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Terms of Use

Last Updated: April 3, 2026

Information & Computing Services, Inc. (“RF-SMART”, “we”, “our”, “us”) is a developer and provider of software and related services, through RF-SMART and our affiliates.

These Terms of Use (“Agreement”) sets forth the legally binding terms and conditions between you and RF-SMART governing your access to and use of our website located at https://www.rfsmart.com/ and its subdomains, related websites, customer portals, and any mobile application(s), and the products, applications, services, content and other resources available on or enabled via any of the foregoing (collectively, the “Services”). These Terms govern the use of the Services only. Software, products, and services licensed, accessed, used, or purchased pursuant to a separate agreement from RF-SMART or our affiliates, such as software as a service, consulting services, hardware, and equipment, are governed by the terms of those agreements.

By clicking “Accept,” or otherwise accepting, accessing, or using the Services, or any portion thereof, you represent that: (1) you have read, understand, and agree to be legally bound by this Agreement; (2) you are of legal age to form a binding contract with RF-SMART; and (3) you have the authority to enter into this Agreement personally or on behalf of the entity you have named as the user, and to bind that entity to this Agreement. The term “you” and “your” refers to the individual or legal entity, as applicable, who accepts this Agreement or the Services as set forth above in this paragraph. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE SERVICES.

PLEASE BE AWARE THAT SECTION 12 (DISPUTE RESOLUTION) OF THIS AGREEMENT BELOW CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN YOU AND RF-SMART TO BE SUBMITTED TO BINDING ARBITRATION. UNLESS YOU OPT OUT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.

PLEASE NOTE THAT THIS AGREEMENT IS SUBJECT TO CHANGE BY RF-SMART IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, RF-SMART will make the new version of this Agreement available on-line with the Services. If we make any material changes, and you have registered with us to create an account or provided us with your information about you, we will also send an email to you at the last email address you provided to us in connection with your use of the Services. If you do not agree to any change(s) after receiving a notice of such change(s), you must stop using the Services. Otherwise, your continued use of the Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE SERVICES TO VIEW THE THEN-CURRENT

TERMS.

1. USE OF THE SERVICES. The Services, and the applications, information and content available via the Services are protected by copyright laws throughout the world. Subject to this Agreement, RF-SMART grants you a limited, personal, revocable, non-exclusive, and non-transferable license to access the Services for the sole purpose of using the Services for your personal or internal business purposes. Except for the license expressly granted to you in the preceding sentence, RF-SMART, its suppliers and service providers reserve all other rights, whether express or implied.

1.1 Updates. You acknowledge that the Services are evolving. RF-SMART may update the Services at any time, or from time to time, in its sole discretion and for any reason. You acknowledge and agree that RF-SMART may update the Services with or without notifying you. Any future release, update or other addition to the Services shall be subject to this Agreement. You may need to update third-party software and your hardware and equipment from time to time to use the Services.

1.2 Certain Restrictions. You agree not to: (1) license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Services or any portion thereof; (2) frame or utilize framing techniques to enclose any RF-SMART’s Marks (as defined below) or other parts of the Services; (3) use any metatags or other “hidden text” using RF-SMART’s name or Marks; (4) 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; (5) use any manual or automated software, devices or other processes (including spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from our Services; (6) except as expressly stated herein, copy, republish, download, display, post or transmit any portion of the Services in any form or by any means; (7) remove or destroy any copyright notices or other proprietary markings contained on or in the Services; (8) use the Services for the benefit of any unauthorized third party, for any purpose that is prohibited by this Agreement, nor in a manner inconsistent with applicable law; (9) take any action or make available any Content (as defined below) on or through the Services that: (a) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (b) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (c) constitutes unauthorized or unsolicited advertising, junk or bulk email; (d) involves commercial activities and/or sales, such as contests, sweepstakes, barter, advertising, or pyramid schemes without our prior written consent; (e) impersonates any person or entity; (f) interferes with or attempts to interfere with the proper functioning of the Services; or (g) attempts to engage in or engage in, any potentially harmful acts that are directed against the Services; (10) access or use the Services to build a similar or competitive product or service; (11) access the Services improperly, or allow any third party to access the Services or any portion thereof, except as expressly allowed herein; or (12) make the Services or any of Content available or accessible to, or use them with, whether for internal or external use, any automated processes, tools, applications, software or other applications that conduct learning, interpretation, data gathering, mining, or extraction, or that may combine or use information or data, including artificial intelligence, machine learning, train learning, large language models, text and language generators, natural language processing tools, artificial intelligence bots, chatbots, or any comparable models. RF-SMART reserves the right (in addition to any other rights or remedies RF-SMART may have) to suspend, limit or terminate your access to the Services for any reason whatsoever, including in the event of a breach, or suspected breach (as determined by RF-SMART in its reasonable discretion) of this Section 1.2.

