BETWEEN YOU (“USER”) AND WINDSOR TOWNSHIP OG, LLC (“RAIR SYSTEMS,” “RAIR,”
“WE,” “OUR” OR “US”).
By accessing or using rairsystems.com, or any other website with an authorized link to this Agreement
(“Website”) or accessing or using any content, information, services, features or resources available
enabled via the Website (collectively, the “Services”), clicking on a button or taking another action to
signify your acceptance of this Agreement, you: (1) agree to be bound by this Agreement and any future amendments and
additions to this Agreement as published through the Services; (2) represent you are of legal age in your jurisdiction
of residence to form a binding contract; and (3) represent that you have the authority to enter into this Agreement
personally and, if applicable, on behalf of any company, organization or other legal entity on whose behalf you use
Except as otherwise provided herein, if you do not agree to be bound by this Agreement, you may not
access or use the Services.
Your use of the Services is also subject to any additional terms, conditions and policies that we separately post on
the Services (“Supplemental Terms”) which are incorporated by reference into this Agreement.
PLEASE NOTE THAT THE AGREEMENT IS SUBJECT TO CHANGE BY RAIR IN ITS SOLE DISCRETION AT ANY TIME. When changes are made,
available from within, or through, the affected Service on the Website. We will also update the “Last
with an e-mail address, we will also send an e-mail to you at the last e-mail address you provided to us. Any changes
Agreement will be effective immediately for new Users of the Website and/or Services and will be effective thirty (30)
days after posting notice of such changes on the Website for existing Users, provided that any material changes shall
be effective for Users who have previously purchased product from Rair upon the earlier of thirty (30) days after
posting notice of such changes on the Website or thirty (30) days after dispatch of an e-mail notice of such changes.
Rair may require you to provide consent to the updated Agreement in a specified manner before further use of the
Website and/ or the Services is permitted. If you do not agree to any change(s) after receiving a notice of such
change(s), you shall stop using the Website and/or the Services. Otherwise, your continued use of the Website and/or
Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT
Rair reserves the right to modify this Agreement or its policies relating to the Services at any time, effective upon
posting of an updated version of this Agreement or any applicable Supplemental Terms on the applicable Services. You
should regularly review this Agreement, as your continued use of the Services after any such changes constitutes your
agreement to such changes.
- User Content.
- Responsible Party for Content. You acknowledge that all content is the sole responsibility of the party
whom such content originated. This means that each User is entirely responsible for all content that that User
makes available through the Services (“User Content”). Rair has no obligation to pre-screen any
You use all User Content and interact with other Users at your own risk. Without limiting the foregoing, Rair
reserves the right in its sole discretion to pre-screen, refuse, or remove any content. Rair shall have the right
to remove any content that violates this Agreement or is otherwise objectionable to Rair.
- Ownership of Your Content. Rair does not claim ownership of any User Content you make available on the
(“Your Content”). However, when you as a User post or publish Your Content on or in the Services,
represent that you have all of the necessary rights to grant Rair the license set forth in Section 1.3. Except
with respect to Your Content, you agree that you have no right or title in or to any content that appears on or in
- License to Your Content. You grant Rair a right to use and display Your Content (in whole or in part) for
its own business purposes, including without limitation, to operate and improve the Services, analyze Users’ use of
the Services, and develop new products and services. Note that other Users may search for, see, use, modify and
reproduce any of Your Content that you submit to any “public” area of the Services.
