Terms of Service

The terms and conditions described herein (the “Terms of Service”) constitute a legal agreement between you and RTP Capital Advisors, LLC.  The Terms of Service govern access to and use of the domain name http://www.rtpcap.com  as well as any other of RTP Capital Advisors, LLC’s websites, products, services, and content thereon (collectively, the “RTPCAP Site”).  IF THE TERMS OF SERVICE ARE NOT ACCEPTED BY YOU IN FULL, OR IF YOU ARE UNWILLING OR UNABLE TO BE BOUND BY THE TERMS OF SERVICE, YOU MUST IMMEDIATELY CEASE ALL ACCESS AND USE OF THE RTPCAP SITE.

ANY AND ALL INFORMATION ABOUT ANY PROPERTY PROVIDED ON THE RTPCAP SITE CONSTITUTES CONTENT AS DEFINED HEREIN AND IS SUBJECT TO THE LIMITATIONS, WAIVERS, AND DISCLAIMERS OF WARRANTIES PROVIDED IN SECTION 18 OF THIS TERMS OF SERVICE, INCLUDING ANY PROJECTIONS, OPINIONS, ASSUMPTIONS, OR ESTIMATES.  SUCH INFORMATION IS NOT VERIFIED, IS NOT CLAIMED TO BE COMPLETE OR ACCURATE, DOES NOT REPRESENT THE CURRENT OR FUTURE PERFORMANCE OF ANY PROPERTY, DOES NOT CONSTITUTE TAX, FINANCIAL, ACCOUNTING, OR LEGAL INFORMATION OR ADVICE, AND SHOULD BE SUBJECT TO A THOROUGH AND INDEPENDENT INVESTIGATION TO CONFIRM THAT THE PROPERTY MEETS YOUR REQUIREMENTS.  RTP CAPITAL ADVISORS, LLC IS NOT AFFILIATED WITH, SPONSORED BY, OR ENDORSED BY ANY COMMERCIAL TENANT, LESSEE, PROPERTY OWNER, OR AGENT OF ANY PROPERTY DESCRIBED HEREIN.  RETURNS ARE NOT GUARANTEED AND ANY INVESTMENT IS AT YOUR OWN RISK.

These Terms of Service are effective as of November 9th, 2017.

1. Definitions.

a. “Content” means any and all text, images, photos, audio, video, and all other forms of data or communication contained on or generated by use of the RTPCAP Site.

b. “Feedback” means any and all ideas, suggestions, documents, or proposals submitted to RTP Capital Advisors, LLC for purposes of improving the RTPCAP Site.

c. “RTPCAP” means RTP Capital Advisors, LLC, a limited liability company organized under the laws of Florida, as well as its current or future parents, subsidiaries, affiliates, suppliers, licensors, partners, and the officers, directors, members, employees, agents, and representatives of each.

d. “RTPCAP Content” means Content created and made available on the RTPCAP Site by RTPCAP.

e. “RTPCAP Site” means the website available at the domain name http://www.rtpcap.com as well as any other of RTPCAP’s websites, products, services, and content thereon.

f. “Third-Party” means, collectively, all parties other than RTPCAP and its Users.

g. “Third-Party Content” means Content made available on the RTPCAP Site by parties other than RTPCAP or Users, including but not limited to data submitted by advertisers.

h. “User” means anyone who accesses, browses or in any way uses the RTPCAP Site, including but not limited to Users with valid User Profiles.  As used in these Terms of Service, the terms “you” and “your” mean you and/or the business entity or organization that you represent as a User of the RTPCAP Site.

i. “User Content” means any and all content submitted by a User through the RTPCAP Site, excluding information for creating a User Profile.

j. “User Profile” means the profile, account, and/or registration created by or for a User for the purpose of accessing and/or using certain features of the RTPCAP Site.

