Terms of Use

Last Updated: October 8, 2024

Website Terms of Use

These Website Terms of Use are entered into by and between you and RADAR, LLC, dba RadarFirst (“RadarFirst” or “we” or “our”). The following terms and conditions, together with any documents expressly incorporated by reference (collectively, “Website Terms of Use”), govern your access to and use of www.radarfirst.com, other subdomains that form our corporate web presence, and any other sites that display these Website Terms of Use (collectively, “Website”). Without limiting the foregoing, “Website” includes all RadarFirst content, functionality, and services offered from www.radarfirst.com. These Website Terms of Use do not apply to the purchase, access, or use of any RadarFirst software as a service products, including without limitation Radar® Compliance and Radar® Privacy, or related professional services, which are subject to separate agreements.

By accessing or using the Website, you agree to these Website Terms of Use. If you are using the Website on behalf of your employer or any other entity, you represent that you are authorized to agree to these Website Terms of Use on that employer or entity’s behalf. If you do not agree to these Website Terms of Use, please do not use the Website. RadarFirst may change these Website Terms of Use from time to time without notice, in RadarFirst’s sole discretion. Whenever you visit the Website, you agree to the then-posted version of the Website Terms of Use.

Arbitration Notice

These Website Terms of Use contain an arbitration requirement. Unless you opt out of arbitration within 30 days of the date you first agree to these Website Terms of Use by following the opt-out procedure specified in the “Arbitration Agreement and Class Action Waiver” section below, you agree that most disputes between you and RadarFirst will be resolved by binding, individual arbitration, and you are waiving your right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.

Additional terms and conditions on the Website may apply to specific portions of the Website, or certain features of the Website. Such additional terms and conditions supplement these Website Terms of Use and, along with our Privacy Notice, are incorporated by reference and are considered a part of these Website Terms of Use.

By using the Website and its features, you represent and warrant that:
(a) you are at least the age required to enter into and form binding contracts under applicable law; (b) all information that you submit to RadarFirst via the Website is truthful, accurate, and may lawfully be provided by you; (c) you will maintain the accuracy of such information; and (d) your use of the Website and its features does not violate any applicable law.

Accessing the Website and Account Security

RadarFirst reserves the right to withdraw or amend the Website, and any content, functionality, or services that we provide on or through the Website, in our sole discretion without notice. We will not be liable if all or any part of the Website is unavailable at any time or for any period or for any reason. From time to time, we may restrict access to some parts of the Website, or the entire Website.

You are responsible for:

• Making all arrangements necessary for you to have access to the Website; and
• Ensuring that all persons who access the Website through your internet connection, or on your behalf, are aware of these Website Terms of Use and comply with them.

To access the Website or the content, functionality, or services that we provide on or through the Website, you may be asked to provide certain registration information. It is a condition of your use of the Website that all the information that you provide on the Website is correct, current, and complete, and that you have the legal right to provide such information. You agree that you will not provide RadarFirst with any information that you do not have the right to provide. You also agree that all information that you provide, including without limitation through the use of any interactive features on the Website, is governed by our Privacy Notice, and you consent to all actions that RadarFirst takes with respect to your information consistent with our Privacy Notice.

Term

The Website Terms Of Use, as we may revise from time to time, shall remain in full force and effect while you access the Website, and content, functionality, or services that RadarFirst provides on or through the Website.

Your Use of the Website

Website visitors have a limited, revocable, non-transferable, non-exclusive license to access the Website, to view information contained at the Website, and to interact with the Website solely for their own personal use. You agree not to use the Website for any unlawful purpose. You agree not to rent, re-transmit, disclose, publish, sell, assign, lease, sublicense, market, or transfer the Website (or any portion of the Website, its content, functionality, or services). You agree not to copy, reverse engineer, translate, port, modify, or make derivative works of any portion of the Website. You agree not to use the Website in any manner not expressly authorized by these Website Terms of Use.

Tampering with the Website, misrepresenting your identity or age, or conducting fraudulent activities on the Website, are prohibited.

Your access and use of the Website is at the sole discretion of RadarFirst, and RadarFirst may terminate your right to access and use the Website at any time for any (or no) reason.

Intellectual Property Rights

The Website and its entire content, functionality, and services (including without limitation all information, software, text, displays, trademarks, service marks, trade names, images, graphics, video, audio, and audiovisual works, and the design, selection, and arrangement of the foregoing) are owned by RadarFirst, its licensors, or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Without limiting the foregoing, the following are registered trademarks of RadarFirst: RADAR, RADARFIRST (text and logo marks), and INCIDENT DIMENSIONS. Additional information regarding RadarFirst’s intellectual property, including its patent rights, is available at www.radarfirst.com/intellectual-property/.

These Website Terms of Use permit you to use the Website for personal, non-commercial use only. You agree not to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the materials on our Website, except as follows:

• Your computer may temporarily store virtual copies of such materials incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided that you agree to be bound by RadarFirst’s end user license agreement for such applications (to the extent applicable).

