Definitions: In this document, RISMedia, Inc., The Relocation Information Services, Inc. and RISMedia’s Automated Content Engagement (ACE), “we” and “employees” are collectively, “the Company.” The terms “you,” “subscriber” and “member” pertain to you, the purchaser of services from the Company.
Scope of Services: RISMedia’s Automated Content Engagement (ACE) service is designed to help maximize our subscribers’ social media marketing, email marketing, branding and lead generation. ACE helps build our subscribers’ brand through providing professionally written consumer-based real estate content through social media. By broadening our subscribers’ social media visibility, promoting their brand and reinforcing our subscribers’ thought leadership and local market positioning, ACE seeks to improve subscriber opportunities to do business with prospective customers. To accomplish this, we require access to subscribers’ social media account(s) (depending upon our subscribers’ program(s)). This provides the Company with the agreed upon Scope of Services of posting information on several social media outlets, including Facebook, LinkedIn, and Twitter on our subscribers’ behalf. The posting service may be available to subscribers for use on other social media outlets in the future as well.
As a subscriber of RISMedia’s Automated Content Engagement (ACE), you acknowledge and agree and give the Company express permission to access your social media account(s) to publish posts and/or perform any other action associated with the Company’s social media services. Tweets/posts will be coming directly from your account(s), under your name. You will be granting the Company permission through your social media provider to post content to your account(s) on your behalf as detailed in this agreement.
The Company will write, brand and post/publish the selected information to your social media account(s). All posted/published information will be branded with the subscriber’s supplied information. Subscriber’s information included on all branded pages may contain links to the subscriber’s website and listing information. Company content is created for our subscribers in order to create the most interest from friends, likes and other prospects subscribers have identified as having demonstrated an interest in selling, buying, investing, maintaining and/or improving their home. The Company makes no guarantees that all the content published or posted supports your personal, business, or brand philosophy, however, the content is created to provide information subscribers’ prospects may find interesting and relevant.
Although the Company is writing and publishing your posts, the subscriber maintains full responsibility for the content and links associated with each post, including compliance with all domestic and international laws governing your business and your online activities. The Company will be sending the subscriber an email each day, identifying the published post, and it is the subscriber’s full responsibility to review and delete any posts the subscriber does not want published on their social media pages.
The Company will make every effort to provide error-free and accurately reported information. Should an error occur, the Company will correct it as soon as the Company is made aware of such an error. The subscriber is fully responsible for complying with terms of service, rules, restrictions and other guidelines of Facebook, LinkedIn, and Twitter along with any other sites on which the Company content is distributed and published. Despite the fact that the Company is writing and posting your tweets/posts, scheduling and/or automating your tweets/posts, you the subscriber maintain full responsibility for all actions associated with your subscriber accounts. Facebook, LinkedIn, Twitter (and when we make them available – any other social media networks) have the right to terminate your accounts with them indefinitely. If this happens, the Company has no ability to recover your account(s) on your behalf; this responsibility is the subscriber’s. If your social media account(s) should be terminated, you agree to hold the Company harmless for any damage caused to you or others by this action. There is no long-term commitment contract with the Company; subscribers may cancel their subscription at any time prior to your next billing cycle.
Members/Subscribers of RISMedia’s content platforms, which include RISMedia, RISMedia Content Solutions, RISMedia’s Real Estate Information Network (RREIN), RISMedia’s RREINAgent, RISMedia’s REsource, RISMedia’s ACE, and Pop-A-Note, are permitted to license RISMedia content for reproduction on Member/Subscriber web-based applications, including but not limited to Member/Subscriber website(s), email newsletter(s), blog(s), social media site(s), marketing materials, etc. and print publications. However, Member/Subscriber is strictly prohibited from sublicensing, assigning, transferring, pledging, offering as security, providing access, using or posting RISMedia Content to any third party without express written approval from RISMedia.
The Company will cease to provide services to subscribers past the expiration or cancellation date of the subscription. The Company has the right to refuse service to any prospective subscriber. The Company reserves the right to cancel any subscriber membership without prior advance notice if we suspect in our sole discretion that a client may be engaging in any illegal activity. The Company will not be liable to you for a refund of fees or for any damages, direct or indirect, for such refusal or cancellation.
Registration Data and Privacy: In order to access the services on this site, you will be required to use an account and password that can be obtained by completing the online registration form, which requests certain information and data required. The data we collect is subject to the Company’s Privacy Policy. In some cases, the Company uses the services of third parties to assist in publishing/posting social media content, however, the Company does not sell or share confidential data with third-parties other than to complete the terms of this agreement.
