These terms and conditions (“Terms and Conditions”) govern your use of www.RCMSGroup.com [1]  (this “Site”) which is provided by Ridgway’s, LLC dba RCMS Group (“RCMS Group”, “we” or “our”), an affiliate of American Reprographics Company.  

BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. We may modify these Terms and Conditions from time to time, without prior notice, by posting changes on this Site. By using this Site following any such changes to the Terms and Conditions, you agree to be bound by those changes.

Your Materials

You may be able to participate in forums or moderated discussions, or post comments on a blog of bulletin board, on the Site (collectively, “Forums”).  If you post, upload or otherwise provide any information or materials (“Your Materials”) to this Site, including through any Forums, you:

• Represent, warrant and agree that Your Materials:
• are original to you, and no other party has any rights to them;
• are not threatening, harassing, profane, tortious, defamatory, vulgar, obscene, deceptive, fraudulent, invasive of another's privacy or publicity rights, or infringing of any intellectual property right;
• do not violate any laws, regulations or securities exchange requirements;
• do not contain a virus, worm or other harmful component; and
• do not contain any advertising.
• Grant RCMS Group and its affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, nonexclusive, sub-licensable and freely transferable right and license, for all formats and media, whether now known or hereafter devised or discovered, to use, reproduce, modify, edit, adapt, publish, translate, create derivative works of, distribute, perform, publish and display (in each case, in whole or in part) Your Materials, including without limitation any ideas, concepts, methods, systems, designs, plans, techniques or other similar information included therein, and/or to incorporate them in other works.
• Acknowledge that Your Materials will not be treated as confidential or proprietary.
• Acknowledge that we have no obligation to monitor posts to the Site or any Forums or to exercise any editorial control over such posts or Forums but that we have the right to review  and remove any material (including Your Materials) that, in our judgment, is not appropriate .
• Agree that we may monitor your access and use of the Site without notification to you.
• You agree to indemnify, defend and hold harmless RCMS Group and its affiliates, and the directors, officers, employees and agents of the foregoing, from and against any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising from or relating to Your Materials or your use of this Site.

Your Conduct

You may not:

• Use this site in an unlawful manner or to promote unlawful conduct or in a manner likely to give rise to civil liability, including uploading, posting or otherwise transmitting any content which violates, misappropriates, or infringes, in any way, upon the rights of others, in any manner which is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, or which encourages conduct that would constitute a criminal offense, or otherwise violate any law. RCMS Group may disclose, in its sole discretion, content or registration information in order to cooperate with any law enforcement authorities or court order;
• Upload, post, or otherwise transmit any material which contains software viruses, harmful materials, or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including, but not limited to, the Site;
• Interfere with or disrupt the Siteor servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site or associatedwith the the Site;
• Harass or disparage any person or entity, including, but not limited to, RCMS Group and its affiliates;
• Impersonate, or misrepresent your affiliation with, any other person or entity;
• Engage in spamming or “flooding”;
• “Scrape” or use any other automated means to extract data or other information from this Site;
• Frame this Site; or
• Attempt to gain unauthorized access to other computer systems through this Site.

Without limitation of our other rights and remedies hereunder, we reserve the right to suspend or terminate your use of this Site at any time in our sole discretion.

Your Privacy

While using this Site, you may provide us with certain information about yourself. Our Privacy Policy governs our collection or use of any such information and is available on the Site’s home page.

Proprietary Rights

As between you and RCMS Group, RCMS Group (or its affiliates, licensors, advertisers or vendors) is the owner of this Site and any trademark, service mark, content or other materials thereon, unless otherwise indicated.

Any commercial use of this Site is strictly prohibited, except as may be expressly provided herein or to the extent that we otherwise approve.

You may not download or save a copy of any of the content or screens for any purpose, except as otherwise provided in these Terms and Conditions. You may, however, print one copy of the information on this Site solely for your personal use or records. If you make other use of this Site, except as permitted herein, you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws, and may be subject to liability for such unauthorized use. No license or other authorization is granted to any user of trademarks, service marks, copyrighted material or any other intellectual property of RCMS or its affiliates by including them on this Site.

Links

You acknowledge that we have no responsibility for information or materials provided by third party web sites to which you may link from this Site (“Linked Sites”). Such links are provided as a convenience to you and do not constitute an endorsement by, or imply any association with, RCMS Group of such sites or the content, products, services, advertising or other materials presented on such sites. RCMS Group does not author, edit, monitor or control Linked Sites. Your use of any Linked Site is on your own initiative and at your own risk and may be subject to the Linked Sites terms of use and privacy policy.  You agree that RCMS Group is not responsible or liable, directly or indirectly, for any damage or loss in connection with use of any Linked Sites.

