RDDC Development Company, LLC

Website Terms of Use

Introduction 

These are the Terms of Use (the “Terms”) for the River District Development Company, LLC (“RDDC”) “The Delta” project website found at thedeltaelkhart.com (the “Website”). 

Please be aware that these Terms constitute a binding legal agreement between you and RDDC. You agree you are responsible for your use of our Website and any resulting consequences. You may use our Website and interact with us only in compliance with these Terms and all applicable laws. 

Your use of our Website constitutes your acceptance of these Terms and our Privacy Policy. 

When using other RDDC Website, such as our community forums, you may be subject to any additional Terms that are otherwise made available from time to time.

 

Eligibility Requirements

By accepting these Terms through your use of our Website, you certify that you are at least 18 years of age or are at least 13 years of age and using the Website with the permission and supervision from a parent or guardian.  

Representations & Warranties to RDDC 

By using our Website, you represent, warrant, and agree:

1. You meet all age and eligibility requirements expressed in these Terms;
2. You are solely responsible for the accuracy, legality, and appropriateness of your use of the Website, including all data, files, and communications entered into the Website, as well as the use of downloadable assets generated from the Website; and
3. You will only use our Website for lawful purposes.

 

Prohibited Uses

You agree not to use our Website:

1. In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personal information, or otherwise;
3. To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
4. To impersonate or attempt to impersonate RDDC, a RDDC employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing); or
5. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm RDDC or users of the Website, or expose them to liability.

Additionally, you agree not to:

1. Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website;
2. Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
3. Use any device, software, or routine that interferes with the proper working of the Website;
4. Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; 
5. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, or any server, computer, or database connected to the Website or attack the Website in any way; or
6. Otherwise attempt to interfere with the proper working of the Website.

 

Termination of Access

Failure to abide by the above section constitutes a breach of these Terms, which may result in immediate termination of your access to the Website. 

RDDC maintains the right to suspend or disable your access to the Website or terminate these Terms, at our sole discretion and without prior notice to you if you breach the Terms, or if RDDC otherwise determines such action is warranted. RDDC reserves the right to revoke your access to and use of the Website at any time, with or without cause.

 

Website and Availability 

We reserve the right to withdraw or amend our Website at our sole discretion without notice. We will not be liable if, for any reason all, or any part of the Website are unavailable, at any time or for any period. From time to time, we may restrict user access to some parts of the entirety of our Website. 

You are responsible for both:

1. Making all arrangements necessary for you to have access to the Website; and
2. Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them. 

RDDC reserves the right to investigate and take appropriate legal action against anyone who violates these Terms. 

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

Our Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting Website. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by RDDC, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of RDDC. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

 

Termination of Access

RDDC maintains the right to suspend or disable your access to the Website, or terminate these Terms, at our sole discretion and without prior notice to you if you breach the Terms, or if RDDC otherwise determines such action is warranted. RDDC reserves the right to revoke your access to and use of the Website at any time, with or without cause.

 

Updates 

RDDC may from time to time in its sole discretion develop and provide updates to the Website, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates“). Updates may also modify or delete in their entirety certain features and functionality. You agree that RDDC has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.  You further agree that all Updates will be deemed part of the Website and be subject to these Terms. 

 

Intellectual Property

Service Content, Software and Trademarks. You acknowledge and agree that our Website may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by RDDC, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on our Website or Service Content, in whole or in part, except that the foregoing does not apply to any of your own feedback that you legally upload to our Website. 

The RDDC name and logos are trademarks and Service marks of RDDC (collectively the “RDDC Trademarks”). Other RDDC, product, and Service names and logos used and displayed via our Website may be trademarks or Service marks of their respective owners, who may or may not endorse or be affiliated with or connected to RDDC. Nothing in these Terms or in our Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of RDDC Trademarks displayed through our Website, without our prior written permission in each instance. All goodwill generated from the use of RDDC Trademarks will inure to our exclusive benefit.

Feedback Transmitted Through Our Website. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, and other information unrelated to information you provide (“Feedback”), provided by you to RDDC is non-confidential, and RDDC will be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You acknowledge and agree that RDDC may preserve content, and may also disclose Feedback or content if required to do so by law, or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of RDDC, its users and the public. You understand that the technical processing and transmission of our Website, including your content, may involve: (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

 

Linking to the Website

You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express consent.  

 

Communications

As part of your use of our Website, you consent to receive electronic notifications from RDDC. You may opt-out of receiving certain notifications from RDDC by completing the opt-out process provided in each email message. By opting-out, you understand that we may not be able to communicate certain information to you. Please note we may still contact you regarding certain transactional announcements or notifications even if you have opted-out from other messages.

 

Third-Party Advertising & Marketing

RDDC may employ third-party advertising and marketing to deliver ads, information, and other promotions to you, both through our Website and other mechanisms. By agreeing to our Terms, you agree to receive such advertising and marketing from RDDC and our partners. If you do not wish to receive such advertising, you may opt-out with the instructions provided within the communication. RDDC may compile and release information regarding you and your use of our Website on an anonymous basis as part of a customer profile or similar report or analysis. It is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through our Website.

 

Indemnity and Release

You agree to release, indemnify, and hold harmless RDDC, its affiliates, and its and their respective officers, employees, directors, members, and agents from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of, or relating to, your use of the Website and interactions with us, your violation of these Terms, or your violation of any rights of another.

 

Disclaimer of Warranties Related to our Website

YOUR USE OF OUR SERVICES AND YOUR INTERACTIONS WITH US IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. RDDC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

RDDC MAKES NO WARRANTY THAT: (I) OUR SERVICES OR OTHER INTERACTIONS WILL MEET YOUR REQUIREMENTS, (II) OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURELY, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES WILL MEET YOUR EXPECTATIONS.

 

Limitation of Liability 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT RDDC WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RDDC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE, OR THE INABILITY TO USE, OUR SERVICES OR ANY CONTENT; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, TRANSMISSIONS, OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SERVICES; OR (V) ANY OTHER MATTER RELATING TO OUR SERVICES OR CONTENT. IN NO EVENT WILL RDDC ’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION, EXCEED THE AMOUNT YOU HAVE PAID RDDC IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED U.S. DOLLARS (US $100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR SERVICES OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF OUR SERVICES.

 

General

Modification. We may modify these Terms at any time. We will post the changes on our Website with the effective date, and notify you of any material changes. Your continued use of our Website or continued interactions with us after the date of any such changes become effective constitutes your acceptance of these Terms.

Governing Law. The validity, interpretation, construction, and performance of these Terms shall be governed by the laws of the United States, where applicable, and otherwise by the laws of the State of Indiana, without regard to its principles of conflicts of laws. Any dispute arising out of these Terms shall be heard in a court of competent jurisdiction over cases and controversies arising in Evansville, Indiana.

No Waiver. The failure of RDDC to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. 

Severability. In case any provision of these Terms is found by a court of competent jurisdiction to be invalid, the validity, legality, and enforceability of the remaining provisions will not be affected and remain in full effect. The parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision.

Claim Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of the use of the Website or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

 

Contact Us

Meggan Fink, Marketing & Community Partner 

meggan@weimpactgroup.com