Acceptance of these Terms: By filling in your information and subscribing to our services, YOU AGREE TO BE BOUND BY AND ACCEPT THESE TERMS OF SERVICE, AS WELL AS THE COMPANY’S TERMS OF USE POSTED ON ITS SITE, WHICH ARE INCORPORATED HEREIN BY REFERENCE.
Intellectual Property Information: For purposes of this Terms of Service, “content” is defined as any information, data, communications, software, photos, video, graphics, music, sounds, and the entire contents of RISMedia.com, The Relocation Information Services, Inc. and RISMedia’s Automated Content Engagement (ACE) services herein known as the “Company” are copyrighted as a collective work under the United States copyright laws. By accepting these Terms of Service, you acknowledge and agree that all content presented to you on this site and by the Company is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of the Company and/or its Affiliates. You are only permitted to use the content as expressly authorized by the Company. You, the subscriber, may not without prior written permission from the Company modify this agreement. Any unauthorized use of Company content may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of the “Company.”
Hold Harmless and Sole Remedy: You agree to hold the Company harmless for any damages caused by errors, typos, inoperable links, incorrect information, or other information or links contained in your tweets/posts. You agree to hold us harmless and indemnify us fully for any claims or damages caused by a violation of any domestic or international law that governs your business or your online activities (see “Indemnification” below).
You acknowledge and agree that the Company liability is limited to the amount equal to the fee charged to you for one month subscription of our services. The Company warrants that the content provided is owned by the Company; the content may not be used for any purposes other than through ACE to populate the social media sites of Company subscriber customers in good standing. Content labeled “exclusive” (articles, videos, infographics and webinars) in the dropdown ACE menu may be used for blogs, newsletters and other purposes for members in good standing.
Results described in testimonials on our websites, blogs and social media accounts are not typical. Results vary for each subscriber customer.
In addition, the particular technical specifications and settings of your computer and its display could affect the accuracy of its display of services offered. If any service you purchase from the Company is not as described, your sole remedy is to cancel your subscription. No refunds will be given under any circumstances.
Pricing and Taxes: The prices displayed by the Company are quoted in USD dollars. For purchases made outside of the United States, your pricing might vary or be subject to import/export taxes or duties, or other types of taxes, for which you are fully and solely responsible. The Company offers several different pricing models for real estate brokerage companies, real estate agents and real estate agent teams, as well as other service providers. After 12 months of service, brokerage companies’ monthly membership fee, unless otherwise stated in writing, will be $175 per month for the standard brokerage ACE service and $39.95 per month for the first 12 months of agent-based service. Some brokerage members have enrolled in an agreement that covers service for their company as well as their agents. These agreements, along with all ACE agreements, include a 5 percent annual increase in subscription fees and is applied to all members’ monthly rate at the start of each new 12-month enrollment. Enrollment is an automatic renewal starting at the end of 12 months of service.
If the Company determines your purchase is subject to sales or other tax, a separate charge for taxes will be shown on your order form or invoice, and you will be fully responsible for paying that tax before services can be delivered or continued.
Individual Agent Pricing: There are three pricing options for individual agents which include: 1) a monthly auto-renewal subscription at $39.95 per month, no contract required; 2) a 6-month subscriptions for $209.70 (12% off regular monthly subscription), 6-month contract required; and 3) a 12-month subscription for $359.40 (25% off regular monthly subscription), 12-month contract required.
Each of the memberships includes a 14-day free trial. Your credit card will be charged 14 days after you sign up if you do not cancel in the first 14 days. Memberships automatically renew at each of their respective periods – monthly, every 6 months or 12 months, per your selected plan. The 6 and 12-month plans require a contractual commitment for the initial respective cycles. After the initial cycle, subscribers may cancel in writing any time prior to the start of the next respective renewal period. Monthly subscribers may cancel in writing any time.
You may notice an initial $1 charge to your payment method. This is a temporary preauthorization from your credit card company, basically giving RISMedia the green light to charge your card for the ACE membership fee at the end of your trial period. The $1 charge disappears when the actual ACE membership fee is processed – the preauthorization is lifted and the $1 charge doesn’t show up on your final statement.
Payment Methods: The current payment methods available are: credit or charge cards from Visa, MasterCard and American Express. Orders are processed only after a billing address, or other billing information, has been verified. Credit card information that you and credit authorizers provide when you make payments by credit card or electronic check for products, registrations or other services via RISMedia’s website will only be used to process the transactions you request. This information will be provided to and maintained by reputable credit reporting databases, but will never be sold, shared or provided to other third parties.