- Ratings and Reviews. Ratings and reviews posted by Users on our Services are User Content that is not
by Rair and does not represent the views of Rair. Rair does not assume liability for ratings and reviews or for
any claims for economic loss resulting from such ratings and reviews. Because we expect Users to maintain a high
level of integrity with respect to ratings and reviews posted through the Services, you agree: (i) to base any
rating or review you post only on your first-hand experience with the applicable institution, business, product,
or service; (ii) you will not provide a rating or review for any institution, business, product, or service with
respect to which you have a competitive, ownership or other economic interest or employment relationship; (iii)
you will not submit a rating or review in exchange for payment or other benefits from any individual or entity;
and (iv) your review will comply with the terms of this Agreement. If we determine, in our sole discretion, that
any rating or review could diminish the integrity of the ratings and reviews, we may exclude such User Content
without notice. Other Restrictions on User Conduct. You agree not to use the Services for any purpose prohibited
by this Agreement or by applicable law. You shall not (and shall not permit any third-party to) (a) take any
action or (b) make available any content on or through the Services that: (i) infringes any patent, trademark,
trade secret, copyright, right of publicity or other right of any person or entity; (ii) is unlawful, threatening,
abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene,
or profane; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (iv) involves
commercial activities and/or sales without Rair’s prior written consent, such as contests, sweepstakes, barter,
advertising, or pyramid schemes; or (v) impersonates any person or entity, including any employee or
representative of Rair. You may not send any unsolicited e-mail message, commercial or non-commercial, to any
e-mail address you have gathered from the Services.
- Feedback. You agree that your submission of any ideas, suggestions, documents, and/or proposals to Rair
(“Feedback”) is at your own risk and that Rair has no obligations with respect to such Feedback.
represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Rair the right
to use any Feedback in any way at any time without any additional approval or compensation.
- Ownership of and License to Use the Services.
- Use of the Services. Except with respect to User Content, Rair and its suppliers own all rights, title
interest in the Services. The Services are protected by copyright and other intellectual property laws throughout
the world. Subject to this Agreement, Rair grants you a limited license to use the Services solely for your
personal non-commercial purposes. Any future release, update or other addition to the Services shall be subject to
this Agreement. Rair, its suppliers and service providers reserve all rights not granted in this Agreement.
- Trademarks. Rair’s stylized name and other related graphics, logos, trademarks, service marks and trade
used on or in connection with the Services are the property of Rair and may not be used without our written
permission in connection with any third-party products or services. Other trademarks, service marks and trade
names that may appear on or in the Services are the property of their respective owners. You will not remove,
alter or obscure any copyright notice, trademark, service mark or other proprietary rights notices incorporated in
or accompanying the Services.
- Privacy. Through your use of the Services, you consent to the collection and use of personal information,
including the transfer of this information for storage, processing, and use by us and our affiliates. Please
learn about what information we
may collect about you, what we may use that information for, and with whom we may share that information.
- Restrictions on Use of Services. The rights granted to you in this Agreement are subject to the following
restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or
otherwise commercially exploit the Services or any portion of the Services; (b) you shall not frame or use framing
techniques to enclose any trademark, service mark, logo or Services (including images, text, page layout or form) of
Rair; (c) you shall not use any metatags or other “hidden text” using Rair’s name, service marks, or
trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile,
reverse compile or reverse engineer any part of the Services except to the extent the foregoing restrictions are
expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other
processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like)
to “scrape” or download data from the Services (except that we grant the operators of public search
engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to
the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives
of such materials); (f) you shall not access the Services to build a similar or competitive website, application or
service; (g) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed,
republished, downloaded, displayed, posted or transmitted in any form or by any means; (h) you shall not remove or
destroy any copyright notices or other proprietary markings contained on or in the Services; (i) you shall not
interfere with or attempt to interfere with the proper functioning of the Services or use the Services in any way
not expressly permitted by this Agreement; and (j) you shall not attempt to harm our Services, including but not
limited to, by violating or attempting to violate any related security features, introducing viruses, worms, or
similar harmful code into the Services, or interfering or attempting to interfere with use of the Services by any
other user, host or network, including by means of overloading, “flooding,” “spamming,”
“mail bombing”, or “crashing” the Services. Any unauthorized use of the Services terminates the
licenses granted by Rair pursuant to this Agreement.
- Third Party Services. The Services may contain links to third-party websites or ads (“Third-Party
Links”). When you click on such a link, we will not warn you that you have left the Services. Rair does not
control and is not responsible for Third-Party Links. Rair provides these Third-Party Links only as a convenience
and does not review, approve, monitor, endorse, warrant, or make any representations with respect to them, or any
content, products or services accessible through such links. Your use of all Third-Party Links is at your own risk.