2. General.

a. By accessing and using the RTPCAP Site, you acknowledge that you have read and understand the Terms of Service and you accept and agree to be bound by the terms and conditions of the Terms of Service.

b. The Terms of Service may be updated by RTPCAP from time to time without notice. You can review the most current version of the Terms of Service at any time by revisiting this page.  You should revisit the Terms of Service on a regular basis as revised versions are binding on you.  RTPCAP may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on the RTPCAP Site.

c. You understand and agree that your continued access to or use of the RTPCAP Site after any modification to the Terms of Service indicates your acceptance of the modification.

d. RTPCAP may offer other products or services that are governed by additional or different terms and conditions.

e. Subject to the terms and conditions of these Terms of Service, RTPCAP hereby grants to you a limited, revocable, non-transferable and non-exclusive license to access and use the RTPCAP Site by displaying it on your internet browser solely to review the information provided on the RTPCAP Site for you or your business’s or organization’s own internal purposes.  Any breach of these Terms of Service shall result in RTPCAP’s immediate automatic revocation of the license granted in this paragraph without specific notice to you.

3. Eligibility.

a. You represent, warrant, and covenant that you (and the business entity or organization that you represent as a User of the RTPCAP Site, as applicable) (a) are of legal age and are under no impairment or infirmity which would render you incompetent to form a binding contract; (b) have full and complete authority to enter into and consummate the Terms of Service and access and use the RTPCAP Site without breaching any agreement made with any other person or entity, violating any rights of any other person or entity, or violating any laws of the United States or other applicable jurisdiction; (c) will only use the RTPCAP Site in a lawful manner; (d) have not been suspended by RTPCAP or removed from the RTPCAP Site; (e) will not access or use the RTPCAP Site for purposes of competing with RTPCAP; and (f) will not have more than one User Profile at any given time, unless authorized by RTPCAP.

4. Translations.

a. RTPCAP may translate the Terms of Service into languages other than English for your convenience.  However, the English version governs your relationship with RTPCAP and any inconsistencies in the translations will be resolved in favor of the English version.

5. RTPCAP Site Material.

a. The RTPCAP Site may contain Content that you find offensive, indecent, inaccurate, or otherwise objectionable.  RTPCAP does not endorse such Content and cannot vouch for the accuracy of Content on the RTPCAP Site.  Consequently, you access and use the RTPCAP Site at your own risk.

b. RTPCAP may display advertisements and other information adjacent to or included with your Content or otherwise on the RTPCAP Site.  You are not entitled to any compensation for such advertisements.  The manner, mode, and extent of displaying such advertisements are subject to change without specific notice.

6. User Profile, Termination, and Survival.

a. You must create a User Profile and provide information about yourself in order to access and/or use certain features of the RTPCAP Site.  User Profiles are for your own personal or organizational use only.  You may not impersonate someone else, create an account for anyone other than yourself, provide any false information or create multiple User Profiles without express permission from RTPCAP.  You will be responsible for all activities that occur with your User Profile.

b. User Profiles may require a password.  You will be responsible for the maintenance and confidentiality of your password.  You agree to notify RTPCAP immediately of any unauthorized use of your User Profile.

c. RTPCAP reserves the right to terminate your User Profile or terminate the Terms of Service at any time for any or no reason and without advance notice.  If your User Profile is terminated for a violation of these Terms of Service, you will not be entitled to any refund for fees paid (if any) prior to termination.

d. All sections or provisions of the Terms of Service regarding payment (for unpaid and owed payment obligations), licenses, waivers, releases, representations and warranties, limitations of liability, indemnification, and others which by their nature are intended to survive, shall apply notwithstanding any other sections or provisions of the Terms of Service, and all such sections and provisions shall survive termination, cancellation, or expiration of the Terms of Service.

7. Restrictions on Use.  You represent and warrant that you will not engage in the following behavior or assist others in doing so:

a. upload, post, email, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;

b. use the RTPCAP Site to promote bigotry or discrimination against protected classes;

c. use the RTPCAP Site to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with another User's use of the RTPCAP Site;

d. use the RTPCAP Site to solicit personal information from minors or to harm or threaten to cause harm to minors in any way;

e. impersonate any person or entity, including, but not limited to, an employee or representative of RTPCAP, or falsely state or otherwise misrepresent your affiliation with a person or entity;

f. collect or store information about other Users without their informed consent;

g. forge headers or otherwise manipulate identifiers in order to disguise the User’s origin;

h. access, retrieve, or index the RTPCAP Site for purposes of constructing or populating a searchable database, including but not limited to a searchable database of products or services offered, except as expressly authorized by RTPCAP;

i. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising or links, promotional materials, contests, surveys, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of mass messaging solicitation;

j. use the RTPCAP Site for promotional or commercial purposes, except as expressly allowed in writing by RTPCAP;

