TERMS AND CONDITIONS
Last
updated October 05,
2022
TABLE OF
CONTENTS
These Terms of Use constitute a legally binding agreement made between you, whether personally or
on behalf of an entity (“you”) and RTT Web
("Company
," “we," “us," or
“our”), concerning your access to and use of the https://cardlistr.com website as well as any other media
form, media channel, mobile website or mobile application related, linked, or otherwise connected
thereto (collectively, the “Site”).
You agree that by accessing the Site, you have read, understood, and agreed to be
bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE
EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are
hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to
make changes or modifications to these Terms of Use from time to
time. We will alert you about any changes by updating the “Last
updated” date of these Terms of Use, and you waive any right to receive specific notice of each such
change. Please ensure that you check the applicable Terms every time you use our Site so that you
understand which Terms apply. You will be subject to, and will be deemed to have been made aware of
and to have accepted, the changes in any revised Terms of Use by your continued use of the Site
after the date such revised Terms of Use are posted.
The information provided on the Site is not intended for distribution to or use by any person or
entity in any jurisdiction or country where such distribution or use would be contrary to law or
regulation or which would subject us to any registration requirement within such jurisdiction or
country. Accordingly, those persons who choose to access the Site from other locations do so on
their own initiative and are solely responsible for compliance with local laws, if and to the extent
local laws are applicable.
The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability
and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if
your interactions would be subjected to such laws, you may not use this Site. You may not use the
Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
The Site is
intended for users who are at least 18 years old. Persons under the age of 18 are not
permitted to use or register for the Site.
2. INTELLECTUAL
PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary
property and all source code, databases, functionality, software, website
designs, audio, video, text, photographs, and graphics on the Site
(collectively, the “Content”) and the trademarks, service marks, and logos
contained therein (the “Marks”) are owned or controlled by us or licensed to
us, and are protected by copyright and trademark laws and various other
intellectual property rights and unfair competition laws of the United States, international
copyright laws, and international conventions. The Content and the Marks are provided on the
Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms
of Use, no part of the Site and no Content or Marks may be copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited
for any commercial purpose whatsoever, without our express prior written
permission.
Provided that you are eligible to use the Site, you are
granted a limited license to access and use the Site and to download or print a
copy of any portion of the Content to which you have properly gained access
solely for your personal, non-commercial use. We reserve all rights not
expressly granted to you in and to the Site, the Content and the Marks.
By using the Site, you
represent and warrant that:
(1) you have the legal capacity and you agree
to comply with these Terms of Use;
(2) you are not a minor in the jurisdiction in
which you reside
; (3) you will not access the Site through
automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use the Site for any illegal or
unauthorized purpose; and (5) your use of the Site will not violate any
applicable law or regulation.
If you provide any
information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend
or terminate your account and refuse any and all current or future use of the Site (or any
portion thereof).
You may not access or
use the Site for any purpose other than that for which we make the Site available. The Site may
not be used in connection with any commercial endeavors except those that are specifically
endorsed or approved by us.
As a user of
the Site, you agree not to:
-
Systematically
retrieve data or other content from the Site to create or compile, directly or
indirectly, a collection, compilation, database, or directory without written
permission from us.
-
Trick,
defraud, or mislead us and other users, especially in any attempt to
learn sensitive account information such as user
passwords.
-
Circumvent,
disable, or otherwise interfere with security-related features of the
Site, including features that prevent or restrict the use or copying of
any Content or enforce limitations on the use of the Site and/or the
Content contained therein.
-
Disparage,
tarnish, or otherwise harm, in our opinion, us and/or the
Site.
-
Use
any information obtained from the Site in order to harass, abuse, or
harm another person.
-
Make
improper use of our support services or submit false reports of abuse or
misconduct.
-
Use
the Site in a manner inconsistent with any applicable laws or
regulations.
-
Engage
in unauthorized framing of or linking to the
Site.