2. REGISTRATION. In order to access the Services or use portions of the Services, you may be required to become a Registered User or to provide us with information about you, such as contact information for us to communicate with you. For purposes of this Agreement, a “Registered User” is a user who has registered an account via the Services or submitted information for us to contact or communicate with you (“Account”). Upon creating an Account or becoming a Registered User, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the registration form. You are responsible for all activities that occur under your Account. You may not share your Account or password with anyone, and you agree to notify RF-SMART immediately of any unauthorized use of your password or any other breach of security. If you provide any information that is untrue, inaccurate, not current or incomplete, RF-SMART has the right to suspend or terminate your Account and refuse any and all current or future use of the Services (or any portion thereof). You agree not to create an Account or use the Services if you have been previously removed or banned by RF-SMART.

3. RESPONSIBILITY FOR CONTENT.

3.1 Types of Content. Subject to Section 3.2 below, you acknowledge that all content, data, and information (“Content”) on or within the Services is the sole responsibility of the party from whom such Content originated or was provided. You, and not RF-SMART, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Services (“Your Content”), and that you and other Registered Users of the Services, and not RF-SMART, are similarly responsible for all Content that you and they make available through the Services (“User Content”).

3.2 No Obligation to Pre-Screen Content. You acknowledge that RF-SMART has no obligation to monitor or pre-screen Content (including Your Content and User Content), although RF-SMART reserves the right in its sole discretion to monitor, pre-screen, refuse or remove any Content (including Your Content and User Content). You hereby grant RF-SMART your irrevocable consent to such monitoring. In the event that RF-SMART monitors, pre-screens, refuses or removes any Content, you acknowledge that RF-SMART will do so for RF-SMART’s benefit, not yours. Without limiting the foregoing, RF-SMART shall have the right to remove any Content that violates this Agreement or is otherwise objectionable.

4. INTELLECTUAL PROPERTY.

4.1 Ownership. Except with respect to Your Content and User Content, you agree that RF-SMART and its affiliates and suppliers own all rights, title and interest in and to the Services and all Content, including all trademarks, service marks, trade dress, trade names, graphics, logos, and indicia (“Marks”) of RF-SMART and its affiliates. The Marks may not be used by You without permission for any reason, including in connection with your, or any third-party, products or services. Other Marks that may appear on or in the Services are the property of their respective owners, including the Third-Party Services.

4.2 License to Your Content. RF-SMART does not claim ownership of Your Content. You hereby grant (and you represent and warrant that you have the right to grant) RF-SMART a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive and fully sublicensable and transferrable right (including any moral rights) and license to use, license, copy, distribute, publish, reproduce, modify, adapt, publicly perform, create derivative works of, and publicly display Your Content (in whole or in part) for any purposes, including: (1) operating, providing and improving the Services for you and our other Registered Users; and (2) creating aggregated data from Your Content (“Aggregated Data”) and use such Aggregated Data for any lawful business purpose, including commercial purposes. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, and not RF-SMART, are responsible for all of Your Content that you upload, transmit, provide or otherwise make available on or in the Services.

4.3 Feedback. You agree that the submission of any ideas, suggestions, and/or feedback to RF-SMART (“Feedback”) is at your own risk, without any obligations or restrictions, including without any confidentiality, and that we have no obligations with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby irrevocably and forever assign and transfer to RF-SMART all rights, title, and interest in and to all Feedback and its contents and all patent, copyright, trademark, service mark, trade secret, and other intellectual property rights therein, world-wide and without any restrictions.