You agree that you will not:

• Modify copies of any materials from the Website.
• Use any illustrations, images, photographs, video, audio, or audiovisual sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website.

You must not access or use any part of the Website or any materials available through the Website for any commercial purposes.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Website Terms of Use, your right to use the Website will immediately terminate and you must, at our option, return or destroy any copies of the materials. No right, title, or interest in or to the Website or any content, functionality, or services on the Website is transferred to you, and all rights not expressly granted are reserved by RadarFirst. Any use of the Website not expressly permitted by these Website Terms of Use is a breach of these Website Terms of Use and may violate copyright, trademark, and other laws.

Protection of Intellectual Property Rights

RadarFirst respects the intellectual property rights of others. If you believe that something on the Website violates your intellectual property rights, please provide notice to the RadarFirst Legal Department (identified below) with the following information:

1. a physical or electronic signature of the owner (or a person authorized to act on behalf of the owner) of the copyrighted work or other intellectual property alleged to have been infringed;
2. a description of the copyrighted work or other intellectual property that you allege is being infringed;
3. a description of the allegedly infringing material and information sufficient to permit RadarFirst to locate the material;
4. information reasonably sufficient to permit RadarFirst to contact you, such as an address, telephone number, and an email address;
5. a statement by you that you have a good faith belief that use of the material in the manner in which it is used on the Website is not authorized by the copyright or other intellectual property owner, its agent, or the law; and
6. a statement by you that the information in the notification is accurate and, under penalty of perjury, that you have the authority to enforce the copyrights or other intellectual property rights that are claimed to be infringed.

RadarFirst Legal Department:

Attn: General Counsel
RADAR, LLC
520 SW 6th Avenue
Suite 200
Portland, Oregon 97204
Email: [email protected]

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Website Terms of Use. Without limiting the foregoing, you agree not to use the Website:

• In any way that violates any applicable federal, state, local, or international law or regulation (including without limitation any laws regarding the export of data or software to and from the United States or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm any person in any way by exposing them to inappropriate content, harassing or threatening them, or otherwise.
• To impersonate or attempt to impersonate RadarFirst, a RadarFirst employee, another Website visitor, or any other person or entity (including without limitation by using email addresses associated with, or intended to be confusingly similar to, any of the foregoing).
• To engage in any other conduct that restricts or inhibits the use or enjoyment of the Website, or which may harm RadarFirst or other Website visitors, or expose them to liability, in each case, as determined by RadarFirst in its sole discretion.

Additionally, you agree not to:

• Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
• Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the materials on the Website, or for any other purpose not expressly authorized in these Website Terms of Use, without RadarFirst’s prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Website.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other materials that are malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.

• Hold yourself out as a partner, joint venturer, employee, or agent of RadarFirst unless RadarFirst has agreed to such relationship in writing.

Reliance on Information Posted

The information and materials presented on or through the Website (including without limitation any content, functionality, or services) are made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information, or that it is up-to-date. Any reliance that you place on such information is at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information or materials by you or any other visitor to the Website, or by anyone who may receive such information or materials.

Without limiting the foregoing, the Website may include information and materials provided by third parties, including information and materials provided by other Website visitors, bloggers, podcast guests, webinar guests, and other event guests, and third-party content creators, licensors, syndicators, aggregators, and/or reporting services. All information and materials provided by third parties, including without limitation all statements and opinions expressed by third parties, regardless of the format, are solely the opinions and the responsibility of the person or entity providing them. They do not necessarily reflect the opinion of RadarFirst. We are not responsible, or liable to you or any third party, for the content or accuracy of any information or materials provided by any third parties.

Information About You and Your Visits to the Website

All information that RadarFirst collects on the Website is subject to RadarFirst’s Privacy Notice. By using the Website, you consent to all actions taken by RadarFirst with respect to your information in compliance with the Privacy Notice.

Links from the Website; Third-Party Sites and Platforms

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes, without limitation, links contained in advertisements and sponsored links, links to resources provided by third parties, and links to social-media platforms. Certain virtual events, such as webinars, may also be hosted by third-party streaming or virtual-meeting platforms. We have no control over the contents or practices of any of these sites, resources, or platforms, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites, resources, or platforms linked to the Website, you access them at your own risk and subject to the terms and conditions of use for such websites, resources, and platforms.

Changes to the Website

We may revise and update these Website Terms of Use without notice from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website after they are posted. Your continued use of the Website following the posting of revised Website Terms of Use means that you accept and agree to the changes. If you are dissatisfied with the Website, its content, functionality, or services, or any terms included in these Website Terms of Use (including as modified), you agree that your sole and exclusive remedy is to discontinue using the Website.