k. use the RTPCAP Site for keyword spamming or to otherwise attempt to manipulate natural search results;

l. upload, post, email, transmit, or otherwise make available any Content that violates any patent, trademark, trade secret, copyright, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right of any party;

m. upload, post, email, transmit, or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

n. upload, post, email, transmit, or otherwise make available any material that contains software viruses 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;

o. use the RTPCAP Site in violation of these Terms of Service or any applicable law;

p. modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the RTPCAP Site or its Content (other than your User Content), except as expressly authorized by RTPCAP;

q. reverse engineer any portion of the RTPCAP Site;

r. remove or modify any patent, trademark, copyright, or other proprietary rights notice on the RTPCAP Site or on any materials printed or reproduced from the RTPCAP Site;

s. use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index the RTPCAP Site or Content therein, except as expressly authorized by RTPCAP; 

t. offer any contest, giveaway, or sweepstakes on the RTPCAP Site without RTPCAP’s prior written consent; or

u. facilitate or encourage any violations of these Terms of Service.

8. Privacy.

a. The Privacy Policy for the RTPCAP Site is fully incorporated herein by reference.  The Privacy Policy describes, among other things, (a) how RTPCAP handles your User information and (b) advertising on the RTPCAP Site.

9. User Content.

a. You represent that you own, or have the necessary permissions to use, and authorize the use of, your User Content as described herein.

b. User Content is not in any way sponsored or endorsed by RTPCAP.  Consequently, you may not post any User Content that states or implies such a sponsorship or endorsement.

c. Subject to the terms of the incorporated Privacy Policy, you represent and warrant that:

i. RTPCAP may use User Content in a number of different ways, including displaying it on the RTPCAP Site, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms;

ii. you hereby irrevocably grant to RTPCAP permission to use your User Content for any purpose, and you grant to RTPCAP a transferable, sublicenceable, irrevocable, perpetual, worldwide, royalty-free, non-exclusive right and license to commercially and publicly use, copyright, display, publish, perform, reproduce, copy, distribute, transmit, alter, make derivatives of, transfer, license, market, sell, and otherwise exploit your User Content;

iii. you unconditionally waive any and all moral rights and non-assignable rights relating to your User Content, including regarding attribution or identification of authorship, integrity, reversion, approval, consent, restriction or limitation on use or subsequent modifications, operation, maintenance, alteration, disassembly, distortion, mutilation, removal, or destruction, including any claims or liability relating to the foregoing.

d. You are solely responsible for and assume all risks associated with any Content that you contribute or that is contributed under your User Profile to the RTPCAP Site.  As part of this responsibility, you assume all risks associated with any third-party’s reliance on your submitted Content’s accuracy completeness, or usefulness.  Further, you assume all risks associated with Content that you submit which may make you personally identifiable to third-parties. 

e. You may expose yourself to liability if your submitted User Content or Content submitted under your User Profile (1) violates any third-party right, including any patent, trademark, trade secret, copyright, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (2) contains material that is false, misleading, or defamatory; (3) contains material that is unlawful, including illegal hate speech or pornography; (4) exploits or otherwise harms minors; or (5) violates or advocates the violation of any law or regulation.

f. RTPCAP may remove or reinstate User Content from time to time at its sole discretion.  RTPCAP is under no obligation to retain your User Content or to provide you with copies of your User Content.

g. RTPCAP does not guarantee User confidentiality with respect to User Content.

h. When you delete your User Content, it is deleted in a manner similar to emptying the recycle bin on a computer. You understand that such content may persist in backup copies for a reasonable period of time (but will not be available other than to RTPCAP). 

10. RTPCAP Content.

a. All RTPCAP Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products and software, is the sole property of RTPCAP.  

b. RTPCAP also owns or has rights to use the patent, trademark, trade secret, copyright, and other intellectual property or proprietary rights throughout the world associated with RTPCAP Content and the RTPCAP Site.  These rights are protected by applicable intellectual and proprietary laws.  Consequently, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display, or in any way exploit any of the RTPCAP Content except as expressly authorized by RTPCAP. 

c. Except as expressly and unambiguously provided herein, RTPCAP does not grant you any express or implied rights, and all rights in and to the RTPCAP Site and the RTPCAP Content are retained by RTPCAP.

d. RTP CAPITAL ADVISORS is a proprietary trademark of RTPCAP.