5. CONFIDENTIALITY. During your access to the Services, we may disclose to you our or a third-party’s confidential and/or proprietary materials and information, including with respect to our or a third party’s software, hardware and services, pricing, contract terms and conditions, and potential transactions (“Confidential Information”). All materials and information disclosed by RF-SMART through the Services that is identified at the time of disclosure as confidential, and all other information that is not identified or marked as confidential but that you reasonably know or should have known was confidential, such as by the nature of its contents or the circumstances of its disclosure, shall be Confidential Information subject to the terms and conditions of this Agreement. You will not, except as required by law or court order, use any Confidential Information for any purpose whatsoever or disclose the Confidential Information to anyone. If you are an entity, you may disclose the Confidential Information only to those of your employees who need to know such information and who, prior to such disclosure, are made aware of the confidential nature of the Confidential Information and caused to execute, or are already legally bound by, an agreement containing terms and conditions at least as restrictive as those set forth in this Agreement. In any event, you shall be responsible for any breach of the terms and conditions of this Agreement by any of your employees or any person you disclose Confidential Information. You shall maintain all Confidential Information in strict confidence. The obligations in this Section 5 will not apply to any information that you can demonstrate: (1) is in or comes into the public domain without breach of this Agreement by you; (2) was in your possession prior to receipt from RF-SMART and was not acquired under an obligation of confidentiality or non-use; (3) is acquired by you from a third party not under an obligation of confidentiality or non-use to RF-SMART; or (4) is independently developed by you without using or referencing any Confidential Information as demonstrated by contemporaneous, written records. You may disclose Confidential Information as required by law or court order; provided that you provide us with prompt written notice thereof and use best efforts to limit disclosure. At any time, upon our request, you will return to us all Confidential Information in your possession, including all copies and extracts thereof.

6. PRIVACY, DATA COLLECTION AND USE. Your access to and use of the Services is also subject to our Privacy Notice, available at PRIVACY NOTICE (the “Privacy Notice”). The Privacy Notice describes how RF-SMART collects, uses, discloses, and otherwise processes personal information in connection with the Services. By accessing or using the Services, you acknowledge that you have reviewed the Privacy Notice, consent to RF-SMART’s collection, use, and sharing of data and information collected about you, and the practices and activities set forth in the Privacy Notice.

7. YOUR CONSENT TO OUR USE OF COOKIES AND OTHER TRACKING TECHNOLOGIES. When you interact with our Services or our email communications (such as our newsletters, updates, marketing or other promotional materials, event invitations or other email correspondence), we and third party providers of tracking technologies may collect data and information about you and your interactions with the Services. Such collected data may include, for example, information that identifies, relates, or describes, or could reasonably be used to identify, associate, or link, directly or indirectly, you or other information about you and your use of the Services. Cookies are small data files that websites send to your computer or device to uniquely identify your browser or to store information or settings in your browser. We also may use cookie, pixel, and tracking technologies to: (1) collect information available from or about your access or use of the Services, including to identify you and other information about you, directly or indirectly, including through the use of third-party services; (2) analyze the usage of our Services (e.g., count the number of unique visitors and their interactions with our Services), to provide functionality, analytics, and to improve the Services; (3) enhance and customize your experience (e.g., storing information about you so you can log in easily or keeping you logged in to the Services); (4) serve you tailored advertising content, including advertising content on third-party sites, and to support marketing and advertising activities; and (5) collect, use, disclose and share with third parties information and data about and relating to the content, videos, and recordings you download or view, searches you request or conduct, and any data, information, queries, and content you provide to or in connection with the Services, or that is learned from your visit and navigation of the Services. YOU HEREBY CONSENT TO THE PRACTICES AND ACTIVITIES SET FORTH IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT, TO THE PRIVACY NOTICE, AND TO OUR COLLECTION, USE, DISCLOSURE, AND SHARING OF ANY AND ALL DATA AND INFORMATION WITH THIRD PARTIES.

8. INDEMNIFICATION. You agree to indemnify, defend, and hold harmless RF-SMART, its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, representatives, and licensors (collectively, the “RF-SMART Parties”) from and against any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of any and all of the following: (1) Your Content; (2) your use of, or inability to use, the Services; (3) your violation or breach of this Agreement; or (4) your violation of any applicable laws, rules or regulations. However, RF-SMART 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 RF-SMART in asserting any available defenses. This provision does not require you to indemnify any of the RF-SMART Parties for such party’s fraud or willful misconduct. The provisions in this Section will survive any termination of this Agreement and/or your access to the Services.