-
Upload
or transmit (or attempt to upload or to transmit) viruses, Trojan
horses, or other material, including excessive use of capital letters
and spamming (continuous posting of repetitive text), that interferes
with any party’s uninterrupted use and enjoyment of the Site or
modifies, impairs, disrupts, alters, or interferes with the use,
features, functions, operation, or maintenance of the
Site.
-
Engage
in any automated use of the system, such as using scripts to send
comments or messages, or using any data mining, robots, or similar data
gathering and extraction tools.
-
Delete
the copyright or other proprietary rights notice from any
Content.
-
Attempt
to impersonate another user or person or use the username of another
user.
-
Upload
or transmit (or attempt to upload or to transmit) any material that acts
as a passive or active information collection or transmission mechanism,
including without limitation, clear graphics interchange formats
(“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices
(sometimes referred to as “spyware” or “passive collection mechanisms”
or “pcms”).
-
Interfere
with, disrupt, or create an undue burden on the Site or the networks or
services connected to the Site.
-
Harass,
annoy, intimidate, or threaten any of our employees or agents engaged in
providing any portion of the Site to
you.
-
Attempt
to bypass any measures of the Site designed to prevent or restrict
access to the Site, or any portion of the
Site.
-
Copy
or adapt the Site’s software, including but not limited to Flash, PHP,
HTML, JavaScript, or other code.
-
Except
as permitted by applicable law, decipher, decompile, disassemble, or
reverse engineer any of the software comprising or in any way making up
a part of the Site.
-
Except
as may be the result of standard search engine or Internet browser
usage, use, launch, develop, or distribute any automated system,
including without limitation, any spider, robot, cheat utility, scraper,
or offline reader that accesses the Site, or using or launching any
unauthorized script or other
software.
-
Use
a buying agent or purchasing agent to make purchases on the
Site.
-
Make
any unauthorized use of the Site, including collecting usernames and/or
email addresses of users by electronic or other means for the purpose of
sending unsolicited email, or creating user accounts by automated means
or under false pretenses.
-
Use
the Site as part of any effort to compete with us or otherwise use the
Site and/or the Content for any revenue-generating endeavor or
commercial enterprise.
5. USER
GENERATED CONTRIBUTIONS
The Site does not offer users to submit or post
content. We may provide you with the opportunity to create, submit, post, display,
transmit, perform, publish, distribute, or broadcast content and materials to us or
on the Site, including but not limited to text, writings, video, audio, photographs,
graphics, comments, suggestions, or personal information or other material
(collectively, "Contributions"). Contributions may be viewable by other users of the
Site and through third-party websites. As such, any Contributions you transmit may
be treated in accordance with the Site Privacy Policy. When you create or make
available any Contributions, you thereby represent and warrant that:
- The creation, distribution, transmission,
public display, or performance, and the accessing, downloading, or copying
of your Contributions do not and will not infringe the proprietary rights,
including but not limited to the copyright, patent, trademark, trade secret,
or moral rights of any third party.
- You are the creator and
owner of or have the necessary licenses, rights, consents, releases, and
permissions to use and to authorize us, the Site, and other users of the
Site to use your Contributions in any manner contemplated by the Site and
these Terms of Use.
- You have the written consent,
release, and/or permission of each and every identifiable individual person in
your Contributions to use the name or likeness of each and every such
identifiable individual person to enable inclusion and use of your Contributions
in any manner contemplated by the Site and these Terms of Use.
- Your Contributions are not
false, inaccurate, or misleading.
- Your Contributions are not
unsolicited or unauthorized advertising, promotional materials, pyramid schemes,
chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not
obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or
otherwise objectionable (as determined by us).
- Your Contributions do not
ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used
to harass or threaten (in the legal sense of those terms) any other person and
to promote violence against a specific person or class of people.
- Your Contributions do not
violate any applicable law, regulation, or rule.
- Your Contributions do not
violate the privacy or publicity rights of any third party.
- Your Contributions do not
violate any applicable law concerning child pornography, or otherwise intended
to protect the health or well-being of minors.
- Your Contributions do not
include any offensive comments that are connected to race, national origin,
gender, sexual preference, or physical handicap.