Cancelling Your Services: Requests to cancel service may be done anytime. Cancellation requests must be done in writing via the Submit a Request form in the ACE Help area or by writing acesupport@rismedia.com. Cancellation requests must be made within the 14 day Free Trial period in order to avoid the initial membership charge.
No Affiliations With Social Media Sites: The Company is a media company and is not affiliated with any other social network company.
Refund Policy: Refunds will not be provided after the 14 day Free Trial period. If you choose to cancel after the 14 day Free Trial RISMedia will cease services, however no refund will be issued. 6 month, and 12 month subscriptions provide severely discounted rates for RISMedia’s Automated Content Engagement service, thus the only cancellation option to avoid membership charge is if cancellation is requested during the initial 14 day Free Trial period. Residents of some states, such as California, are entitled to a full refund during the 3 days after the subscription begins during the Free Trial period. Please note that this 3-day period, or any grace period, commences when the subscription service starts. The reference above refers to the laws applicable to any subscribers’ jurisdiction.
Termination of Use: Subscriber agrees that the Company may, in our sole discretion, terminate or suspend a subscriber’s access to all or part of our service with or without notice and for any reason, including, without limitation, breach of these Terms of Service. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, your right to use the Company’s services immediately ceases. The Company shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by the Company in connection with such termination or suspension.
Disclaimer of Warranties: ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THE SERVICE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES MAY BECOME OUT OF DATE, WE WILL MAKE A COMMITMENT TO UPDATE SUCH MATERIALS.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY CONTENT/MATERIALS THROUGH THE COMPANY’S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the Company’s services, you may have the opportunity to engage in commercial transactions with others. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THE INFORMATION PUBLISHED ON THE SUBSCRIBER’S ACCOUNT, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. THE COMPANY IS NOT A REAL ESTATE BROKERAGE AND DOES NOT SHARE IN NOR PARTICIPATE IN COMMISSIONS THAT MAY RESULT AS A DIRECT OR INDIRECT RESULT OF LEADS GENERATED FOR THE SUBSCRIBER BY ACE SERVICES. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limited Warranty and Disclaimer: The information provided by the Company including, without limitation, text, graphics and links, are provided on an “As Is” basis with no warranty. In addition, we do not represent or warrant that the information accessible via the site is accurate, complete or current. The Company is not responsible for typographical errors. Price and availability information is subject to change without notice.
While it is the Company’s goal to increase our subscribers’ followers on social media, the Company cannot guarantee that your followers, reputation, business or your “likes” will be increased or improved by the use of our services, and we hereby disclaim and you release us from any and all damage, claims or other liability for the affect our Services has on your business, reputation, online following or the like.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE – THE COMPANY AND/OR THE COMPANY EMPLOYEES – DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES PROVIDED, AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. YOU AGREE AND ACKNOWLEDGE THAT YOU USE OUR SERVICES AND OUR SITE AT YOUR OWN RISK.
The subscriber understands and agrees that temporary interruptions of the Company services may occur as normal events. You further understand and agree that the Company has no control over outside services or sites and therefore, delays and disruption of other network transmissions are completely beyond our control. The Company may, from time to time, need to interrupt the service for maintenance and other operational reasons, as determined in its sole discretion. For any interruptions, the Company will add additional posts to make up for posts missed. In all other cases, you hereby release and agree to defend, indemnify, and hold harmless the Company and their respective officers, directors, employees, consultants, agents, representatives and contractors from and against any and all claims, costs (including without limitation attorneys’ fees), injuries, losses, or damages arising in connection with such interruptions.
SUBSCRIBER SPECIAL TERMS APPLICABLE TO FACEBOOK PLATFORM APPLICATION:
Facebook requires that we notify subscribers that we will be including pre-written messages with ACE auto posts and that by accepting these terms you agree to this. Subscribers may delete or change the message.
Facebook requires that the Company notify you and require you the subscriber agree to all of the following terms and conditions in connection with your use of the Facebook platform:
- Introduction: The terms and conditions below describe the terms applicable to your installation and use of certain applications which use the Facebook Platform (as defined below) to access certain information about you that is available from the www.facebook.com website (the “Facebook Site”) or to retrieve authorized data from third-party sites for use on the Facebook Site (“Platform Applications”).
The “Facebook Platform” is a set of application programming interfaces (APIs) and services provided by Facebook which makes this information available to Platform Applications and allows Facebook and third-party developers (“Developers”) to develop new features and applications that we hope will enhance your ability to interact with people in your life in new and interesting ways.
