RTiQ TERMS OF SERVICE
- Use of the Service. Dealers may register an account with RTI and access their account through RTI’s web service portal. Through use of the Service, Dealers and Dealers’ Customers consent to automatic software updates of the Service and of those products connected to the Service.
- Proprietary Rights. RTI owns all right, title and interest in the Service, including all copyrights, trademarks, patents and trade secrets. RTI has the sole right and option to register its patents, copyrights and trademarks in such jurisdictions in which it determines in its sole discretion that registration is necessary or useful, and to determine whether or not to enforce or defend its rights with respect to any such intellectual property in any jurisdiction. Neither Dealers nor Dealers’ Customers may: (a) reproduce, display, download, modify, create derivative works of or distribute the Service, (b) attempt to reverse engineer, decompile, disassemble or access the source code for the Service or any component thereof; (c) use the Service, or any component thereof, in the operation of a service bureau other than as provided in the Dealer Agreement; or (d) access the Service via any means other than through a registered account on the web portal.
- Data Privacy. All information collected by the Service is governed by RTI’s Privacy Notice.
- Warranty and Warranty Disclaimer. RTI provides the Service on an “AS IS” basis. Dealers and Dealers’ Customers will access the Service over the Internet; RTI is not responsible for any interruption in services or unavailability of the Service resulting from internet failures or Dealers’ or Dealers’ Customers’ inability to access the Internet. ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, ARE EXPRESSLY DISCLAIMED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. RTI DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
- Limitation of Liability. IN NO EVENT IS RTI LIABLE TO DEALER, DEALERS’ CUSTOMERS OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR CONTINGENT DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICE, WITH THE DELAY OR INABILITY TO USE THE SERVICE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF RTI OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF DEALERS OR DEALERS’ CUSTOMERS ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS, DEALERS’ AND DEALERS’ CUSTOMERS’ SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. FURTHER, RTI IS NOT LIABLE TO DEALERS’ CUSTOMERS OR ANY THIRD-PARTY FOR DAMAGES ARISING OUT OT DEALERS’ ACTIONS OR BREACHES OF DEALERS’ CONTRACTS WITH DEALERS’ CUSTOMERS. IN NO EVENT WILL RTI’S TOTAL LIABILITY EXCEED THE PORTION OF FEES PAID BY DEALERS OR DEALERS’ CUSTOMERS TO RTIQ IN THE PRIOR 12 MONTH PERIOD.
- Indemnification. Dealers and Dealers’ Customers agree to indemnify, defend, and hold harmless RTI, its officers, directors, employees, agents, and third-parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of Dealers’ or Dealers’ Customers’ use of or inability to use the Service, any claim, Dealers’ or Dealers’ Customers’ violation of these Terms, Dealers’ violation of an agreement with Dealers’ Customers, Dealers’ or Dealers’ Customers’ violation of any rights of a third-party or Dealers’ or Dealers’ Customers’ violation of any applicable laws, rules, or regulations. We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification.