Terms of Use

SourceWatch Terms of Use Agreement

By using the SourceWatch website and related services, you signify your Agreement to these Terms of Use by Radok Corporation. If you do not agree to these Terms of Use, do not use the site or purchase its services.

READ THIS TERMS OF USE AGREEMENT CAREFULLY BEFORE USING THE SOURCEWATCH WEBSITE AND THE SERVICES OFFERED HEREIN. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR USING THIS WEBSITE (THE "SITE") AND ALL ITS SERVICES. YOU AGREE THAT BY USING THE SITE AND ITS SERVICES YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO THIS CONTRACT.

The information provided on this site is not, nor is it intended to be, legal advice in any way. The content may be out of date, incomplete or incorrect. Users of this website should not act upon any information or use any of its services without first seeking the advice of an attorney.

Introduction

The SourceWatch website, Control Panel, and related domains are owned and operated by Radok Corporation (referred to as "Radok" "we", "us" or "our"). All content and materials published on the websites are Copyright © Radok, All Rights Reserved. Text, graphics, HTML code, and other intellectual property are protected by U.S. and International Copyright Laws, and may not be copied, reprinted, published, translated, hosted, or otherwise distributed by any means without explicit permission.

You may not alter or modify the copyrighted content or remove any legal notice associated with it (Copyright Management Information), pursuant to US Code Title 17 Chapter 12 "Copyright Protection and Management Systems."

Online content including text, artwork, photographs, source HTML and any other copyrighted materials are further protected and monitored for infringement by SourceWatch.

You agree that all protection services, forms and materials you purchase from this website may only be used by you for your personal or business use or used by you in connection with your client and may not be sold or redistributed without the express written consent of Radok.

Content Ownership, License, and Use

Radok warrants, and you accept, that Radok is the owner of the copyright(s) of the online content and Links to resources available from time to time through Radok's online operations. Radok and its contributors reserve all rights and no intellectual property rights are conferred by this agreement.

Radok grants you a non-exclusive, non-transferable license to use information accessible to you subject to these Terms and Conditions. The content may be used only for viewing information or for extracting information to the extent described below.

You agree to use information obtained from Radok' website(s) only for your own private use or the internal purposes of your home or business, provided that you are not selling or brokering the information, and in no event cause or permit to be published, printed, downloaded, transmitted, distributed, reengineered, or reproduced in any form any part of the databases (whether directly or in condensed, selective or tabulated form) whether for resale, republishing, redistribution, viewing, or otherwise.

You may, however, on an occasional limited basis download or print out individual pages of information which have been individually selected, to meet a specific, identifiable need for information which is for your personal use only, or is for use in your business only internally, on a confidential basis. You may make such limited number of duplicates of any output, both in machine readable or hard-copy form, as may be reasonable for these purposes only. Nothing herein shall authorize you to create any database, directory or hard copy publication of or from the databases, whether for internal or external distribution or use.

SourceWatch Services

You understand that the SourceWatch services are meant as a deterrent to infringement only. There is no 100% effective method of protecting public online content delivered through a web browser. SourceWatch provides practical solutions to help protect online content, but we make no assurances whatsoever that it will be effective in preventing content from being taken from your website.

After purchasing a SourceWatch plan, you are licensed to use the SourceWatch Shield and other services specified within each plan, materials and information provided by the plan on a single website for the term of your prepaid membership as long as (a) your annual page views do not exceed the amount limited by the purchased plan (see below); and (b) your website does not contain or promote any illegal or harmful activity as is more clearly defined below.

Gold Plan and Pro Plan clients only: You are licensed to use the included SourceWatch Control Panel for up to three users during the term of your prepaid membership. 10-user and 100-user licenses are also available.

The price for SourceWatch plans and annual renewals may change without notice. If you have purchased a Plan and prepaid for 1, 3 or 5 additional years, the cost will stay in place for the number of years you have prepaid, regardless of any subsequent price increases. If you are subscribing on a year-to-year membership basis, you will be notified within 30 days of the anniversary date when your membership is up for renewal, payable at the then current renewal rates.

