Last updated: September 2022
- 1. Services
- 1.1 Eligibility.Access and use of the Services is intended for use by users who are at least 18 years of age and able to form legally binding contracts. No users under the age of 13 are permitted to use the Services. User represents and warrants that User is not: (a) a citizen or resident of (or located in) any jurisdiction where use of the Services is prohibited by law; (b) a citizen or resident of (or located in) any country that is currently subject to sanctions or embargoes by the United States or any other country; (c) an individual who is, or who is employed by or associated with a Business Entity that is, identified on the U.S. Department of Commerce’s Denied Persons or Entity List, the U.S. Department of Treasury’s Specially Designated Nationals or Blocked Persons Lists, or the U.S. Department of State’s Debarred Parties List or is otherwise ineligible to receive items subject to U.S. export control laws and regulations or other economic sanction rules of any sovereign nation.
- 2. Propietary Rights
- 2.1 Ownership.Except as provided to User in these Terms, Company retains all rights, title, and interests (including all proprietary and Intellectual Property Rights) in and to the Services. “Intellectual Property Rights” means all rights of the following types, under the laws of any jurisdiction worldwide: (a) rights associated with works of authorship, including exclusive exploitation rights, copyrights, and moral rights; (b) trade secret rights; (c) trademark rights; (d) patent rights; (e) mask work, sui generis database rights, and industrial property rights; (f) other proprietary rights of every kind and nature; and (g) rights in or relating to registrations, renewals, extensions, combinations, divisions, and reissues of, and applications for, any of the above.
- 2.2 Technology. The Services, and the databases and technology used by or on behalf of Company to operate the Services, and the structure, organization, and underlying data, information, and software code thereof (collectively, the “Technology”), constitute valuable trade secrets of Company and its third-party providers. Company and its third-party providers retain all right, title and interest, including, without limitation, all Intellectual Property Rights in and to the Technology and any additions, improvements, updates and modifications thereto. User receives no ownership interest in or to the Technology and User is not granted any right or license to use the Technology itself, apart from User’s ability to access and use the Platform under these Terms. The Company name, logo, and all product and service names associated with the Services are trademarks of Company and its third-party providers (“Company Marks”) and User is granted no right or license to use them.
- 2.3 Restrictions. User will not, and will not permit any third party to: (1) access or attempt to access the Services except as expressly provided in these Terms; (2) use the Services in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Services; (3) use automated scripts to collect information from or otherwise interact with the Services; (4) distribute, sell, resell, lend, loan, lease, license, sublicense or transfer any of User’s rights to access or use the Services; (5) use the Services for any purpose other than your own internal use; (7) attempt to circumvent or overcome any technological protection measures intended to restrict access to any portion of the Services; (8) monitor the availability, performance, or functionality of the Services; (9) interfere with the operation or hosting of the Services; or (10) alter, obscure, or remove any copyright, trademark, or any other notices that are provided on or in connection with the Services.
- 2.4 Feedback. Customer agrees that Company is free to disclose aggregate measures of usage and performance, and to reuse all general knowledge, experience, know-how, works and technologies (including ideas, concepts, processes and techniques) acquired during provision of the Services hereunder, including that it could have acquired performing the same or similar services for another customer. All User suggestions for correction, change or modification to the Services, evaluations, and other feedback, information and reports provided to Company hereunder (collectively, “Feedback”), will be the property of Company and User shall and hereby does assign any rights in such Feedback to Company.
- 2.5 Violations. In the event that Company determines, in its sole discretion, that you have breached any portion of these Terms, Company reserves the right to: (i) warn you via e-mail (to any e-mail address you have provided to Company) that you have violated the Terms; (ii) discontinue your use of any Services; and (iii) pursue any other action that Company deems to be appropriate.
- 3. Term; Termination. These Terms are effective as of the date when you accept them (as described in above) and remain in full force and effect while you use any Services, unless terminated earlier in accordance with these Terms. Company may terminate these Terms, including your right to use the Website and Services at any time, with or without notice, including in the event Company determines that you are in breach of these Terms. Company will not have any liability whatsoever to you for any suspension or termination. All provisions of these Terms which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
- 4. No Warranties; Disclaimer. THE SERVICES ARE PROVIDED FOR INFORMATIONAL, EDUCATIONAL, OR ENTERTAINMENT PURPOSES. EXCEPT AS PROVIDED HEREIN, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
- 4.1 COMPANY AND ITS THIRD-PARTY PROVIDERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE SERVICES AND ANY OTHER SUBJECT MATTER OF THESE TERMS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, OR NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COMPANY, ITS EMPLOYEES, OR THIRD-PARTY PROVIDERS WILL INCREASE THE SCOPE OF, OR CREATE ANY NEW WARRANTIES IN ADDITION TO, THE WARRANTIES EXPRESSLY SET FORTH IN THESE TERMS.