9. DISCLAIMER OF WARRANTIES AND CONDITIONS.

9.1 GENERAL. THIS IS AN AGREEMENT FOR SERVICES AND NOT FOR THE SALE OF GOODS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITH ALL FAULTS. THE RF-SMART PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE SERVICES. RF-SMART PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR THE RESULTS THAT MAY BE OBTAINED WILL BE ACCURATE OR RELIABLE. ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS COMPANY WEBSITES OR MOBILE APPLICATIONS, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.

9.2 THIRD PARTY CONDUCT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT RF-SMART PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD RF-SMART PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. RF-SMART MAKES NO WARRANTY REGARDING THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY USER CONTENT OBTAINED THROUGH THE SERVICES.

10. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL THE RF-SMART PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS, GOODWILL, INJURY TO PERSONAL OR BUSINESS REPUTATION, LOST BUSINESS, LOSS OF PRODUCTION OR USE, COSTS OF PROCUREMENT OF SUBSTITUTE SERVICES, OR LOSS OF DATA OR CONTENT, IN EACH CASE WHETHER OR NOT ANY OF THE RF-SMART PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ON ANY THEORY OF LIABILITY, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE RF-SMART PARTIES BE LIABLE TO YOU, IN THE AGGREGATE, FOR AN AMOUNT WHICH IS THE GREATER OF: (1) $100; OR (2) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE OR LAW UNDER WHICH SUCH CLAIM ARISES. THE LIMITATIONS OF LIABILITY AND DAMAGES SET FORTH IN THIS SECTION ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN RF-SMART AND YOU. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

11. TERM AND TERMINATION.

11.1 Term. This Agreement commences on the earlier to occur of (1) the date you first use the Services, or (2) the date when you accept the Services (as described in the preamble above) and remain in full force and effect while you use the Services, unless terminated earlier in accordance with this Agreement.

11.2 Termination of Services by RF-SMART. If you have materially breached any provision of this Agreement, or if RF-SMART is required to do so by law (e.g., where the provision of the Services is, or becomes, unlawful), RF-SMART has the right to, immediately and without notice, suspend or terminate any Services provided to you. You agree that all terminations for cause shall be made in RF-SMART’s sole discretion and that RF-SMART shall not be liable to you or any third party for any termination of your Account. RF-SMART shall have the right to terminate, disable, or cease providing the Services, in whole or in part, at any time and for any reason whatsoever.

11.3 Termination of Services by You. If you want to terminate the Services provided by RF-SMART, you may do so by (1) notifying us at any time, and (2) closing your Account.

11.4 Effect of Termination. Termination of the Services includes removal of access to, and barring of further use of, the Services, and the deletion of your password and your Account. RF-SMART will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of this Agreement which by their nature should survive, shall survive termination of Services, including ownership provisions, warranty disclaimers, indemnification, confidentiality, dispute resolution, and limitation of liability.

12. GOVERNING LAW AND VENUE. This Agreement and any action or dispute arising out of or related thereto or to the Services will be governed and interpreted by and under the laws of the State of Florida, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. The parties agree that this Agreement shall not be governed by the Uniform Computer Information Transactions Act (UCITA) should UCITA or any similar legislation be in force or later enacted in any jurisdiction governing this Agreement. To the extent the parties are permitted to initiate litigation in a court, you hereby expressly consent to the personal jurisdiction and venue in the state and federal courts of the State of Florida for any lawsuit filed there against you by RF-SMART arising from or related to this Agreement or the Services.

13. DISPUTE RESOLUTION. Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with RF-SMART and limits the manner in which you can seek relief from us.

13.1 Applicability of Arbitration Agreement. You agree that any dispute, claim, or request for relief arising out of or relating in any way to this Agreement, its negotiation, execution, formation, performance, or breach, or to your access or use of the Services, or to any aspect of your relationship with RF-SMART, will be resolved by binding arbitration, rather than in court, except that you or RF-SMART may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all disputes or claims and requests for relief that arose or were asserted before the effective date of this Agreement or any prior version of this Agreement.

13.2 Arbitration Rules and Forum. You and RF-SMART hereby stipulate that this Agreement and the Services involve and impact interstate commerce. In the event of any dispute or claim arising out of or relating to this Agreement or the Services, such disputes and claims shall be resolved EXCLUSIVELY BY BINDING ARBITRATION IN DUVAL COUNTY, JACKSONVILLE, FLORIDA, UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION, which arbitration shall be governed by and enforceable under the Federal Arbitration Act (9 U.S.C. §§ 1-16), and judgment on the award may be entered by any court having jurisdiction thereof. All arbitration proceedings shall be maintained in strict confidence.

