This Data Access Agreement, (“Data Access Agreement”) is by and between the
User (a “User”) and RF-Works, Inc., an Ohio corporation having an address at 1221
Worthington Woods Blvd, Columbus, OH 43085 (“RF-Works”). This website is
operated by RF-Works. RF-Works offers access to its website, (https://rf-works.com/),
and content, data, files, and services that may be provided on, linked
to, downloaded from, or otherwise made available from such website (collectively
the “Website”) conditioned upon the User’s acceptance of all terms, conditions,
policies and notices stated here, as may be amended from time to time.
This Data Access Agreement includes, and hereby incorporates by reference: (i) a
Website Usage Agreement (defined here: https://www.rf-works.com/website-usage/));
and (ii) a Data Privacy Agreement (defined here: https://www.rf-works.com/data-privacy/).
Collectively the Data Access Agreement, (defined here:
https://www.rf-works.com/data-access/). Website Usage Agreement, and Data
Privacy Agreement may be referred to as the “Agreements”.
By visiting or using the Website, User engages in RF-Works’ services and agrees to
be bound by the terms and conditions of the Agreements, including any additional
terms and conditions and policies referenced hereby. The Agreements apply the
User, and to all other users of the site, including without limitation users who are
browsers, vendors, customers, or merchants. If User does not agree with and
consent to the terms of the Agreements, then User should not access or
use the Website or any of RF-Works’ Services.
Please read the Agreements carefully before accessing or using the Website. By
accessing or using any part of the Website, the User agrees to be bound by the
Agreements. If User does not agree to all the terms and conditions herein, then
User may not access the Website or use any associated services. If the terms of
these Agreements are considered an offer, acceptance is expressly limited to the
terms of the Agreements.
Any new products, features or tools added to the Website shall also be subject to
the Agreements. The User can review the most current version of these terms and
conditions at any time on the Website. RF-Works reserves the right to update,
change or replace any part of these terms and conditions by posting updates or
changes to the Website. It is and shall continue to be the User’s responsibility to
check this Website periodically for changes. The User’s continued use of or access
to the Website following the posting of any changes constitutes acceptance of those
changes.
SECTION 1 – ONLINE TERMS
By agreeing to these Agreements, the User represents that User is at least the age
of majority in User’s state or province of residence.
The User agrees not to, and shall not, use the Website for any illegal or
unauthorized purpose, or use the Website in violation of any applicable laws.
SECTION 2 – GENERAL CONDITIONS
RF-Works reserves the right to refuse service to anyone for any reason at any time.
User understands that User’s content or data may be transferred unencrypted and
involve (a) transmissions over various networks; and (b) changes to conform and
adapt to technical requirements of connecting networks or devices.
Without express written permission by RF-Works, User agrees not to reproduce,
duplicate, copy, sell, resell, or exploit any portion of the Website, use of the
Website, content available from the Website, or access to the Website.
The headings used in this agreement are included for convenience only and will not
limit or otherwise affect the terms of the Agreements.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF
INFORMATION
RF-Works is not responsible if information made available on the Website is not
accurate, complete or current. The material on this Website is provided for general
information only and should not be relied upon or used as the sole basis for making
decisions without consulting primary, more accurate, more complete, or timelier
sources of information. Any reliance on the material on this site is at the User’s sole
risk.
This Website may contain certain historical information. Historical information,
necessarily, is not current and is provided for the reference only. RF-Works
reserves the right to modify the contents of this site at any time, but RF-Works has
no obligation to update any information on its site. User agrees that it is User’s
responsibility to monitor changes to RF-Works’ site.
SECTION 4 – MODIFICATIONS TO THE SERVICE
RF-Works reserves the right at any time to modify or discontinue the Website or
services available through the Website without notice at any time.
RF-Works shall not be liable to User or to any third-party for any modification, price
change, suspension or discontinuance of the Website or services available through
the Website.
SECTION 5 – OPTIONAL TOOLS
RF-Works may provide the User with access to third-party tools over which RF-
Works neither monitors nor has any control nor input.
User acknowledges and agrees that RF-Works provides access to such tools “as is”
and “as available” without any warranties, representations or conditions of any kind
and without any endorsement. RF-Works shall have no liability whatsoever arising
from or relating to User’s use of optional third-party tools.
Any use by User of optional tools offered through the site is entirely at User’s own
risk and discretion and User should ensure that User is familiar with and approves
of the terms on which tools are provided by the relevant third-party provider(s).
RF-Works may also, in the future, offer new services or features through the
website (including, the release of new tools and resources). Such new features or
services shall also be subject to the Agreements.
SECTION 6 – PERSONAL INFORMATION
User’s submission of personal information through the website is governed by RF-
Works’ Data Privacy Policy. [https://www.rf-works.com/data-privacy/]
SECTION 7 – ERRORS, INACCURACIES AND OMISSIONS
The Website may contain typographical errors, inaccuracies or omissions that may
relate to products, product descriptions, pricing, promotions, offers, product
shipping charges, transit times and availability. RF-Works reserves the right to
correct any errors, inaccuracies or omissions, and to change or update information
or cancel orders if any information is inaccurate at any time without prior notice
(including after User has accessed content or data related to such error, inaccuracy
or omission).