We will make every effort to contact you when your membership is due, but it is the obligation of the SourceWatch member to keep your annual subscription up to date and supply us with current email or other contact information to ensure that no lapse in SourceWatch services occur.

If you do not update your annual subscription and do not respond to any expiration notice, we will assume you do not wish to continue the service and will cancel your subscription and close your account by removing your warning page, control panel, and any other SourceWatch services previously purchased. All SourceWatch shields and other provided services must be removed from your website within 30 days after such expiration.

Radok reserves the right to refuse SourceWatch services to any individual or business for any reason. If Radok does not accept your order for SourceWatch services, you will be notified and your credit card will not be charged for the services. If Radok discontinues your services for any reason, you will receive notice and payment for the unused (prepaid) portion of your services. All SourceWatch shields and other provided services must be removed from your website within 30 days after such cancellation.

Radok provides a 30 day money back guarantee on its SourceWatch Plans, less the cost of the setup fees. If for any reason you are not satisfied with your SourceWatch protection plan, contact us within 30 days of your purchase and cancel your order. We will provide a credit to your credit card for 100% of your order, less any setup fees, and cancel your service. All SourceWatch shields and other provided services must be removed from your website within 30 days after such cancellation.

The Pro Marketing package is sold exclusively with the Pro Plan and is not available separately. Text ad placement for the Pro Marketing package is solely at our discretion.

PRO Plan Clients Only: The added Pro Marketing services of the PRO Plan require us to cancel any orders from clients whose website (a) violates, misappropriates or infringes any rights of us or any third party, (b) constitutes defamation, invasion of privacy or publicity, or otherwise violates any rights of any third party, (c) is designed for use in any illegal activity or promotes illegal activities, including, without limitation, in a manner that might be libelous or defamatory or otherwise malicious, illegal or harmful to any person or entity, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age, or (d) contains or promotes spam, spyware or other harmful or illegal activity.

Specifically, we will not accept any Pro Plan order where the website's topic could be perceived as dishonest, controversial or exploitive such as: diet and health plans, get rich quick schemes, ringtones, drugs and supplements, credit cards and credit repair, identity theft, games and gambling, weapons, religious, alcohol and tobacco products, adult and dating services, counterfeit goods, and any other site containing illegal or questionable content.

In the event you receive a cancellation notice or if your membership has expired due to non-payment, you must remove all SourceWatch code and discontinue use of all SourceWatch materials within 30 days. Your custom warning page, control panel and any other services will be also terminated.

Due to the many variations and complexities of copyright law from country to country, SourceWatch Plans are currently only available to website owners based in the United States.

SourceWatch services are limited to the specific services specified in each Plan. Copyright consulting, infringement monitoring, infringement research, submitting takedown notices and other services outside what is specifically offered within each Plan are available by quotation only. SourceWatch consulting service rates are billable at per hour. (Contact your SourceWatch representative for a proposal). SourceWatch may utilize trusted third-party consultants and attorneys for these services which may be billed at a higher rate.

SourceWatch is not a law firm. The information on this website and contained in the SourceWatch services you may purchase is not, nor is it intended to be, legal advice in any way.

Any information provided on this website, or within any SourceWatch plan you may purchase, does not constitute legal advice, and should not be relied on whatsoever. You are encouraged to consult your own attorney for any specific legal issues you may have. Each case is different and each state may have differing laws governing various aspects of your case, so it is impossible to evaluate your specific legal needs without a comprehensive consultation and review by your own attorney who is familiar with the facts and issues relating to your case.

You are encouraged to consult your own attorney for any specific legal issues you may have. We make no claims, warranties or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked to this web site and its associated sites, or services offered for purchase. You should not act or rely on any information contained in this website or within any purchased SourceWatch services without first seeking the advice of an attorney.

You are responsible for adding any supplied code to your website. You will be provided a setup page with several options and Shield colors to choose from, with complete installation instructions. Just select the SourceWatch Shield you like, then copy the code from the box below it and paste to your site. If you're not familiar with making changes to your website, your website designer can add the code for you.

Limits of Liability

In no event shall Radok be liable for any damages of any kind or nature, including without limitation, direct, indirect, special, consequential or incidental damages arising from or in connection with the existence or use of the website, information and/or purchased services.

All materials, documents, forms, information, code and services provided on or through your use of this website are sold and or otherwise provided for on an "as is" and "as available" basis. To the fullest extent permitted by law, Radok expressly disclaims all warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

Purchasing any services through the use of the site is done at your own discretion and at your own risk. Radok does not warrant or make any representations regarding the use or the results of the use of the information, materials, cloud hosting, marketing, and/or any other services provided in terms of its correctness, accuracy, reliability, or otherwise. You (and not Radok) assume the entire cost of all necessary servicing, repair or correction.

Under no circumstances shall Radok, our officers, directors, employees or agents be liable for any indirect, punitive, special, incidental or consequential damage (including but not limited to loss of business, revenue, profits, use, data or other economic advantage), however it arises, whether in an action of contract, negligence or other tortious action, or arising out of or in connection with the use or inability to use this site or materials available from this site, even if Radok has been previously advised of the possibility of such damage.

In no event shall Radok's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence or otherwise) exceed the amount paid by you, if any, for accessing and/or purchasing from this site.

Indemnification. You agree to defend, indemnify and hold harmless Radok, our officers, directors, shareholders, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Site and the materials and services offered.

Facts and information contained on this website are believed to be accurate at the time they were placed on the website, but we make no claims, warranties or guarantees about the accuracy, completeness, or adequacy of the information, or whether or not the information may be outdated. You are responsible, not Radok, to verify that any supplied information is accurate and is suitable for your specific purposes.

Changes may be made at any time without prior notice. All data provided on this website is to be used for information purposes only. The information contained on this website is not intended to provide specific legal or any other advice, whatsoever, for any individual or company and should not be relied upon in that regard. The products and services described on our websites are only offered in jurisdictions where they may be legally offered. Information provided on our websites is not all inclusive, and is limited to information that is made available to Radok and such information, services, specifications, images, and pricing should not be relied upon as all inclusive, accurate, or up to date, and it may change at any time.

Links, Trade Names, and Marks

Radok is not necessarily affiliated with sites which may be linked to this site and is not responsible for their content. The linked sites are for your convenience only and you access them at your own risk. Links to other websites or references to products, services or publications other than those of Radok and its subsidiaries and affiliates at this website, do not imply the endorsement or approval of such websites, products, services or publications by Radok or its subsidiaries and affiliates.

Certain names, graphics, logos, icons, designs, words, titles or phrases on this website may constitute trade names, trademarks or service marks of Radok or of other entities. The display of trademarks on this website does not imply that a license of any kind has been granted. Any unauthorized downloading, re-transmission, or other copying of modification of trademarks and/or the contents herein may be a violation of federal common law trademark and/or copyright laws and could subject the infringing party to legal action.

Limited Use of Subscriptions, Passwords, and Other Private Information

You agree to treat as strictly private and confidential any code, username, user ID, or password which you may have received from Radok or its affiliates, and all information to which you have access through password-protected areas of Radok' websites and will not cause or permit any such information to be communicated, copied or otherwise divulged to any other person or company whatsoever.

Disputes and Mandatory Arbitration

Important. This arbitration clause provides that you may be required to settle any claim or dispute through arbitration, even if you would prefer to litigate such claims before a jury. Other rights that you would have if you went to court, such as discovery or the right to appeal the decision, may not be available in arbitration or may be more limited. You may opt out of mandatory arbitration within the first sixty (60) days of your initial SourceWatch Silver, Gold, or Pro Plan purchase. Please contact us if you would like to opt out of mandatory arbitration. If you do not opt out within sixty (60) days of such initial purchase, you accept mandatory arbitration. If you opt out, you will not be required to arbitrate any claims. There is no penalty or other negative consequence if you do opt out.