- Indemnification. You agree to indemnify and hold Rair, its corporate parents, subsidiaries, and affiliates,
the officers, directors, employees, agents, representatives, partners and licensors of each (collectively, the
“Rair Indemnitees”) harmless from any damages, losses, costs, liabilities and expenses (including
reasonable attorneys’ fees) relating to or arising out of any claims concerning: (a) Your Content; (b) your misuse
of the Services; (c) your violation of this Agreement; (d) your violation of any rights of another party; or (e)
your violation of any applicable laws, rules or regulations. Rair reserves the right, at its own cost, to assume the
exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will
fully cooperate with Rair in asserting any available defenses. This provision does not require you to indemnify any
of the Rair Indemnitees for any unconscionable commercial practice by such party or for such party’s negligence,
fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact. You
agree that the provisions in this section will survive any termination of this Agreement or your access to the
- Disclaimer of Warranties and Conditions. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT
BY APPLICABLE LAW, YOUR USE OF THE SERVICES AND ANY PRODUCTS OFFERED THROUGH THE SERVICES IS AT YOUR SOLE RISK, AND
THE SERVICES AND ANY PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL
FAULTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE RAIR INDEMNITEES EXPRESSLY DISCLAIM ALL WARRANTIES,
REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT ARISING
FROM THE PRODUCTS AND SERVICES.DESCRIPTIONS, IMAGES, REFERENCES, FEATURES, CONTENT, SPECIFICATIONS, PRODUCTS,
PRICES, AND AVAILABILITY OF ANY PRODUCTS ARE SUBJECT TO CHANGE WITHOUT NOTICE. OUR CURRENT PRICES CAN BE FOUND ON
THE SERVICES. WE MAKE REASONABLE EFFORTS TO ACCURATELY DISPLAY THE ATTRIBUTES OF OUR PRODUCTS, INCLUDING THE
APPLICABLE COLORS; HOWEVER, THE ACTUAL COLOR YOU SEE WILL DEPEND ON YOUR COMPUTER SYSTEM, AND WE CANNOT GUARANTEE
THAT YOUR COMPUTER WILL ACCURATELY DISPLAY SUCH COLORS. THE INCLUSION OF ANY PRODUCTS ON THE SERVICES AT A
PARTICULAR TIME DOES NOT IMPLY OR WARRANT THAT THESE PRODUCTS WILL BE AVAILABLE AT ANY TIME. STATEMENTS MADE ABOUT
PRODUCTS HAVE NOT YET BEEN EVALUATED BY THE U.S. FOOD AND DRUG ADMNISTRATION, AND THE RESULTS REPORTED, IF ANY, MAY
NOT NECESSARILY OCCUR IN ALL INDIVIDUALS. ALL PRODUCTS SHOULD BE USED STRICTLY IN ACCORDANCE WITH INSTRUCTIONS,
PRECAUTIONS OR GUIDELINES. YOU SHOULD ALWAYS CHECK PRODUCT INGREDIENTS TO AVOID ANY POTENTIAL ALLERGIC REACTION. OUR
PRODUCTS AND SERVICES ARE PROVIDED WITH THE UNDERSTANDING THAT RAIR IS NOT ENGAGED IN RENDERING MEDICAL ADVICE, AND
ARE NO SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. PLEASE CONSULT WITH YOUR PHYSICIAN OR HEALTHCARE PRACTITIONER
REGARDING THE USE OF ANY PRODUCTS OR SERVICES RECEIVED THROUGH THE SERVICES. CERTAIN STATE LAWS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS
AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
- Limitation of Liability.
- Disclaimer of Certain Damages. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE RAIR INDEMNITEES
BE LIABLE FOR ANY LOSS OF PROFITS OR REVENUE OR FOR INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR
CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF DATA, PRODUCTION, OR USE, BUSINESS INTERRUPTION OR
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT RAIR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
Disclaimer of Third Party Conduct. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE RAIR INDEMNITEES ARE NOT
LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTIES ON THE SERVICES, INCLUDING WITHOUT
ANY LIMITATION, ANY USERS OF THE SERVICES.