RF-Works undertakes no obligation to update, amend or clarify information on the
Website, including without limitation, pricing information, except as required by
law. No specified update or refresh date applied to the Website should be taken to
indicate that all information is accurate, has been modified or updated.
SECTION 8 – PROHIBITED USES
Without limiting other terms and conditions of the Agreements, User is prohibited
from using the Website or materials sourced therefrom: (i) for any unlawful
purpose; (ii) to solicit others to perform or participate in any unlawful acts; (iii) to
violate any international, federal, provincial, or state regulations, rules, laws, or
local ordinances; (iv) to infringe upon or violate RF-Works’ intellectual property
rights or the intellectual property rights of others; (v) to harass, abuse, insult,
harm, defame, slander, disparage, intimidate, or discriminate based on gender,
sexual orientation, religion, ethnicity, race, age, national origin, or disability; (vi) to
submit false or misleading information; (vii) to upload or transmit viruses or any
other type of malicious code that will or may be used in any way that will affect the
functionality or operation of the Service or of any related website, other websites,
or the Internet; (viii) to collect or track the personal information of others; (ix) to
spam, phish, pharm, pretext, spider, crawl, or scrape; (x) for any obscene or
immoral purpose; or (xi) to interfere with or circumvent the security features of the
Service or any related website, other websites, or the Internet.
RF-Works reserves the right to terminate the User’s use of the Service or any
related website for violating any term or condition of the Agreements, including the
prohibited uses listed in this Section [8], or RF-Works’ suspicion of such a violation.
SECTION 9 – WARRANTY DISCLAIMER
The Website and all content, data, and downloads sourced therefrom are provided
on an "as is" basis without warranty of any kind, express or implied.
RF-Works disclaims all warranties, express or implied, including (without limitation)
implied warranties of merchantability, fitness for a particular purpose, or non-
infringement. RF-Works disclaims any warranty that the Website will operate or
perform in a manner that is uninterrupted or error free, or that the Website and
host servers will be maintained free of viruses or other harmful code.
RF-Works disclaims all warranties that the information presented on the Website is
current, up to date, suitable or accurate. In jurisdictions that do not allow
limitations on implied warranties, this section will be enforceable to the greatest
extent permitted by applicable law.
SECTION 10 – LIMITATION OF LIABILITY
In no case shall RF-Works, its directors, officers, employees, affiliates, agents,
contractors, interns, suppliers, service providers or licensors be liable for any injury,
loss, claim, or any direct, indirect, incidental, punitive, special, or consequential
damages of any kind, including, without limitation lost profits, lost revenue, lost
savings, loss of data, replacement costs, or any similar damages, whether based in
contract, tort (including negligence), strict liability or otherwise, arising from User’s
use of any of the service or any products procured using the service, or for any
other claim related in any way to User’s use of the service or any product,
including, but not limited to, any errors or omissions in any content, or any loss or
damage of any kind incurred as a result of the use of the service or any content (or
product) posted, transmitted, or otherwise made available via the service, even if
advised of such possibility. Because some states or jurisdictions do not allow the
exclusion or the limitation of liability for consequential or incidental damages, in
such states or jurisdictions, RF-Works’ liability shall be limited to the amount
actually paid by User to RF-Works.
If the User should ever disagree with this Agreement, or any of the terms and
conditions found on the Website, the User’s sole and exclusive remedy is to stop
using the Website and Service.
SECTION 11 – DISCLAIMER OF WARRANTIES
RF-Works does not guarantee, represent or warrant that User’s use of RF-Works’
service will be uninterrupted, timely, secure or error-free.
RF-Works does not warrant the reliability or accuracy of the Website.
User agrees that from time to time RF-Works may remove content or data from the
Website for indefinite periods of time or cancel the Website at any time, without
notice to User.
User expressly agrees that User’s use of, or inability to use, the service is at User’s
sole risk. The Website is (except as expressly stated by RF-Works) provided “as is”
and “as available” for User’s use, without any representation, warranties or
conditions of any kind, either express or implied, including all implied warranties or
conditions of merchantability, merchantable quality, fitness for a particular purpose,
durability, title, and non-infringement.
RF-Works makes no representation that the Website is appropriate or available for
use in locations outside the United States of America. By using this site from any
other location, the User assumes full responsibility for compliance with applicable
laws.
Prior to either: (i) a User using the Website in a jurisdiction other than outside the
United States of America, United States of America, or (ii) the transmission of
User’s personal information or data outside of outside the United States of America,
United States of America, then User shall promptly notify RF-Works with regard to
such planned transmission so that RF-Works may, in its sole discretion: (a) consent
to such use, (b) terminate such planned use, or (c) modify the Services, Website,
or other features to ensure compliance with the laws of such other jurisdiction.
