Terms of Service

Last updated: October 28, 2011

Definitions

Rsam.com and the Rsam Customer Community (collectively, the “Website”) is owned and operated by Relational Security Corporation d/b/a Rsam.

The terms “Relational Security Corporation”, “Rsam”, “we”, “us”, “our” and “ours” when used in these Terms of Service means Relational Security Corporation which includes all its parents, subsidiaries, divisions, branches, affiliates or companies under common ownership or control of Relational Security Corporation.

The terms “you”, “your” and “yours” when used in these Terms of Service means any user of this Website.

Agreement

Access to and use of this Website and the information, materials, products and services available through this Website are subject to all applicable laws and regulations and to these Terms of Service.

By accessing this Website, you agree to these Terms of Service which form a legally binding agreement. If you do not agree, please exit this Website.

These Terms of Service may be changed by us from time to time without specific notice to you. The latest Terms of Service will be posted on the Website, and you should always review these Terms of Service prior to using the Website to ensure that you have a current understanding of the Terms of Service under which you are permitted to access this Website. If you cannot access the Terms of Service via the Internet, we can provide a copy of the most recent Terms of Service by e-mail upon request.

ACCESS TO THIS WEBSITE (OR PORTIONS THEREOF) AND THE USE OF INFORMATION, MATERIALS, PRODUCTS OR SERVICES PROVIDED THROUGH THIS WEBSITE (OR PORTIONS THEREOF), IS NOT INTENDED, AND IS PROHIBITED, WHERE SUCH ACCESS OR USE VIOLATES APPLICABLE LAWS OR REGULATIONS.

Product & Services Information

All references on this Website to information, materials, products and services apply to information, materials, products and services available in the countries or jurisdictions specified with respect to such information only, unless otherwise stated. Nothing in this Website constitutes an offer to buy or sell our products or services in any jurisdiction. This Website is for information purposes only.

Ownership

Unless otherwise indicated, this Website and its design, text, content, selection and arrangement of elements, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to this Website are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights and are the property of Rsam or the material is included with the permission of the rights owner and is protected pursuant to copyright and trademark laws. ALL RIGHTS RESERVED.

The posting of any such elements on this Website does not constitute a waiver of any right in such elements. You do not acquire ownership rights to any such elements viewed through this Website. Except as otherwise provided herein, none of the these elements may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.

Permission is hereby granted to the extent necessary to lawfully access and use this Website and/or information, materials, products and/or services available on it to display, download, archive and print in hard copy, portions of this Website for personal use only, provided you do not modify the materials and that you retain any and all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these Terms of Service. Upon termination, you must immediately destroy any downloaded, archived or printed materials.

Rsam Trademarks

The trademarks, logos, and service marks (collectively “Trademarks”) appearing on the Website are the property of Rsam and other parties. Nothing contained on the Website should be construed as granting any license or right to use any Trademark without the prior written permission of the party that owns the Trademark.

Hyperlink Disclaimer

This Website may contain links and/or advertisements to other websites maintained by us in addition to links to websites maintained by unrelated companies and persons. An advertisement of, or link to, a website not controlled by Rsam does not mean that Rsam approves, endorses or accepts any responsibility for that website, its content or use, or the use of products and services made available through such website.

We are not responsible for the actions, content, accuracy, opinions expressed, privacy policies, products or services provided through these links or made available through these resources or appearing in such websites, nor for any damages or losses, directly or indirectly, caused or alleged to have been caused as a result of your use or reliance on such websites.

Such websites are not investigated, monitored or checked for accuracy, completeness or conformance with applicable laws and regulations by us. We do not make any representations whatsoever, or give any warranties of any kind, expressed, implied, or otherwise about other websites which you may access through this Website, the content thereof, or the products and/or services made available through such websites. If you decide to leave our Website and access these other websites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of such websites will apply to you while on such websites.

Links from other websites

Any link to this Website without our written permission is prohibited. Notwithstanding authorization to link to this Website, linking to any page other than the initial start page of www.rsam.com is prohibited. Persons providing access to this Website via link from another website are solely responsible for the content, accuracy, opinions expressed, privacy policies, products or services of, or available through, the source website and for any representations made or impressions created concerning Rsam.

Authorization by us to link to this Website is given without assumption of any liability by us relating to such links, and we hereby disclaim any such liability. We reserve the right to withdraw any authorization to link to this Website at any time and for any reason.

Anyone providing access to, or information relating to this Website, whether by link or otherwise, is responsible for bringing these Terms of Service to the attention of the person receiving such access or information. Failure to do so will not result in liability for us.

A NOTE ABOUT MINORS

This Website is a business and commercial site. As such, it is not intended for children or minors. In compliance with the Children’s Online Privacy Protection Act of 1998, no one under 13 years of age can use the Website. If you are a minor between the ages of 13 and 18, you may use the Website only in conjunction with your parent, legal guardian, or other responsible adult.

Privacy

We respect your privacy and the use and protection of your the non-public, personally identifiable information (“Personal Information”). Please see our Privacy Policy for important information and disclosures relating to the collection and use of your Personal Information in connection with your use of the Website. If you have any questions regarding Rsam’s privacy practices, you may send your question to us by e-mail to marketing@rsam.com.

Data Protection Consent

By agreeing to these Terms of Service, you agree to the terms of our Privacy Policy.

Any communication or material you post or transmit to us over the Internet is, and will be treated as non-confidential and non-proprietary. Upon the transmission of any Personal Information to us, you expressly grant permission to us to disseminate and/or use such Personal Information for any lawful purpose.

Posting or transmittal of any unlawful, threatening, libelous, defamatory, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or violation of any law is strictly prohibited.