11. Third-Party Content.

a. The RTPCAP Site may include links to other websites.  If you decide to access linked Third-Party websites, you do so at your own risk.

b. The RTPCAP Site may include products and/or services offered by Third-Parties.  All Third-Party products and/or services must be ordered directly from such Third-Parties or their representatives and all licenses and warranties relating to such Third-Party products and/or services, if any, are between you and such Third-Party.  RTPCAP is not responsible for the contents of any Third-Party products and/or services and makes no representations or warranties, express or implied, regarding the content or accuracy of materials, data, or workmanship contained in any such products and/or services.

12. Intellectual Property Infringement Policy

a. RTPCAP takes intellectual property matters seriously.  If you believe that your copyrighted material has been copied in a way that constitutes infringement or that your intellectual property rights have been violated in any other way, please notify RTPCAP for notice of claims of intellectual property infringement.

b. Due to security concerns, RTPCAP cannot accept email attachments.  Consequently, if you submit material via email, please include all information in the body of the email and not as an attachment.

c. When contacting RTPCAP, please provide a written submission that includes all of the following information (the “Notice”):

i. An identification of the copyrighted work (or other intellectual property) that you claim is being infringed, or, if you believe multiple works are being infringed, a representative list of such works;

ii. a description of where the material at issue can be found at the RTPCAP Site (if possible, please provide a specific URL);

iii. your physical mailing address, telephone number and email address;

iv. a statement by you that you have a good faith belief that the use of the disputed copyrighted work (or other intellectual property) is not authorized by the owner, its agent, or the law;

v. a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and

vi. your physical or electronic signature.

d. RTPCAP will remove any infringing material subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).  

13. RTPCAP Site Availability.

a. RTPCAP reserves the right to modify, update, or discontinue the RTPCAP Site at its sole discretion, at any time, for any or no reason, and without notice or liability.

14. Additional Terms

a. Certain sections or pages on the RTPCAP Site, or certain features or services provided thereon, may contain separate terms and conditions, which are in addition to these Terms of Service.  In the event of conflicting provisions, the additional terms and conditions will govern.

15. Unauthorized Access.

a. RTPCAP reserves the right to exercise whatever lawful means RTPCAP deems necessary to prevent unauthorized access to or use of the RTPCAP Site, including, but not limited to, technological barriers, IP mapping, and contacting your Internet Service Provider regarding such unauthorized use.

16. Feedback.

a. If you would like to send Feedback to RTPCAP, you may do so.  By sending Feedback to RTPCAP, you (1) submit and warrant that your Feedback does not contain information that is subject to a confidentiality agreement or the property of a third party and (2) grant to RTPCAP a transferable, sublicenceable, irrevocable, perpetual, worldwide, fully paid up royalty-free, non-exclusive right and license to commercially and publicly use, copyright, display, publish, perform, reproduce, copy, distribute, transmit, alter, make derivatives of, transfer, license, market, sell, and otherwise exploit the Feedback.  RTPCAP is under no obligation of confidentiality, express or implied, with respect to the Feedback.

17. Use Outside of the United States.

a. The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export Content to countries or persons prohibited under the export control laws. By accessing and/or downloading any Content, you are agreeing that you are not in a country where such export is prohibited or are a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any controlled products or information.

18. Warranties, Disclaimers, Limitations of Liability and Indemnification.

a. Your use of the RTPCAP Site and its Content is at your own discretion and risk, including downloading, viewing, or otherwise obtaining any Content.  You will be solely responsible for, and you hereby release RTPCAP for, any claim, demand, loss, or damage resulting from your use of the RTPCAP Site and/or its Content or any dispute arising from your access or use of the RTPCAP Site and/or its Content, of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the foregoing (and specifically waive and relinquish all rights under any law limiting general releases), including but not limited to any loss of data or damage to your computer or other device, including from viruses or other harm.  The RTPCAP Site, including all Content, is made available to you on an “AS IS”, “WITH ALL FAULTS”, and “AS AVAILABLE” basis.  You acknowledge and agree that RTPCAP is not responsible for any errors or omissions on the RTPCAP Site or in any Content or any third party action or inaction that affects your use of the RTPCAP Site.