13.3 Authority of Arbitrator. The arbitrator shall have exclusive authority to: (1) determine the scope and enforceability of this Arbitration Agreement; and (2) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any assertion that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and RF-SMART. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and this Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us. The parties’ mutual promises contained herein, including to arbitrate certain disagreements, rather than litigate them before courts or other bodies, provide consideration for each other for this entire clause. In any dispute arising out of or relating to this Agreement or the Services, each party shall be responsible for its own attorneys’ fees, costs, and expenses.

13.4 Waiver of Jury Trial. YOU AND RF-SMART HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. YOU AND RF-SMART ARE INSTEAD ELECTING THAT ALL DISPUTES, CLAIMS, OR REQUESTS FOR RELIEF SHALL BE RESOLVED BY ARBITRATION UNDER THIS ARBITRATION AGREEMENT, EXCEPT AS SPECIFIED IN SECTION 13.1 (APPLICATION OF ARBITRATION AGREEMENT) ABOVE. AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT AND MUST FOLLOW THIS AGREEMENT AS A COURT WOULD. HOWEVER, THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS SUBJECT TO VERY LIMITED REVIEW.

13.5 Waiver of Class or Other Non-Individualized Relief. ALL DISPUTES, CLAIMS, AND REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE INDIVIDUAL OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER INDIVIDUAL OR USER. IF A DECISION IS ISSUED STATING THAT APPLICABLE LAW PRECLUDES ENFORCEMENT OF ANY OF THIS SECTION’S LIMITATIONS AS TO A GIVEN DISPUTE, CLAIM, OR REQUEST FOR RELIEF, THEN SUCH ASPECT MUST BE SEVERED FROM THE ARBITRATION AND BROUGHT INTO THE STATE OR FEDERAL COURTS LOCATED IN JACKSONVILLE, DUVAL COUNTY, FLORIDA. ALL OTHER DISPUTES, CLAIMS, OR REQUESTS FOR RELIEF SHALL BE ARBITRATED.

13.6 General. Except as provided in Section 13.5 (Waiver of Class or Other Non-Individualized Relief), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. This Arbitration Agreement will survive the termination of your relationship with RF-SMART.

14. THIRD-PARTY SERVICES. The Services may contain links to third-party companies, websites, applications, platforms, integrations and advertisements for third parties (collectively, “Third-Party Services”). Such Third-Party Services are not under the control of, and are not the responsibility of, RF-SMART. We partner with and provide these Third-Party Services only as a convenience and do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Services. You use Third-Party Services at your own risk. When you leave our Services, this Agreement and our policies no longer govern. You should review applicable terms and policies, including our Privacy Notice and the applicable notices of any Third-Party Services, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

15. COOPERATION WITH LAW ENFORCEMENT. We reserve the right to fully cooperate with any law enforcement or duly authorized regulatory authorities or court order requesting or directing us to disclose any content, data, information, the identity of anyone posting content or using the Services or publishing or otherwise making available any materials that are believed to violate this Agreement. BY ACCEPTING THIS AGREEMENT, YOU WAIVE, RELEASE AND HOLD THE RF-SMART PARTIES HARMLESS FROM AND AGAINST ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY OPERATOR DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER RF-SMART OR LAW ENFORCEMENT OR DULY AUTHORIZED REGULATORY AUTHORITIES.

16. GENERAL PROVISIONS.

16.1 Assignment. This Agreement, and your rights and obligations hereunder are personal to you, may not be assigned, subcontracted, delegated or otherwise transferred by you, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing shall be void, and of no force or effect.

16.2 Force Majeure. RF-SMART shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, epidemics/pandemics, government shutdowns or actions, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

16.3 Notice. Where we require that you provide an email address, you are responsible for providing us with a valid and current email address, and we will use that email address to send you notices under this Agreement and in connection with the Services. Notice sent to you via email shall be deemed delivered when sent. You are responsible for maintaining and providing us with your current email address for such purposes. When this Agreement requires you to provide RF-SMART with notice, such notice must be delivered to us using a reputable overnight courier with proof of delivery at the following address: Information & Computing Services, Inc., Attention: Legal, 3563 Philips Highway, Suite F-601, Jacksonville, Florida 32207. Such notice shall be deemed given when actually received by RF-SMART. You acknowledge and agree that your delivery of any communications or notices to RF-SMART using any manner other than as expressly set forth in this Section, including via email, shall constitute an informal communication and shall not constitute legal notice under this Agreement for any purposes.