- Your Contributions do not
otherwise violate, or link to material that violates, any provision of these
Terms of Use, or any applicable law or regulation.
Any use of
the Site in violation of the foregoing violates these Terms of Use and may result
in, among other things, termination or suspension of your rights to use the
Site.
You agree that we may
access, store, process, and use any information and personal data that you provide following the
terms of the Privacy Policy and your choices (including settings).
By submitting
suggestions or other feedback regarding the Site, you agree that we can use and share such
feedback for any purpose without compensation to you.
We do not assert any
ownership over your Contributions. You retain full ownership of all of your Contributions and
any intellectual property rights or other proprietary rights associated with your Contributions.
We are not liable for any statements or representations in your Contributions provided by you in
any area on the Site. You are solely responsible for your Contributions to the Site and you
expressly agree to exonerate us from any and all responsibility and to refrain from any legal
action against us regarding your Contributions.
7. SUBMISSIONS
You acknowledge and agree that any questions, comments,
suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by
you to us are non-confidential and shall become our sole property. We shall own exclusive rights,
including all intellectual property rights, and shall be entitled to the unrestricted use and
dissemination of these Submissions for any lawful purpose, commercial or otherwise, without
acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions,
and you hereby warrant that any such Submissions are original with you or that you have the right to
submit such Submissions. You agree there shall be no recourse against us for any alleged or actual
infringement or misappropriation of any proprietary right in your Submissions.
8. THIRD-PARTY
WEBSITE AND CONTENT
The Site may contain (or you may be sent via the Site)
links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics,
pictures, designs, music, sound, video, information, applications, software, and other content or items
belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and
Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or
completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or
any Third-Party Content posted on, available through, or installed from the Site, including the content,
accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in
the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or
installation of any Third-Party Websites or any Third-Party Content does not imply approval or
endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use
or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of
Use no longer govern. You should review the applicable terms and policies, including privacy and data
gathering practices, of any website to which you navigate from the Site or relating to any applications
you use or install from the Site. Any purchases you make through Third-Party Websites will be through
other websites and from other companies, and we take no responsibility whatsoever in relation to such
purchases which are exclusively between you and the applicable third party. You agree and acknowledge
that we do not endorse the products or services offered on Third-Party Websites and you shall hold us
harmless from any harm caused by your purchase of such products or services. Additionally, you shall
hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any
way from any Third-Party Content or any contact with Third-Party Websites.
We allow advertisers to display their advertisements and
other information in certain areas of the Site, such as sidebar advertisements or banner
advertisements. If you are an advertiser, you shall take full responsibility for any
advertisements you place on the Site and any services provided on the Site or products
sold through those advertisements. Further, as an advertiser, you warrant and represent
that you possess all rights and authority to place advertisements on the Site,
including, but not limited to, intellectual property rights, publicity rights, and
contractual rights.
We simply provide the space to place such advertisements, and we have no other relationship with
advertisers.
We reserve the
right, but not the obligation, to: (1) monitor the Site for violations of
these Terms of Use; (2) take appropriate legal action against anyone who, in
our sole discretion, violates the law or these Terms of Use, including without
limitation, reporting such user to law enforcement authorities; (3) in our sole
discretion and without limitation, refuse, restrict access to, limit the
availability of, or disable (to the extent technologically feasible) any of
your Contributions or any portion thereof; (4) in our sole discretion and
without limitation, notice, or liability, to remove from the Site or otherwise
disable all files and content that are excessive in size or are in any way
burdensome to our systems; and (5) otherwise manage the Site in a manner
designed to protect our rights and property and to facilitate the proper
functioning of the Site.
11. PRIVACY
POLICY
We care about data privacy and security. Please review our Privacy
Policy: https://cardlistr.com/privacy-policy. By using the Site, you agree to be bound by
our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the
Site is hosted in
the United States
. If you access the Site from any other region of the world with laws or other
requirements governing personal data collection, use, or disclosure that differ from
applicable laws in
the United States
, then through your continued use of the Site, you are transferring your data to
the United States
, and you agree to have your data transferred to and processed in
the United States
.