A party who intends to seek arbitration must first send to the other, by certified mail, a written notice of intent to arbitrate (a “Notice”), or, in the absence of a mailing address provided by you to Radok, to you via any other method available to Radok, including via e-mail. The Notice to Radok should be addressed to: Attn: Chief Executive Officer, Radok Corporation, 8655 E. Via De Ventura, G200, Scottsdale, Arizona 85258. The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (the “Demand”). If you and Radok do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Radok may commence an arbitration proceeding as set forth below or file a claim in small claims court. THE ARBITRATION SHALL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (the “Rules”), AS MODIFIED BY THIS AGREEMENT. The Rules and AAA forms are available online at www.adr.org or by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. If you are required to pay a filing fee to commence an arbitration against Radok, then Radok will promptly reimburse you for your confirmed payment of the filing fee upon Radok's receipt of Notice at the Arbitration Notice Address that you have commenced arbitration along with a receipt evidencing payment of the filing fee, unless your Demand is equal to or greater than $1,000, in which case you are solely responsible for the payment of the filing fee.

Arbitration Proceeding. A single independent and impartial arbitrator shall be appointed pursuant to the Rules, as modified herein. You and Radok agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens on the parties: (i) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (ii) the arbitration shall not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and (iii) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

No Class Actions. YOU AND RADOK AGREE THAT YOU AND RADOK MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND THAT IF THIS SPECIFIC PROVISO IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS MANDATORY ARBITRATION SECTION SHALL BE NULL AND VOID.

Decision of the Arbitrator. Barring extraordinary circumstances, the arbitrator shall issue his or her decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings shall be closed to the public and confidential and all records relating thereto shall be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator shall be in writing and shall include a statement setting forth the reasons for the disposition of any claim. The arbitrator shall apply the laws of the State of Arizona (see "Governing Law" below) in conducting the arbitration. You acknowledge that these terms and your use of the Service evidences a transaction involving interstate commerce. The United States Federal Arbitration Act shall govern the interpretation, enforcement, and proceedings pursuant to the Mandatory Arbitration clause in these Terms.

These Terms and your use of the Service shall be governed by the substantive laws of the State of Arizona without reference to its choice or conflicts of law principles. Only if the Mandatory Arbitration clause is deemed to be null and void, then all disputes arising between you and Radok under these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in Maricopa County, Arizona, and you and Radok hereby submit to the personal jurisdiction and venue of these courts.

Equitable Relief. The foregoing provisions of this Dispute Resolution section do not apply to any claim in which Radok seeks equitable relief of any kind. You acknowledge that, in the event of a breach of these Terms by Radok or any third party, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against Radok, including with respect to any User Submissions, and your only remedy shall be for monetary damages, subject to the limitations of liability set forth in these Terms.

Claims. You and Radok agree that, notwithstanding any other rights the party may have under law or equity, any cause of action arising out of or related to these Terms or the Service, excluding a claim for indemnification, must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

Improperly Filed Claims. All claims you bring against Radok must be resolved in accordance with this Dispute Resolution section. All claims filed or brought contrary to this Dispute Resolution section shall be considered improperly filed. Should you file a claim contrary to this Dispute Resolution section, Radok may recover attorneys' fees and costs up to $5,000, provided that Radok has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

Governing Law

These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of Arizona, County of Maricopa, as it is applied to agreements entered into and to be performed entirely within such State and County.

Any action you bring to enforce this agreement or any matters related to this site shall be brought in either the State or Federal Courts located in Maricopa County, Arizona. If any provision of this agreement is void or unenforceable in whole or in part, the remaining provisions of this Agreement shall remain in effect.

Other Legal Considerations

These Terms of Use will apply to every access to every Radok site currently owned and operated by Radok Corporation. Radok reserves the right to issue revisions to these Terms of Use by publishing a revised version of this document on this site. That version will then apply to all use by you following the date of publication. Each access of information from Radok will be a separate, discrete transaction based on the then prevailing terms.

These Terms of Use and any license(s) granted may not be assigned or sublet by you without Radok's written consent in advance.

Termination

This Terms of Use Agreement is effective until terminated by either party. You may terminate this agreement at any time by destroying all SourceWatch materials obtained from any and all Radok website(s) and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. This agreement will terminate immediately without notice at Radok's sole discretion, should you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from this site and any and all other Radok website(s) and all copies thereof, whether made under the terms of this agreement or otherwise.

Terms of Use Correspondence

Radok Corporation
SourceWatch Terms of Use
8655 E. Via De Ventura, G200
Scottsdale, Arizona 85258