Last modified: December 28, 2015
The Services may be used only for lawful purposes, consistent with its intended use and in accordance with these Terms. The Services may only be used for your personal, noncommercial use, where your use is not prohibited by applicable laws and regulations. The Services may require the use of hardware, software, devices, internet and other third party products and services which must be separately obtained by you, and you are solely responsible for obtaining and paying for such products and services, and complying with any associated third party terms and conditions (including their payment terms), which may impose further limitations on your use. You are responsible for your own interactions and communications, including the transmission, posting, and uploading of information, and are responsible for the consequences of such interactions with and communications to us and to any third parties, including other users. The Services are not intended for use by minors.
You may not, in connection with your use of the Services, do any of the following:
- provide any information which is false, inaccurate, misleading or not your own;
- engage in any illegal or unlawful conduct;
- use hateful, abusive, harassing, libelous, or obscene language towards us or other users;
- post any material that infringes or violates any third party’s copyright, trademark, trade secret, privacy, or other proprietary or property right;
- introduce or distribute viruses or other harmful, disruptive, or destructive code or files;
- use or attempt to use another person’s account;
- disrupt or interfere with the security of, or otherwise abuse, the Services, or any servers or networks connected to the Services;
- attempt to obtain unauthorized access;
- impersonate another person;
- share with any minor any content or materials inappropriate for children, or allow any minor access to such materials; and
- systematically harvest data from the Services, or programmatically register accounts.
Copyright and intellectual property
All of our content, the selection, compilation, arrangement and presentation of all materials, and the overall design of the Services are copyrighted by us, and are protected by US and international laws. Use of our content without our express prior written permission is strictly prohibited.
Ricochet Consulting and its logos are trademarks or registered trademarks of Ricochet Consulting, Inc. in the United States. Our trademarks may not be used in connection with any product or service without our express written permission.
Disclaimer of warranties
We will strive to prevent interruptions to the service and be good stewards of your data. However, the Services and our services are provided on an “as is” and “as available” basis. We disclaim all warranties of any kind, whether express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, or non-infringement. We do not make any warranty that the Services or our services will meet your requirements, or that the services will be uninterrupted, timely, secure, or error free, or that defects, if any, will be corrected. You understand that you download from or otherwise obtain content or services through the Services at your own discretion and risk.
Limitations of liability
Other than with respect to damages arising from our gross negligence or intentional misconduct, to the greatest extent allowable under applicable law, in no event shall we or our employees, shareholders, officers, directors, agents, contractors or suppliers be liable: (a) for any incidental, indirect, special, exemplary, or consequential damages (including, without limitation, damages for loss of data, profit, or savings, or due to business interruption,) arising out of or relating to the use or inability to use the Services, or the materials or applications on our websites, even if we are made aware of the possibility of such damages in advance; or (b) in an aggregate amount greater than $100.00 USD.
You agree to indemnify, defend, and hold harmless us, our officers, directors, employees, members, partners, agents, and suppliers, and their respective affiliates, officers, directors, employees, members, shareholders, partners, and agents, from any and all claims and expenses, including attorneys’ fees, arising out of your use of the Services, including but not limited to your violation of this agreement. We may, at our sole discretion, assume the exclusive defense and control of any matter subject to indemnification by you. The assumption of such defense or control by us, however, shall not excuse any of your indemnity obligations.
Right to terminate
We may at any time decide to alter, amend, modify, or terminate the Services, any functionality or portion of it, all in our sole discretion, and you understand that there is no guarantee that the Services or any portion or functionality of it will continue to operate or be available for any particular period of time. We may also terminate your account and right to use the Services if we believe you have violated these Terms.
Governing Law; Arbitration; Jurisdiction; Class Action Waiver
These Terms shall be governed by and construed in accordance with the laws of the state of California and the United States, without giving effect to its conflict of law provisions. Any claims or causes of action arising out of or relating to the Services and/or your use of the Services must be submitted to and resolved by final and binding arbitration to be administered by and pursuant to the Rules of the American Arbitration Association. The arbitration will be conducted in San Francisco County, California in English, before a single arbitrator. The arbitration award may be enforced in any court of competent jurisdiction. Notwithstanding the foregoing, consistent with the California Arbitration Act, preliminary or temporary injunctive relief may be sought and obtained in the concomitant state or federal court located in San Francisco, California, and you consent to the personal jurisdiction of such courts. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed.
You agree that any claim or cause of action arising out of your use of the Services or these terms must be filed within one year after such claim or cause of action arose or it shall be forever barred, notwithstanding any statute of limitations or other law to the contrary. If any provision contained in these terms is determined unenforceable, then such provision will be severed and replaced with a new provision that most closely reflects the intent of the original provision, and the remaining provisions of these terms will remain in full force and effect. No waiver of any provision of these terms shall be effective except pursuant to a written instrument signed by us expressly waiving compliance, and any such waiver shall be effective only in the specific instance and for the specific purpose stated in such writing. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these terms and/or your use of the Services. You may not assign any right, interest, or benefit provided under these terms or through the Services without our express prior written consent. These terms set forth the entire agreement between you and us, and supersede any and all prior communications, agreements and proposals, whether electronic, oral or written, between you and us with respect to the Services and our services. A printed version of these terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms and/or your use of the Services to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
To ask questions or comment about these Terms, contact us at: email@example.com or via our toll-free number: (800) 651-3186