We reserve the right to monitor your communications with us whether by mail, voice, fax, e-mail or any other form of transmission for the purposes of quality control, security and other business needs.

Notwithstanding the foregoing, all Personal Information provided to us as a result of this Website will be handled in accordance with our Privacy Policy.

Statements on Website

The documents contained on (or directly accessible from) this Website may contain a number of forward-looking statements. Any statements that are not statements of historical fact (including without limitation statements to the effect that Rsam or its management “believes,” “expects,” “anticipates,” “plans” and similar expressions) should be considered forward-looking statements and should not be relied upon.

There are a number of important factors that could cause Rsam’s actual results to differ materially from those indicated by such forward-looking statements, including general economic conditions, Rsam’s continued ability to develop and introduce products, the introduction of new products by competitors, pricing practices of competitors, expansion of its sales distribution capability, the cost and availability of components, undetected software errors or bugs, Rsam’s ability to control costs and the risk factors detailed from time to time in Rsam’s periodic reports and registration statements, if any, filed with the Securities and Exchange Commission.

No Warranties

WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS WEBSITE OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE “AS IS.” WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE WEBSITE AND ANY WEBSITE WITH WHICH IT IS LINKED. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS WEBSITE, OR ANY WEBSITE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT. YOU ACCEPT THAT OUR OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.

It is your responsibility to evaluate (or take professional advice on) the accuracy and completeness of all information, statements, opinions and other material on this Website or any Website with which it is linked.

Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.

Indemnity and Release

You agree to indemnify and hold Rsam and its affiliates, officers, agents or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of: (i) content you submit, post, transmit, or make available through the Website, including any claim that one of your postings caused damage to a third party; (ii) your use of the Website; (iii) your violation of these Terms of Service, or the Rsam Customer Community Terms of Use – Code of Conduct Agreement ; or (iv) your violation of any rights of another including but not limited to another’s intellectual property right.

Exclusion of Liability

To the fullest extent permitted by applicable laws we, on behalf of our employees, agents, suppliers, and contractors exclude liability for any losses and expenses of whatever nature and howsoever arising including, without limitation, any direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if we have been advised of the possibility of such damages or losses, arising out of or in connection with the use of the Website or any website with which it is linked. You assume total responsibility for establishing such procedures for data back up and virus checking as you consider necessary. Without limiting the foregoing, you specifically acknowledge that Rsam is not liable for the defamatory, offensive, infringing, breaching, fraudulent, or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you. Messages created and posted by members through the Website may contain links to other websites. Rsam is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Rsam. Inclusion of any linked website on the Website does not imply approval or endorsement of the linked website by Rsam. When you access these third-party sites, you do so at your own risk. Rsam takes no responsibility for third party advertisements which are posted to the Website. Rsam is not responsible for the conduct, whether online or offline, of any user of the Website. These limitations apply to any matter related to: the Website; third party Internet sites, programs or conduct; viruses or other disabling features; incompatibility between the Service and other services, software, or hardware; and any delay or failure in initiating, conducting, or completing any transmission or transaction in connection with the Service in an accurate or timely manner.

Infringement

If you believe that content found on the Website violates your intellectual property rights, please notify Rsam at marketing@rsam.com or Rsam, 700 Plaza Drive, Suite R-2 Secaucus, New Jersey, 07094. Provide all of the following in writing: (i) identify the intellectual property that you claim has been infringed (or if multiple works of intellectual property, then a representative list of such works); (ii) identify the content of the Website that you claim is infringing with enough detail so that we may locate it; (iii) provide a statement by you that you have a good faith belief that the disputed content is not authorized by the intellectual property owner, its agent, or the law; (iv) provide a statement by you declaring that the notification is accurate, and, under penalty of perjury, that you are the exclusive owner of the intellectual property interest involved or that you are authorized to act on behalf of the exclusive owner; (v) provide information reasonably sufficient to permit Rsam to contact you, such as an address, telephone number, and email address; (vi) and your physical or electronic signature.

Upon receipt of notice as described above, Rsam will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Website.

Modification and Discontinuation

We reserve the right at any time and from time to time to modify, edit, delete, suspend or discontinue, temporarily or permanently this Website (or any portion thereof) and/or the information, materials, products and/or services available through this Website (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Website.

Entire Understanding

These Terms of Service contain the entire understanding between you and us with respect to this Website and no representation, statement, inducement oral or written, not contained herein shall bind any party to this agreement. Should any part of these terms for any reason be declared invalid by a court of competent jurisdiction, such determination shall not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect as if the invalid portion of these terms had been eliminated. Our failure to enforce any provision of these Terms of Service shall not be deemed a waiver of such provision nor of the right to enforce such provision.

Law & Jurisdiction

These Terms of Service are made under U.S. law and this Website is operated from Secaucus, New Jersey. Access to, or use of, this Website or information, materials, products and/or services on this Website may be prohibited by law in certain countries or jurisdictions. You are responsible for compliance with any applicable laws of the country from which you are accessing this Website. We make no representation that the information contained herein is appropriate or available for use in any location.

You agree that the courts of Hudson County, New Jersey shall have exclusive jurisdiction to resolve any controversy or claim of whatever nature arising out of or relating to use of this Website, and that the laws of the State of New Jersey shall govern such dispute or claim. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of this agreement is taking place or originating.

Contacting Us

If you have any questions regarding these Terms of Service or any other matter, you may contact us in by writing to us at Rsam, 700 Plaza Drive, Suite R-2 Secaucus, New Jersey, 07094 or e-mailing us at marketing@rsam.com.