLICATION OF WHICH IS COMMERCIAL, RATHER THAN CONSUMER-ORIENTED, IN NATURE. IN ACCEPTING THIS AGREEMENT, YOU RECOGNIZE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THAT CONSUMER PROTECTION LAWS DO NOT APPLY TO THE TRANSACTIONS CONTEMPLATED HEREBY.

19. Remedies. You hereby acknowledge that if RadLegacy, in its sole discretion, determines you to be in breach of these Terms and Conditions, RadLegacy may restrict, suspend, or terminate your access to all or any part of the RadLegacy Services or terminate your membership with the RadLegacy Services with or without notice. Termination hereunder shall be without prejudice to any other right or remedy to which RadLegacy may be entitled hereunder or at law.

20. Indemnity. You hereby indemnify and hold RadLegacy, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless against all damages, claims, liabilities, losses and other expenses, including without limitation reasonable attorneys’ fees and costs, whether or not a lawsuit or other proceeding is filed, that arise out of or relate to (i) your use of the RadLegacy Services; (ii) your breach of this Agreement and/or any breach of your representations and warranties set forth above; (iii) any products you purchase from Athlete Programs, through their Shops or otherwise, and all product liability and other claims you may have against the provider of an Athlete Program or any other party arising from the use of such products; (iv) any disputes you may have; and/or (v) your participation in any offline RadLegacy event.

21. Links To Other Web Sites, Athlete Programs, And Services. To the extent this Site contains links to outside services and resources, you agree that your use of such links is solely at your own risk and that any concerns regarding such services or resources should be directed to the particular outside service or resource provider. Athlete Programs and other outside service providers and resources, and their respective employees and agents are not related to RadLegacy and RadLegacy is not responsible for any of their conduct, acts or omissions.

22. E.U. Export Controls. Software from the RadLegacy Services (the “Software”) is further subject to European Union export controls.

23. Disputes. If there is any dispute about or involving the RadLegacy Services, you agree that any dispute shall be governed by the laws of Portugal and the European Union without regard to conflict of law provisions.

24. Member And Athlete Program Disputes. Your interactions, communications and transactions (online or offline) with any other Member, user, Business, Outside Site or other organization that you find on or through RadLegacy or the Community Sites are solely between you and them, and are your sole responsibility. We reserve the right, but have no responsibility, to monitor or become involved in disputes between you and such other Members, users or organizations. If you have such a dispute, you release us and our respective officers, directors, employees, agents, subsidiaries, affiliates, licensors, licensees, operational service providers, Advertisers and suppliers (collectively, "Released Parties") from all claims, demands and damages actual and consequential, know or unknown, arising from or related to the dispute.

25. Miscellaneous. Should any part of this Agreement be held invalid or unenforceable, that portion shall be severed and the remaining portions shall remain in full force and effect. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce that or any other provision of this Agreement. In the event a dispute arises regarding this Agreement or the use of the RadLegacy Services, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs incurred, in addition to damages and any other relief to which it is entitled.

26. Authority. If you are entering into this Agreement on behalf of an entity, you represent and warrant that you have the authority from your respective governing body to enter into this Agreement and to bind your respective company to all the terms and conditions of this Agreement.

COMPLETING THE REGISTRATION PROCESS WILL BE THE LEGAL EQUIVALENT OF YOUR SIGNATURE ON A WRITTEN CONTRACT, AND EQUALLY BINDING. YOU MUST AGREE TO THESE TERMS AND CONDITIONS IN ORDER TO CREATE AN ACCOUNT AND USE THE SERVICE.

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