Disclaimer of Warranty and Legal Advice

THE WEBSITE, TOGETHER WITH ALL CONTENT, FUNCTIONALITY, AND SERVICES AVAILABLE THROUGH THE WEBSITE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. RadarFirst does not warrant that: (a) the Website will meet your requirements, (b) the Website or any portion will be available, uninterrupted, timely, secure, or error-free, or that RadarFirst will fix any errors, or (c) the Website will be accurate, up-to-date, or complete. Use of the Website (including without limitation its content, functionality, and services) is at your own discretion and risk, and RadarFirst is not responsible for any decisions that you make based on such use. RadarFirst is not responsible for any damage caused to your computer or data, or from any bugs, viruses, Trojan horses, or other destructive or harmful code, resulting from your use of the Website.

Without limiting the foregoing, the Website does not provide any legal advice or opinions, and it should not be relied upon for legal advice or opinions.

RadarFirst may make changes to the Website, or to any related content, functionality, or services, at any time, without notice.

Limitation of Liability

IN NO EVENT WILL RADARFIRST, ITS SUBSIDIARIES, OR AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, AGENTS, PARTNERS, OR EMPLOYEES BE LIABLE FOR ANY DAMAGE, CLAIM, OR LOSS INCURRED BY YOU, INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, IRRESPECTIVE OF WHETHER RADARFIRST HAS BEEN INFORMED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, DEFAMATION, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS, AS WELL AS THIRD-PARTY CLAIMS. IF THE WARRANTY EXCLUSIONS OR OTHER LIMITATIONS OF LIABILITY SET FORTH IN THESE WEBSITE TERMS OF USE ARE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT RADARFIRST’S TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS (USD $100).

Indemnification

You agree to indemnify, defend, and hold RadarFirst, its subsidiaries, and affiliates, and their respective officers, agents, partners, and employees, harmless from any loss, liability, cost, expense, claim, or demand, including without limitation reasonable attorney fees, relating to or arising from your use of the Website, your breach of the Website Terms of Use, or any breach of your representations and warranties set forth in the Website Terms of Use.

The foregoing warranty disclaimer, limitations of liability, and indemnification provisions apply to the fullest extent permitted by applicable law.

Arbitration Agreement and Class Action Waiver

Subject to the exceptions described below, all disputes arising out of or related to the Website, including these Website Terms of Use, will be resolved through final and binding arbitration before a panel of three arbitrators instead of in a court by a judge or jury.

Arbitration is mandatory for the claims covered under this arbitration agreement. You agree that you and RadarFirst are each waiving the right to trial by a jury, and that any arbitration will take place on an individual basis. You hereby waive the ability to participate in a class action. The parties agree that the panel will have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement.

You and RadarFirst each retain the right to: (a) bring an individual action in small claims court and (b) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement or misappropriation of a party’s trade secrets or intellectual property rights.

You will also have the right to litigate any other dispute that would otherwise be subject to this arbitration agreement if you opt out of the arbitration agreement by sending an email to [email protected] within 30 days after the date you first agree to these Website Terms of Use; the subject line of the email must contain “ARBITRATION OPT OUT.” If you do not provide us with a timely opt-out notice, this arbitration agreement applies.

The arbitration will be administered by the Arbitration Service of Portland, Inc. (“ASP”) in accordance with the then effective arbitration rules of (and by filing a claim with) ASP, and judgment upon the award rendered pursuant to such arbitration may be entered in any court having jurisdiction thereof. The panel will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the panel determines that an in-person hearing is appropriate. Any in-person appearances will be held at a location that is reasonably convenient to both parties. If the parties are unable to agree on a location, the panel will determine the location. If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will contribute to your filing and hearing fees as the panel deems necessary to prevent the arbitration from being cost-prohibitive. The panel’s decision will follow the terms of these Website Terms of Use (including the limitation of liability provision) and will be final and binding. The panel will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Website Terms of Use, but only to the extent necessary to provide relief warranted by the individual claim before the panel.

Any claim or cause of action arising out of or related to the Website or the Website Terms of Use will be barred unless arbitration is initiated within one year after such claim or cause of action arose.

General Terms

The Website Terms of Use will be construed, and their performance enforced, under the laws of Oregon without reference to choice of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to the Website Terms of Use. We may assign the Website Terms of Use, in whole or in part, to a related entity or to a third party.

These Website Terms of Use constitute the entire agreement between you and RadarFirst regarding the use of the Website and its content, functionality, and services, and supersede all previous website terms of use. The failure of RadarFirst to exercise or enforce any right or provision of the Website Terms of Use shall not operate as a waiver of such right or provision. The section titles in the Website Terms of Use are for convenience only and have no legal or contractual effect. The Website Terms of Use operate to the fullest extent permissible by law. If any provision of the Website Terms of Use is unlawful, void, or unenforceable, that provision is deemed severable from the Website Terms of Use and does not affect the validity and enforceability of any remaining provisions.