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Terms of Use for Rainmaking.us


By using this website, Rainmaking.us ("Rainmaking"), you agree to be bound by these Terms of Use. If you do not understand and agree to these website Terms of Use, you must not use the website. Rainmaking may at any time, in its sole discretion, update, modify or otherwise revise these Terms of Use by posting amended Terms of Use on the website and any changes will be effective immediately upon posting. Your use of the Site following the posting of updated Terms of Use constitutes acceptance of those terms. Further, Rainmaking reserves the right, at any time, to modify or discontinue, temporarily or permanently, the website or any part thereof without notice.


The information available on this website is for your information only and is not intended to and does not constitute legal advice or a solicitation for the formation of a consulting relationship. No consulting relationship is created through your accessing of or use of the website. Rainmaking accepts clients only in accordance with certain formal procedures, and renders advice only after completion of those procedures, which generally conclude with preparation and signing of a formal written agreement.


Confidentiality
Unsolicited e-mails, questions and any other information sent to Rainmaking to schedule an appointment, request information or for any other reason, do not create a consulting relationship with Rainmaking, will not be considered confidential, and may be disclosed to others.


User Conduct

You agree to comply with all applicable laws and regulations in connection with your use of the website. You will not violate, attempt to violate, or knowingly facilitate the violation of the security (including access control or authentication systems) or integrity of the website. Without limiting the foregoing, you agree not to (a) attempt or to enable others to attempt to gain unauthorized access to any other accounts, computer systems or networks connected to any server through hacking, password theft or any other means; or (b) use the website in any manner that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or that might interfere with any other person's access to or use or enjoyment of the website.


Limitation of Liability and Disclaimer of Warranties

THIS WEBSITE IS PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. RAINMAKING DOES NOT MAKE ANY, AND HEREBY DISCLAIMS ALL, WARRANTIES THAT MIGHT ARISE FROM YOUR USE OR RELIANCE ON THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. RAINMAKING WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, STATUTORY OR OTHER THEORY, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF RAINMAKING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ANY LIMITED REMEDY OF ITS ESSENTIAL PURPOSE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE. TO THE EXTENT THAT RAINMAKING MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF RAINMAKING'S LIABILITY SHALL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN SOME CIRCUMSTANCES. ACCORDINGLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.


Indemnity

You agree to defend, indemnify and hold harmless Rainmaking and its owner(s), representatives and agents, from and against all claims, losses, costs, damages, liabilities, and expenses (including but not limited to attorneys fees) arising out of: (a) your activities in connection with the website; (b) any violation of these Terms of Use by you; and (c) any allegation that anything you transmit through or in connection with the website infringes or otherwise violates the copyright, trademark, trade secret, privacy, or other rights of any third party.


Governing Law and Venue

These Terms of Use shall be governed by the laws of the State of Virginia as applied to agreements made, entered into, and performed entirely in Virginia by Virginia residents, notwithstanding your actual place of residence. Any lawsuit arising from or relating to these Terms of Use or your use of the website shall be brought exclusively in the Federal or State courts serving Fairfax Station, Fairfax County, Virginia, and you hereby unconditionally and irrevocably submit to the exclusive personal jurisdiction and venue of such courts for such purpose.


Miscellaneous

If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of Rainmaking and you as reflected in the provision, and that the other provisions of these Terms of Use remain in full force and effect. The failure of Rainmaking to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the website or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. Neither the course of conduct between you and Rainmaking, nor trade practice, shall act to modify any provision of these Terms of Use. These Terms of Use are not assignable, transferable or sub-licensable by you. These Terms of Use comprise the entire and exclusive agreement between you and Rainmaking with respect to your use of the website superseding any prior agreements or negotiations between you and Rainmaking with respect to your use of the website.

All text, images and graphics as well as the overall design of this website are copyrighted by Radiant Marketing Communications, Inc. © 2017. All rights reserved.


These Terms of Use of Use were last updated on September 20, 2017.