b. RTPCAP makes no warranties, representations, or conditions of any kind, including as to (1) the functionality of the RTPCAP Site or its Content, including whether the RTPCAP Site or its Content will be uninterrupted, timely, secure, or error-free, or whether any errors will be corrected, (2) whether the RTPCAP Site or its Content will meet your requirements or expectations, (3) the accuracy, reliability, integrity, quality, legality, usefulness, or safety of the RTPCAP Site or its Content, including but not limited to the products and services offered on the RTPCAP Site, or (4) the products and services associated with the RTPCAP Site or its Content.

c. Even though RTPCAP believes that marketing information on the RTPCAP Site regarding listed properties is reliable, RTPCAP has not conducted independent investigation to determine its accuracy.  Prospective purchasers are advised to conduct a thorough investigation of all aspects of the property.  RTPCAP makes no representations or warranties whatsoever concerning the accuracy or completeness of the information contained in the listings or any other information provided by the seller or seller’s agents.

d. RTPCAP expressly disclaims any warranty or guarantee of accuracy with regard to estimates, projections, assumptions, pro formas, and opinions contained in the listings or otherwise provided by the seller or seller’s agents.  The value of the property and its future performance must be determined solely by the prospective buyer after thorough investigation in conjunction with financial advisors, accountants, tax advisors, legal professionals, engineers, and others providing specialized expertise. RTPCAP does not warrant the correctness of any representation contained in the listings or otherwise provided by the seller or seller’s agents, including without limitation, income, expenses, square footage, zoning, access, future income or expenses, environmental information including environmental contamination or violation of state or federal regulations, the current or future financial condition of any tenant, the existence of any current or future lease defaults or terminations, or the current or future economic viability of any property described herein.  All real estate investments carry potential significant risk, and it is the buyer’s responsibility to review all aspects of a potential investment -- including financial documents, title documents, leases, and matters related to the past and future performance of the property -- and determine whether the risks and potential rewards make the investment appropriate for the buyer.

e. RTPCAP specifically disclaims to the extent allowed under applicable law any and all warranties, whether express, statutory, implied, or other, including, but not limited to, any warranties of fitness for a particular purpose, merchantability, merchantable quality, reasonable care, durability, accuracy or quality of informational content or otherwise, quiet enjoyment, title, non-infringement, validity, exclusivity, condition, security, timeliness, availability, completeness, reliability, sustainability, arising from a course of dealing, a course of performance, or usage of trade, or under any enactment of the Uniform Computer Information Transactions Act, and oral or written representations, proposals or statements made on or prior to the effective date of these Terms of Service.  To the extent any such warranty may not be disclaimed, any such warranty is hereby limited to the minimum duration and extent allowed under applicable law.

f. Information or advice obtained from the RTPCAP Site shall not create any warranty, representation, condition, or obligation not expressly stated in the Terms of Service.

g. Except where prohibited by law, RTPCAP disclaims all liability, and you expressly understand and agree that RTPCAP is not liable, for (1) direct, indirect, special, incidental, punitive, exemplary, reliance, or consequential damages, (2) loss of profits, (3) business interruption, (4) loss of or damage to reputation or goodwill, (5) loss of information or data, or (6) other loss or damage arising out of your use of the RTPCAP Site or its Content, even if RTPCAP has been advised of the possibility of such liability or damages.

h. RTPCAP disclaims all liability for any claim, demand, loss, or damage arising out of your communications or dealings with any of the businesses, advertisers, or other Users on the RTPCAP Site.

i. Your sole and exclusive right and remedy in case of dissatisfaction with the RTPCAP Site or any other complaint or grievance shall be your termination and discontinuation of use of the RTPCAP Site.  Regardless of cause or theory of recovery, whether in contract, tort or otherwise, in no event shall RTPCAP’s liability under the Terms of Service exceed the total amount that you have paid to RTPCAP within the twelve (12) month period preceding the date that the claim first arose.  You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to access or use of the RTPCAP Site or its Content must be filed within one (1) year after such claim or cause of action arose or be forever barred.