- 4.2 COMPANY DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIMS ALL LIABILITY FOR, ANY ERRORS AND OTHER INACCURACIES IN THE INFORMATION, CONTENT, RECOMMENDATIONS, AND MATERIALS MADE AVAILABLE THROUGH THE SERVICES. USER EXPRESSLY AGREES THAT ITS ACCESS AND USE OF THE SERVICES IS AT USER’S SOLE RISK.
- 5. Limitation on Liability. COMPANY AND ITS VENDORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE), ARISING IN CONNECTION WITH OR OUT OF THE ACCESS OR USE OF THE PLATFORM, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF YOUR CONTENT, OPPORTUNITY, REVENUES OR PROFITS, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. COMPANY’S, AND ITS THIRD-PARTY PROVIDERS’, TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS AND THE PLATFORM PROVIDED UNDER THESE TERMS, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED $500. CUSTOMER AGREES THAT COMPANY WOULD NOT ENTER INTO THESE TERMS WITHOUT THESE LIMITATIONS ON ITS LIABILITY. IN JURISDICTIONS WHERE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT PERMITTED, COMPANY’S, AND ITS VENDORS’, LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED EXCEPT IN THE CASE OF CLAIMS FOR WHICH THE APPLICABLE STATUTE OF LIMITATIONS MAY NOT BE SHORTENED BY CONTRACT, AS DETERMINED BY THE GOVERNING LAW PROVIDING FOR SUCH CLAIM.
- 6. Governing Law and Venue. The interpretation of the rights and obligations of the parties under these Terms, including, to the extent applicable, any negotiations, other proceedings hereunder, will be governed in all respects exclusively by the laws of the State of Illinois, U.S.A. as such laws apply to contracts between Colorado residents performed entirely within Illinois without regard to the conflict of laws provisions thereof. Each party shall bring any action or proceeding arising from or relating to these Terms exclusively in a federal or state court in Chicago, Illinois, and each party irrevocably submits to the personal jurisdiction and venue of any such courts in any such action or proceeding brought in such courts.
- 7. Notices. Unless otherwise specified in these Terms, any notices required or allowed under these Terms will be provided to Company by postal mail to the address for Company listed above or on the Website Contact Us page. Notices provided to Company will be deemed given when actually received by Company.
- 8. Transfer and Assignment. User may not assign, delegate or otherwise transfer these Terms, its rights to use the Platform, or any of other rights or obligations under these Terms without the prior written consent of Renoster. These Terms is freely assignable by Renoster and will inure to the benefit of Renoster’s successors and assigns. Any transfer or assignment in violation of this Section 12 is null and void.
- 9. Compliance with Laws. User acknowledges that the Services are not specifically designed to facilitate compliance with any specific law, rule, or regulation. User’s use of the Services in compliance with any specific law, rule, or regulation applicable to User, is User’s sole responsibility. Company is not responsible for enabling User’s compliance with any such law, rule, or regulation or for User’s failure to comply. User represents and warrants to Company that User’s use of and access to the Services will comply with all applicable laws, rules, and regulations and will not cause Company itself to violate any applicable laws, rules, and regulations.
- 10. International Use. Company controls and operates the Services from the state of Illinois. Company does not represent that the Services or any materials on the Services are appropriate or available for use in other locations outside of the United States. Persons who choose to access the Services from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. Without limiting the generality of the foregoing, User agrees to comply with all applicable laws regarding the transmission or transfer of any data or technical information in connection with User’s access to or use of the Services.
- 11. Linked Sites. The Services may contain links to third-party sites, which contain content at such sites that are not under the control of Company. If User accesses a third-party site or content from the Services, then User does so at its own risk and Company is not responsible for any such site or content on any linked site. If the Services links to any third-party site or content, it is not an indication of an endorsement, authorization, or sponsorship to such third-party site or content.
- 12. Severability; Waiver. If any provision of these Terms is held to be invalid or unenforceable for any reason, the remaining provisions shall continue in full force without being impaired or invalidated in any way. The parties agree to replace any invalid provision with a valid provision which most closely approximates the intent and economic effect of the invalid provision. All waivers by Company under these Terms must be in writing or later acknowledged by Company in writing. The waiver by either party of a breach of any provision of these Terms shall not operate or be interpreted as a waiver of any other or subsequent breach.
- 13. Additional Terms. Unless otherwise amended as provided herein, the Terms will exclusively govern User’s access to and use of the Services, and is the complete and exclusive understanding and agreement between the parties, and supersedes any oral or written proposal, agreement or other communication between the parties, regarding User’s access to and use of the Services. The parties hereto are independent parties, not agents, employees or employers of the other or joint venturers, and neither acquires hereunder any right or ability to bind or enter into any obligation on behalf of the other.