These Terms of
Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION
OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY,
DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY
REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR
COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR
USE OR PARTICIPATION IN THE SITE OR DELETE
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME,
WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate
or suspend your account for any reason, you are prohibited from registering and
creating a new account under your name, a fake or borrowed name, or the name of
any third party, even if you may be acting on behalf of the third party. In
addition to terminating or suspending your account, we reserve the right to
take appropriate legal action, including without limitation pursuing civil,
criminal, and injunctive redress.
13. MODIFICATIONS
AND INTERRUPTIONS
We reserve the right to change, modify, or remove the
contents of the Site at any time or for any reason at our sole discretion without notice. However, we
have no obligation to update any information on our Site. We also reserve the right to modify or
discontinue all or part of the Site without notice at any time. We will not be liable to you or any
third party for any modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee
the Site will be available at all times. We may experience hardware, software,
or other problems or need to perform maintenance related to the Site, resulting
in interruptions, delays, or errors. We
reserve the right to change, revise, update, suspend, discontinue, or otherwise
modify the Site at any time or for any reason without notice to you. You agree that we have no liability
whatsoever for any loss, damage, or inconvenience caused by your inability to
access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use
will be
construed to obligate us to maintain and support the Site or to supply any
corrections, updates, or releases in connection therewith.
These Terms of Use and your use of the Site are governed
by and construed in accordance with the laws of
the State of California
applicable to agreements made and to be entirely performed within
the State of
California
, without regard to its conflict of law principles.
If the
Parties are unable to resolve a Dispute through informal negotiations, the Dispute
(except those Disputes expressly excluded below) will be finally and exclusively
resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU
WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be
commenced and conducted under the Commercial Arbitration Rules of the American
Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary
Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are
available at the AAA website: www.adr.org. Your
arbitration fees and your share of arbitrator compensation shall be governed by the
AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules.
The arbitration may be conducted in person, through the submission of
documents, by phone, or online. The arbitrator will make a decision in writing,
but need not provide a statement of reasons unless requested by either Party.
The arbitrator must follow applicable law, and any award may be challenged if
the arbitrator fails to do so. Except where otherwise required by the applicable
AAA rules or applicable law, the arbitration will take place in
los angeles,
California
. Except as otherwise provided herein, the Parties may litigate in court
to compel arbitration, stay proceedings pending arbitration, or to confirm,
modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any
reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be
commenced or prosecuted in the
state and federal courts
located in
los
angeles,
California
, and the Parties hereby consent to, and waive all defenses of lack of
personal jurisdiction, and forum non conveniens with respect to venue and
jurisdiction in such
state and federal courts
. Application of the United Nations Convention on Contracts for the
International Sale of Goods and the Uniform Computer Information Transaction Act
(UCITA) are excluded from these Terms of Use.
In no event shall any Dispute brought by either Party
related in any way to the Site be commenced more than
one (1) years after the cause of action arose.
If this provision is found to be illegal or unenforceable, then neither Party
will elect to arbitrate any Dispute falling within that portion of this provision
found to be illegal or unenforceable and such Dispute shall be decided by a court of
competent jurisdiction within the courts listed for jurisdiction above, and the
Parties agree to submit to the personal jurisdiction of that court.
The
Parties agree that any arbitration shall be limited to the Dispute
between the Parties individually. To the full extent permitted by
law, (a) no arbitration shall be joined with any other proceeding;
(b) there is no right or authority for any Dispute to be arbitrated
on a class-action basis or to utilize class action procedures; and
(c) there is no right or authority for any Dispute to be brought in
a purported representative capacity on behalf of the general public
or any other persons.