16.4 Waiver and Severability. A party’s waiver of a breach of this Agreement or a party’s failure to exercise any right under this Agreement shall only be effective if in writing. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. However, if any provision of this Agreement or the application of any provision to any party or circumstance shall be prohibited by or invalid under applicable law, such provision shall be reduced to such scope as is reasonable and enforceable if possible. Otherwise, such provision shall be severed from this Agreement and ineffective to the extent of such prohibition or invalidity without it invalidating the remainder of the provisions of this Agreement or the application of the provision to the other parties or other circumstances.

16.5 Interpretation. The parties acknowledge and agree that titles and headings for particular paragraphs, sections and subsections of this Agreement have been inserted solely for reference purposes. As a result, section and paragraph headings, titles or captions should not be used to interpret or construe the terms of this Agreement. Each use of the term “shall” or “will” indicates a compulsory obligation. The parties intend the use of the term “and/or” in an ordered list to make the items in the ordered list both several and inclusive of each other, as the context requires. The use in this Agreement of the words “include” and “including” means “including, without limitation.” Where specific language is used to clarify by example a general statement contained in this Agreement, such specific language will not be deemed to limit, modify or restrict in any manner the construction of the general statement to which it relates. The use in this Agreement of the singular form of a definition or term also will denote the plural forms of such definition or term, and vice-versa, as in each case the context may require. This Agreement has been prepared in the English language only, which governs this Agreement and controls the construction and interpretation of this Agreement. RF-SMART is an independent contractor, and each party agrees that no partnership, joint venture, or agency relationship exists between the parties. There are no third-party beneficiaries to this Agreement, whether express or intended.

16.6 Entire Agreement. This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

17. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) PROCEDURE

17.1 DMCA Complaints. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under United States Copyright Law. If you believe in good faith that a submission infringes your copyright, you (or your agent) may send RF-SMART a notice requesting that the submission be removed from the Services, or access to it be blocked. To be effective under the DMCA, any notification of claimed infringement must be in a written communication that includes substantially the following and must include a certification made under penalty of perjury: 

•  A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, as well as information sufficient for RF-SMART to determine the legitimacy of the signature and the identity of the signatory;

• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site, including citation to the application copyright registrations where available;

• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit RF-SMART to locate the material, including a timestamp and visible identification of the material in a screenshot or comparable medium, with all metadata intact;

• Information reasonably sufficient to permit RF-SMART to contact the complaining party, including an email address, telephone number, and, if available, physical mail address;

• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

DMCA Complaints must meet the then current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. DMCA Complaints concerning materials on the Services should be sent to RF-SMART’s Designated Agent to receive notification:

Information & Computing Services, Inc.
Attn: Legal / DMCA Complaint
3563 Philips Highway, Suite F-601
Jacksonville, Florida 32207

Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that material on the Services is infringing the copyrights of others. If you are uncertain whether material on the Services is infringing, we recommend seeking advice of an attorney.

17.2 DMCA Counter Notification. If we remove or disable access to content in response to a DMCA Complaint, we will make reasonable attempts to contact the owner of the removed or disabled content, or the owner’s agent. If we removed your material pursuant to another person’s DMCA Complaint and you contend that such material does not infringe upon another’s copyright rights, you may provide us with a counter-notification containing the following details which includes a certification made under penalty of perjury:

• Your physical or electronic signature, as well as information sufficient for us to determine the legitimacy of the signature and the identity of the signatory;

• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

• A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and

• Your name, address, and telephone number, and a statement that you consent to the exclusive jurisdiction of any state or federal court located in Duval County, Florida, and that you will accept service of process from the person who provided notification under the DMCA or an agent of such person.

You must send this notification to the following address:

Information & Computing Services, Inc.
Attn: Legal / DMCA Complaint
3563 Philips Highway, Suite F-601
Jacksonville, Florida 32207

In addition to the foregoing, the DMCA Counter Notification should contain all of the necessary information required by the DMCA, which can be found at http://www.copyright.gov/. Please note, however, that this is not a substitute for legal advice and you should obtain legal advice to better understand your rights and obligations under the DMCA and applicable laws.

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