SECTION 12 – INDEMNIFICATION
User agrees to indemnify, defend and hold harmless RF-Works and its subsidiaries,
affiliates, partners, officers, directors, agents, contractors, licensors, service
providers, subcontractors, suppliers, interns and employees, from any claim or
demand, including reasonable attorneys’ fees, made by any third-party due to or
arising out of User’s breach of the Agreements or User’s violation of any law or the
rights of a third-party.
SECTION 13 – TERMINATION
All obligations and liabilities of User incurred prior to the termination date of the
Agreements shall survive termination indefinitely and for all purposes.
The Agreements are effective unless and until terminated by either User or RF-
Works. User may terminate these Terms of Service at any time by notifying RF-
Works in writing that User no longer wishes to use RF-Works’ Services.
If, in RF-Works’ sole judgment, User fails, or RF-Works suspects that User has
failed, to comply with any term or provision of the Agreements, RF-Works also may
terminate the Agreements at any time without notice, and RF-Works may deny
User access to the Website or continued access to any content or data sourced from
the Website.
RF-Works may terminate, change, or otherwise modify any aspect of this Website,
or impose limits on features or restrict access, in whole or in part, to this Website
at any time and in its sole discretion without liability. RF-Works may terminate any
authorizations, rights, and licenses provided herein in accordance with applicable
law and as of the date and terms specified in such termination notice.
If the User disagrees with any changes to this privacy policy, the User will need to
stop using the Services and deactivate that User account(s), as outlined above.
SECTION 14 – MISCELLANEOUS
SECTION 14.1 – SEVERABILITY
In the event that any provision of the Agreements is determined to be unlawful,
void or unenforceable, such provision shall nonetheless be enforceable to the fullest
extent permitted by applicable law, and the unenforceable portion shall be deemed
to be severed from the Agreements, such determination shall not in any way affect
the validity and enforceability of any other remaining provisions.
SECTION 14.2 – JURISDICTION, VENUE, CHOICE OF LAW
RF-Works operates this website from its corporate headquarters in Columbus, Ohio,
United States of America. RF-Works intends for this Website to be used solely
within the United States of America.
Users who choose to access this Website from locations outside the United States
do so on their own initiative and are responsible for compliance with applicable local
laws. No User may use or export the Website or any component thereof in violation
of United States export laws and regulations.
Any and all actions, claims, disputes, or controversies relating to these terms and
conditions, the use of this Website, or any materials therein shall be governed by
the law of the State of Ohio, USA, without regard to its conflict-of-laws principles.
By using this site, User expressly consents to the exclusive forum, jurisdiction, and
venue of the state and federal courts located in Columbus, Ohio for such actions,
claims, disputes, or controversies.
The Agreements have been made in the State of Ohio, U.S.A. and must be
interpreted, and the rights and liabilities of the parties hereto determined, under
the laws of Ohio, U.S.A., without regard to its conflicts of law principles.
User and RF-Works hereby consent to the exclusive jurisdiction of the State and
Federal courts seated in Columbus, Ohio, U.S.A for the determination of any claim
or controversy between the parties and arising out of or relating to the Agreements.
Both parties hereby consent to the jurisdiction of the Ohio courts and waive any
objections about personal jurisdiction or about the laying of venue in such courts
due to inconvenient forum or any other basis.
SECTION 14.3 – LIMITED RELATIONSHIP
The User acknowledges that no partnership, employment, or agency relationship
exists between the User and RF-Works as a result of this Agreement or use of this
Website. User agrees not to hold himself or herself out as a representative, agent
or employee of RF-Works for any reason.
SECTION 14.4 – SEVERABILITY
If any part of this agreement is determined to be invalid or unenforceable pursuant
to applicable law, including, but not limited to, warranty disclaimers and liability
limitations, then the invalid or unenforceable provision will be deemed superseded
by a valid, enforceable provision that most closely matches the intent of the original
provision and the rest of the Agreement will continue in effect.
SECTION 14.5 – ENTIRE AGREEMENT
The Agreements shall be deemed to include all other notices, policies, disclaimers
and other terms contained in the Website; provided, however, that in the event of a
conflict between the terms of this Data Access Agreement and: (i) such other
terms, or (ii) the terms of the Website Usage and Data Privacy Agreement, the
terms of this Data Access Agreement shall control.
The Agreements and any policies or operating rules posted by RF-Works on the
Website constitutes the entire agreement and understanding between User and RF-
Works, and governs User’s use of the Website and all content and data sourced
therefrom, superseding any prior or contemporaneous agreements,
communications and proposals, whether oral or written, between User and RF-
Works.
RF-Works may update this policy from time to time by publishing a new version on
RF-Works’ website. The User agrees to check this page frequently to ensure the
User is aware of all changes to the Agreements. RF-Works may, but are not
obligated to, notify the User of changes to this policy by email or by posting such
notification on the Website.
SECTION 14.6 – WAIVER
The failure of RF-Works to exercise or enforce any right or provision of the Agreements shall not constitute a waiver of any such right or provision.
SECTION 15 – CONTACT INFORMATION
Notices related to the Agreements shall be sent to RF-Works at Privacy@RF-Works.com.