Agent for Notice of Claimed InfringementWe respect the intellectual property rights of others and require that the people who use this Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the contact person  named below (our agent for notice of claimed infringement):

• your address, telephone number and/or email address;
• a description of the copyrighted work that you claim has been infringed;
• a description of the claimed infringing material and information sufficient to allow us to locate the claimed infringing material ;
• a statement by you that you have a good faith belief that the disputed use is not authorized by  the copyright owner, its agent, or by law;
• an electronic or physical signature of the copyright owner or a person authorized to act on behalf of the copyright owner; and
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf to enforce the copyrights that are claimed to be infringed.

RCMS Group

2001 Westside Parkway, Suite 100

Alpharetta, GA 30004

Agent’s Name/Email Address: PrivacyManager@RCMSGroup.com [2]

You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing material posted on the Site and we will investigate those complaints.  If we believe, in good faith, that the posted material violates any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed.

DEFAMATION; COMMUNICATIONS DECENCY ACT NOTICE

The Site is a provider of “interactive computer services” under the Communications Decency Act, 47 U.S.C. Section 230, and as such, our liability for defamation and other claims arising out of any postings to the Site by third parties is limited as described therein.  We are not responsible for content or any other information posted to the Site by third parties.  We neither warrant the accuracy of such postings nor exercise any editorial control of content posted by third parties or liability in connection with such postings, including any responsibility or liability for investigating or verifying the accuracy of any content or any other information contained in such postings.

CALIFORNIA CIVIL CODE SECTION 1789.3 COMPLIANCE

Californians have rights to the following information pursuant to California Civil Code Section 1789.3 and California Business and Professions Code Section 17538.  RCMS Group is located at 2001 Westside Parkway, Suite 100, Alpharetta, Georgia 30004.  Currently there are no charges to the consumer for use of the Site, other than the cost of any products or services purchased through the Site and any applicable taxes and other charges associated with such purchases.  RCMS Group reserves the right to change its pricing.  Please feel free to contact us to resolve issues regarding any aspect of our service by writing to the address specified above in this section or emailing us at Info@RCMSGroup.com [3].  The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in  California may be contacted in writing at 400 R. Street, Suite 3090, Sacramento, California or by calling 1-800-952-5210.

DISCLAIMER OF WARRANTIES

THE SITE, INCLUDING, WITHOUT LIMITATION, ALL PRODUCTS, SERVICES AND CONTENT AVAILABLE ON OR THROUGH THE SITE, IS PROVIDED “AS IS,” WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND.  WE SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SITE OR PRODUCTS, SERVICES AND/OR CONTENT ACQUIRED FROM THE SITE, INCLUDING, BUT NOT LIMITED TO:

• ANY WARRANTIES WITH RESPECT TO INFORMATION, DATA OR UNINTERRUPTED ACCESS;
• ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS OR COMPLETENESS OF ANY CONTENT; AND
• ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

RCMS GROUP DOES NOT WARRANT THAT THE SITE, INCLUDING, WITHOUT LIMITATION, ALL PRODUCTS, SERVICES AND CONTENT AVAILABLE ON OR THROUGH THE SITE, (A) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (B)  WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE OR WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (D) THAT DEFECTS WILL BE CORRECTED. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.  NO PURCHASE OR USE OF ANY PRODUCTS OR SERVICES OFFERED BY THE SITE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

LIMITATION OF LIABILITY

IN NO EVENT SHALL RCMS GROUP OR ITS AFFILIATES, OR ANY OF THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS OR CONTENT OR SERVICE PROVIDERS OF THE FOREGOING, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR ANY PRODUCTS, SERVICES AND CONTENTAVAILABLE ON OR THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, REVENUE,  PROFITS, USE OR OTHER ECONOMIC ADVANTAGE , EVEN IF RCMS GROUP OR SUCH OTHER PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN PERSONS.

IN NO EVENT SHALL RCMS GROUP OR ITS AFFILIATES, OR ANY OF THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OF THE FOREGOING BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THIS SITE.

IN NO EVENT SHALL THE TOTAL LIABILITY OF RCMS GROUP OR ITS AFFILIATES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, ANY FEE YOU MAY PAY TO RCMS GROUP FOR YOUR ACCESS TO OR USE OF THIS SITE.

Miscellaneous

These Terms and Conditions and the relationship between you and RCMS Group shall be governed by the laws of the State of Georgia in the United States of America, without regard to its conflict of law provisions. You and RCMS Group each agree to submit to the personal and exclusive jurisdiction of the courts located in the State of Georgia in the United States of America with respect to any cause of action that may arise in connection with this Site or these Terms and Conditions.

The failure by you or RCMS Group to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the remaining provisions hereof shall not be affected and shall continue in effect, and the invalid provision shall be deemed modified to the least degree necessary to remedy such invalidity.

The Site is intended for use only from within the United States.  We do not represent that this Site is appropriate for use in other jurisdictions.  Access to the Site from locations where its contents are illegal is not authorized.

This Site is operated by:

Ridgway’s, LLC dba RCMS Group

2001 Westside Parkway, Suite 100

Alpharetta, GA 30004

Info@RCMSGroup.com [3]