Exceptions to Arbitration
The
Parties agree that the following Disputes are not subject to the
above provisions concerning binding arbitration: (a) any Disputes
seeking to enforce or protect, or concerning the validity of, any of
the intellectual property rights of a Party; (b) any Dispute related
to, or arising from, allegations of theft, piracy, invasion of
privacy, or unauthorized use; and (c) any claim for injunctive
relief. If this provision is found to be illegal or unenforceable,
then neither Party will elect to arbitrate any Dispute falling
within that portion of this provision found to be illegal or
unenforceable and such Dispute shall be decided by a court of
competent jurisdiction within the courts listed for jurisdiction
above, and the Parties agree to submit to the personal jurisdiction
of that court.
There may be
information on the Site that contains typographical errors, inaccuracies, or
omissions, including descriptions, pricing, availability, and various other
information. We reserve the right to
correct any errors, inaccuracies, or omissions and to change or update the
information on the Site at any time, without prior notice.
THE SITE IS PROVIDED
ON AN AS-IS AND AS-AVAILABLE BASIS. YOU
AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE
FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT
THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY
WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY
FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF
OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION
TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH
MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY
ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF
ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE,
OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A
THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A
PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU
AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE
PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU
SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
18. LIMITATIONS
OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR
AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST
REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF
WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED
HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF
THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO
THE
AMOUNT PAID, IF ANY, BY YOU TO US
DURING
THE six (6) mONTH
PERIOD PRIOR TO ANY CAUSE OF ACTION
ARISING
. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF
CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE
ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY
HAVE ADDITIONAL RIGHTS.
You agree to
defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand, including
reasonable attorneys’ fees and expenses, made by any third party due to or
arising out of:
(1) use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations
and warranties set forth in these Terms of Use; (4) your violation of the rights of a
third party, including but not limited to intellectual property rights; or
(5) any overt harmful act toward any
other user of the Site with whom you connected via the Site. Notwithstanding the
foregoing, we reserve the right, at your expense, to assume the exclusive
defense and control of any matter for which you are required to indemnify us,
and you agree to cooperate, at your expense, with our defense of such claims. We
will use reasonable efforts to notify you of any such claim, action, or
proceeding which is subject to this indemnification upon becoming aware of
it.
We will maintain
certain data that you transmit to the Site for the purpose of managing the
performance of the Site, as well as data relating to your use of the Site. Although
we perform regular routine backups
of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Site. You agree
that we shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against us arising from any such
loss or corruption of such data.
21. ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing
online forms constitute electronic communications. You consent to receive electronic
communications, and you agree that all agreements, notices, disclosures, and other
communications we provide to you electronically, via email and on the Site, satisfy
any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE
USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO
ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR
COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under
any statutes, regulations, rules, ordinances, or other laws in any jurisdiction
which require an original signature or delivery or retention of non-electronic
records, or to payments or the granting of credits by any means other than
electronic means.
22. CALIFORNIA
USERS AND RESIDENTS
If any complaint
with us is not satisfactorily resolved, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N
112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.
These Terms of Use and any policies or operating rules
posted by us on the Site or in respect to the Site constitute the entire agreement
and understanding between you and us. Our failure to exercise or enforce any right
or provision of these Terms of Use shall not operate as a waiver of such right or
provision. These Terms of Use operate to the fullest extent permissible by law. We
may assign any or all of our rights and obligations to others at any time. We shall
not be responsible or liable for any loss, damage, delay, or failure to act caused
by any cause beyond our reasonable control. If any provision or part of a provision
of these Terms of Use is determined to be unlawful, void, or unenforceable, that
provision or part of the provision is deemed severable from these Terms of Use and
does not affect the validity and enforceability of any remaining provisions. There
is no joint venture, partnership, employment or agency relationship created between
you and us as a result of these Terms of Use or use of the Site. You agree that
these Terms of Use will not be construed against us by virtue of having drafted
them. You hereby waive any and all defenses you may have based on the electronic
form of these Terms of Use and the lack of signing by the parties hereto to execute
these Terms of Use.
In order to resolve a complaint regarding the Site or to
receive further information regarding use of the Site, please contact us
at:
RTT Web
__________
United States
Phone:
__________
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