PLEASE NOTE: The Facebook Platform does not give Developers access to your email address, personal website, instant messenger ID, telephone number or street address (“Contact Information”). Facebook will only disclose your Contact Information to third parties in accordance with the Facebook Privacy Policy.
- Consent Regarding Use of Facebook Site Information: Information That May Be Provided to Developers. In order to allow you to use and participate in Platform Applications created by Developers (“Developer Applications”), Facebook may from time to time provide Developers access to the following information (collectively, the “Facebook Site Information”):
(a) any information provided by you and visible to you on the Facebook Site, excluding any of your Contact Information, and
(b) the user ID associated with your Facebook Site profile.
(c) Examples of Facebook Site Information. The Facebook Site Information may include, without limitation, the following information, to the extent visible on the Facebook Site: your name, your profile picture, your gender, your birthday, your hometown location (city/state/country), your current location (city/state/country), your political views, your activities, your interests, your musical preferences, television shows in which you are interested, movies in which you are interested, books in which you are interested, your favorite quotes, the text of your “About Me” section, your relationship status, your dating interests, your relationship interests, your summer plans, your Facebook user network affiliations, your education history, your work history, your course information, copies of photos in your Facebook Site photo albums, metadata associated with your Facebook Site photo albums (e.g., time of upload, album name, comments on your photos, etc.), the total number of messages sent and/or received by you, the total number of unread messages in your Facebook inbox, the total number of “pokes” you have sent and/or received, the total number of wall posts on your Wall, a list of user IDs mapped to your Facebook friends, your social timeline, and events associated with your Facebook profile.
(d) Privacy Settings: You may revoke or modify your permission for Facebook to provide Facebook Site Information to Developers at any time through the means provided in your privacy settings.
(e) Developer Agreement. Before providing any information to any Developer through the Facebook Platform, Facebook requires each Developer to enter into an agreement (a “Developer Agreement”), which, among other things, strictly limits their collection, use, and storage of Facebook Site Information. Our standard Developer Agreement consists of the Facebook Developer Terms and Conditions and the related Facebook Platform Application Guidelines. We may from time to time enter into separate agreements with certain third party Developers that contain different or additional terms, provided however, that each such separate agreement will require the third party Developer to only display your information in accordance with your Facebook privacy settings. The standard Developer Agreement is subject to change without prior notice at any time, in the Company’s sole discretion, so you should review these terms from time to time. However, Facebook cannot guarantee that each Developer will comply with its contractual requirements, and Facebook does not assume any liability or responsibility for any of Developer’s actions, Developer Applications or websites, or for enforcing any Developer Agreement against any Developer.
(f) Facebook Applications. Platform Applications developed by Facebook (“Facebook Applications”) may also make use of Facebook Site Information. Facebook will use and disclose Facebook Site Information in connection with Facebook Applications only in accordance with the Facebook Privacy Policy.
III. Use of Platform Applications: (a) Developer Applications. When you install a Developer Application, you understand that such Developer Application has not been approved, endorsed, or reviewed in any manner by Facebook, and we are not responsible for your use of or inability to use any Developer Applications, including without limitation the content, accuracy, or reliability of such Developer Application and the privacy practices or other policies of the Developer. YOU USE SUCH DEVELOPER APPLICATIONS AT YOUR OWN RISK. Developers may require you to agree to their own terms of service, privacy policies and/or other policies as a condition of using Developer Applications. Those terms and/or policies may give Developers rights with respect to your Facebook Site Information beyond those provided by the Developer Agreement. PLEASE REVIEW EACH DEVELOPER’S TERMS AND/OR POLICIES CAREFULLY.
(b) Facebook Terms of Service. You understand and agree that your use of any Platform Application is subject to, and you agree to comply with, all terms and conditions of the Facebook Site Terms of Service, including without limitations all disclaimers and limitations of liability contained therein. To the extent these Platform Application Terms of Service directly contradict such Facebook Site Terms of Service, these Platform Application Terms of Service shall control: Without limiting the foregoing, all restrictions on user conduct set forth in the Facebook Site Terms of Service, also apply to your use of and all information and content you provide on or through any Platform Applications, and to your conduct in using any Platform Applications;
(c) You acknowledge that Developers or Facebook or its licensors own all right, title and interest in and to any and all Platform Applications, portions thereof, and/or content or software provided through or in conjunction with any Platform Applications, including without limitation any and all patent, copyright, trademark, trade secret and other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You also agree to not remove, obscure, or alter Facebook’s or any third party’s copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through any Platform Applications. You agree not to modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any Platform Applications; and
(d) Facebook Applications. Facebook Applications are made available to you for your personal, non-commercial use only. If you want to sell, license or otherwise distribute any Facebook Application, reproduce or modify any Facebook Application, or use any Facebook Application for any commercial purpose, you must obtain Facebook’s prior written consent. Facebook may require you to agree to additional or different Terms of Service and may notify you of additional or different policies that may apply to particular Facebook Applications.