- Cap on Liability. UNDER NO CIRCUMSTANCES WILL THE TOTAL AGGREGATE AMOUNT THAT THE RAIR INDEMNITEES ARE
YOU EXCEED THE LESSER OF (A) THE TOTAL AMOUNT ACTUALLY PAID TO RAIR BY YOU DURING THE SIX-MONTH PERIOD PRIOR TO
THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY, (B) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE OR
REGULATION UNDER WHICH SUCH CLAIM ARISES, OR (C) ONE HUNDRED DOLLARS ($100).
- User Content and Settings. THE RAIR INDEMNITEES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION,
MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT, USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
- Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF
BARGAIN BETWEEN RAIR AND YOU.
- Exclusions. THE LAWS OF SOME STATES DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF
LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU AND
YOU MIGHT HAVE OTHER RIGHTS.
IN ADDITION, THE FOREGOING DISCLAIMER OF PUNITIVE AND EXEMPLARY DAMAGES SHALL NOT
APPLY TO USERS WHO RESIDE IN THE STATE OF NEW JERSEY.
- Termination. At its sole discretion, Rair may modify or discontinue the Services, or may modify, suspend or
terminate your access to the Services, for any reason, with or without notice to you and without liability to you or
any third party. In addition to suspending or terminating your access to the Services, Rair reserves the right to
take appropriate legal action, including without limitation pursuing civil, criminal or injunctive redress. Even
after your right to use the Services is terminated, this Agreement will remain enforceable against you and unpaid
amounts you owe to Rair for Products purchased will remain due.
- General Provisions.
- Electronic Communications. The communications between you and Rair use electronic means, whether you
Services or send Rair e-mails, or whether Rair posts notices on the Services or communicates with you via e-mail.
For contractual purposes, you (1) consent to receive communications from Rair in an electronic form; and (2) agree
that all terms and conditions, agreements, notices, disclosures, and other communications and documents that Rair
provides to you electronically will have the same legal effect that such communications or documents would have if
they were set forth in “writing.” The foregoing sentence does not affect your statutory rights.
- Assignment. This Agreement, and your rights and obligations hereunder, may not be assigned,
delegated or otherwise transferred by you without Rair’s prior written consent, and any attempted assignment,
subcontract, delegation, or transfer in violation of the foregoing will be null and void.
- Force Majeure. Rair shall not be liable for any delay or failure to perform resulting from causes outside
reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or
military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy,
labor or materials.
- Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to the
please contact our customer service department using the contact information available on the Services. We will do
our best to address your concerns.
- Exclusive Venue. To the extent the parties are permitted under this Agreement to initiate litigation in a
both you and Rair agree that all claims and disputes arising out of or relating to this Agreement that are not
brought in a small claims court will be litigated exclusively in the state courts in Wayne County, Michigan.
- Governing Law. THIS AGREEMENT AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND
LAWS OF THE STATE OF MICHIGAN, WITHOUT GIVING EFFECT TO ANY CONFLICT OF LAW OR OTHER PRINCIPLES THAT PROVIDE FOR
THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE
INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THIS AGREEMENT.
- Notice. Where Rair requires that you provide an e-mail address, you are responsible for providing Rair
most current e-mail address. In the event that the last e-mail address you provided to Rair is not valid, or for
any reason is not capable of delivering to you any notices required/ permitted by this Agreement, Rair’s dispatch
of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Rair at
the following address: Rair Systems, PO Box 43776, Detroit, MI 48243-0776. Such notice shall be deemed given when
received by Rair by letter delivered by nationally recognized overnight delivery service or first class postage
prepaid mail at the above address.
- Waiver. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be
waiver of any other provision or of such provision on any other occasion.
- Severability. If any portion of this Agreement is held invalid or unenforceable, that portion shall be
in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions
shall remain in full force and effect.
- Export Control. You may not use, export, import, or transfer the Services except as authorized by U.S.
- Consumer Complaints. You may report complaints to Rair Systems, PO Box 43776, Detroit, MI 48243-0776.
- Entire Agreement. This Agreement is the final, complete and exclusive agreement of the parties with
the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such