j. You will, at your cost and sole expense, defend, indemnify, and hold free and harmless RTPCAP, its officers, directors, shareholders, employees, agents, affiliate corporations, successors, and assigns from all liability, losses, costs, expenses, judgments, and damages (including all reasonable attorneys’ fees, costs, and expenses, including court or arbitral costs) incurred by any of them in connection with, as a result of, or arising from any third party claim, action, or suit (including assertion of the foregoing or settlement thereof) either actually or allegedly arising from (a) your failure to comply with applicable laws and regulations, including violation of any intellectual property or other rights of any third party by you or anyone using your User Profile, (b) your violation of the Terms of Service, (c) bodily injury (including death) or damage to property arising from the negligent, fraudulent, or intentional acts or omissions of you, or (d) your access or use of the RTPCAP Site or its Content.  You may not settle any claims giving rise to an indemnification obligation hereunder where such settlement imposes a monetary obligation that is not covered by the indemnification, imposes any material, non-monetary obligation, or that admits any liability on the part of RTPCAP and which does not include an unconditional release of RTPCAP without the prior written consent of RTPCAP.  RTPCAP reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify RTPCAP and you agree to cooperate with RTPCAP’s defense of these claims.

19. Miscellaneous.

a. Nothing in the Terms of Service will create or imply an employment or agency relationship between you and RTPCAP, nor will the Terms of Service be deemed to constitute a joint venture or partnership between you and RTPCAP.  You do not have any authority of any kind to bind RTPCAP in any respect whatsoever.  These Terms of Service are solely between you and RTPCAP and shall not inure to the benefit of others.

b. You consent to having your personal data transferred to and processed in the United States or internationally.

c. RTPCAP makes no claims that the Content on the RTPCAP Site is appropriate or may be downloaded outside of the United States.

d. You may not assign or transfer the Terms of Service or duties or obligations hereunder, in whole or in part, without the prior written consent of RTPCAP.  RTPCAP may freely assign or transfer the Terms of Service or its duties and rights hereunder, and all terms and conditions of these Terms of Service will inure to the benefit of and be enforceable by such successors, assigns, subsidiaries, purchasers, or transferees.

e. These Terms of Service will be solely governed by and construed in accordance with the laws of the State of North Carolina and the United States.  

f. If any court proceeding is necessary to enforce the terms or conditions of the Terms of Service, such disputes shall be exclusively subject to jurisdiction and resolution in the state or federal courts located in North Carolina, without regard to conflict of laws under any jurisdiction, and you and RTPCAP agree to submit to the personal and exclusive jurisdiction of and venue in the state and federal courts located in North Carolina in event of any such dispute.  You agree that your access and use of the RTPCAP Site and its Content occurs solely within North Carolina, USA, regardless of where your computer, browser, or device is physically located, and that the RTPCAP Site and its Content are located in, served from, and performed wholly within North Carolina, USA.

g. If any legal proceeding is necessary to enforce the terms or conditions of the Terms of Service, the prevailing party will be entitled to reasonable attorneys’ fees and costs.

h. If any provision, or portion thereof, of the Terms of Service is unenforceable, prohibited, or invalid under, or contrary to, any applicable statute or rule of law, it will be modified to the least extent necessary to make it enforceable, such unenforceability shall not affect any other provision of the Terms of Service, and the remaining Terms of Service will remain in full force and effect.  Further, such invalidity, prohibition, or unenforceability in such jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

i. Waiver of any breach will not be construed to be a waiver of any other breach.  All waivers must be in writing, and signed by the party waiving its rights.

j. The headings for the sections herein are inserted for convenience of reference and are not intended to be a part of or to affect the meaning or interpretation of the Terms of Service.

k. The Terms of Service including the documents incorporated herein by reference constitutes the entire agreement between you and RTPCAP with respect to its subject matter, governs your access and use of the RTPCAP Site and its Content, and supersedes all prior agreements, proposals, negotiations, representations, or communications relating to the subject matter.  You acknowledge that you have not been induced to enter into these Terms of Service by any representations or promises not specifically stated herein.  Neither you nor RTPCAP shall be considered the drafter of these Terms of Service, or any provisions of these Terms of Service, for the purpose of any statute, case law, or rule of interpretation or construction that would or might cause any provision to be construed against the drafter.  You also may be subject to additional terms and conditions that may apply when you access, use, or purchase certain other products or services.  You agree that the Terms of Service constitutes a set form in writing, whether or not you choose to print the Terms of Service, including the terms and conditions as described herein.

If you have any questions or concerns regarding these Terms of Service, you may contact RTPCAP.  Please report any violations of the Terms of Service to RTPCAP.