(e) ALL PLATFORM APPLICATIONS ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. FACEBOOK EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. FACEBOOK FURTHER EXPRESSLY DISCLAIMS ANY WARRANTIES REGARDING THE RELIABILITY, TIMELINESS, AVAILABILITY AND/OR PERFORMANCE OF ANY PLATFORM APPLICATIONS. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD, INSTALL AND/OR USE ANY PLATFORM APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD, INSTALLATION OR USE OF ANY PLATFORM APPLICATIONS. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
(f) RELEASE AND DISCLAIMER. YOU HEREBY IRREVOCABLY RELEASE AND AGREE TO HOLD HARMLESS FACEBOOK AND ITS AFFILIATES, AND EACH OF THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND REPRESENTATIVES, FROM ANY AND ALL CLAIMS, COSTS, LOSSES, LIABILITIES AND DAMAGES OF ANY SORT (WHETHER DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHERWISE, AND WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED)), CONTRACT, WARRANTY, STRICT LIABILITY, RELIANCE OR UNDER ANY OTHER THEORY, AND WHETHER OR NOT FACEBOOK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF: (A) YOUR DOWNLOAD, INSTALLATION OR USE OF ANY FACEBOOK APPLICATIONS OR DEVELOPER APPLICATIONS, (B) DELIVERY OF ANY INFORMATION BY FACEBOOK TO ANY DEVELOPER; OR (C) ANY USE BY ANY DEVELOPER OF ANY INFORMATION, WHETHER OR NOT SUCH USE IS IN ACCORDANCE WITH THE DEVELOPER AGREEMENT. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Limitations of Liability: THE COMPANY DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR SERVICES NOT BEING AVAILABLE. THE COMPANY WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, DIRECT, INDIRECT, OR STATUTORY DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF SERVICES WHETHER FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, INFRINGEMENT, TORT, STRICT LIABILITY IN TORT OR OTHERWISE, THE COMPANY SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY YOU FOR THE PURCHASE OF SERVICES UNDER THESE PURCHASE TERMS GIVING RISE TO SUCH LIABILITY.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply.
Indemnification: You agree to defend and indemnify the Company fully and its employees and contractors from any claim, demand, fine, tax, duty, fee, settlement amount or judgment including reasonable attorney’s fees, arising from your failure to comply with these Terms, your violation of any law or of the rights of a third party.
Additional Terms: If any provision of this Terms of Sale is held to be invalid or unenforceable, in whole or in part, such holding shall not affect the validity or enforceability of the other provisions of this agreement and Terms of Service, and any part of such provision not held invalid or unenforceable shall remain in effect.
If such holding of invalidity or unenforceability is based on a measure of liability, performance, or time set as a standard in this Terms of Service, such provision shall be replaced by a legally valid measure of liability, performance, or time which is as close as possible to that originally specified.
Notwithstanding anything herein to the contrary, the “Limited Warranty” and the “Limitation of Liability” language shall survive the termination of this Terms of Service. The provisions of this Terms of Service will inure to the benefit of and be binding upon the Company and its successors and assigns, and you the subscriber and your heirs, executors, administrators, successors, and personal representatives, and all persons you represent and their respective successors, assigns and related persons. You and the persons you represent may not assign your rights and obligations under this Terms of Service without the express prior written consent of the Company, which may be withheld by the Company in its sole discretion. The Company may assign this Terms of Service and its rights and obligations under this Terms of Sale without your consent or the consent of any persons you represent.
THE COMPANY’S FAILURE TO ENFORCE ANY PROVISION OF THE PURCHASE TERMS OR TO ACT WITH RESPECT TO A BREACH OF THE PURCHASE TERMS BY YOU SHALL NOT BE DEEMED A WAIVER OF SUCH PROVISION NOR OF THE COMPANY’S RIGHT TO ACT WITH RESPECT TO SUBSEQUENT OR SIMILAR BREACHES, NOR OF THE COMPANY’S RIGHT TO ENFORCE SUCH PROVISION.
Nothing contained in this Terms of Service shall be deemed to constitute either party as the agent or representative of the other party, and no joint venture or partnership relationship has been created between the parties.
Contacting Us: If you have any questions about these terms of service or need to contact us, please call us at 203-855-1234 or send an email to acesupport@rismedia.com.
