Terms and Conditions for use of the SmartRules.com Services
Effective: July 1, 2007 Updated: February 24 , 2016
1. Acceptance of Agreement.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Service are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Service, except as allowed by Section 4 below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Service. The posting of information or materials on the Service does not constitute a waiver of any right in such information and materials. Some of the content on the site is the copyrighted work of third parties.
3. Trademarks and Service Marks.
SmartRules™ is a registered trademark of RPCD Holdings LLC. The SmartRules™ logo and SmartRules.com are trademarks or service marks of RPCD Holdings LLC. The SmartRules™ Web site, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of RPCD Holdings LLC. The trademarks, service marks and trade dress of SmartRules™ may not be used or reproduced without prior written approval from RPCD Holdings LLC and may not be used in connection with any product or service that is not affiliated with SmartRules™ in any manner that is likely to cause confusion among customers,in any manner that dilutes the rights of SmartRules™ or in any manner that disparages or discredits SmartRules™. Other trademarks that appear on the SmartRules™ Web site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by SmartRules™. Any images of persons or personalities contained on the SmartRules™ Web site are not an indication or endorsement of SmartRules™ or any particular product or our service unless otherwise indicated.
4. Access to the Service
6. Membership and Billing
7. Account Access; Identity Protection
You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account. You are also responsible for maintaining the confidentiality of your account and password and for restricting accessto your computer or mobile device. If you disclose your password to anyone or share your account with other people, you take full responsibility for their actions. Users of public or shared computers or unprotected mobile devices should log out at the completion of each visit to the SmartRules™ Web site. If you find that you’re a victim of identity theft and it involves a SmartRules™ account, you should notify customer service. Then, you should report this instance to all your credit card issuers, as well as your local law enforcement agency. SmartRules™ reserves the right to place any account on hold anytime with or without notification to the subscriber in order to protect itself and its partners from what it believes to be fraudulent activity. SmartRules™ is not obligated to credit or discount a membership for holds placed on the account by either a representative of SmartRules™ or by the automated processes of SmartRules™.
8. Forms, Agreements & Documents.
We may make available through the Service or through other Web sites sample and actual forms, checklists, business documents and legal documents (collectively,”Documents”). All Documents are provided on a non-exclusive license basis only for non-commercial purposes, without any right to re-license, sublicense, distribute, assignor transfer such license. Documents are provided for a charge and without any representations or warranties, express or implied, as to their suitability, legal effect, completeness, currentness, accuracy, and/or appropriateness. THE DOCUMENTS ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITH “ALL FAULTS”, AND WE AND ANY PROVIDER OF THE DOCUMENTS DISCLAIM ANY WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The Documents may be inappropriate for your particular circumstances. Furthermore, state laws may require different or additional provisions to ensure the desired result. You should consult with legal counsel to determine the appropriate legal or business documents necessary for your particular transactions, as the Documents are only samples and may not be applicable to a particular situation. Some Documents are public domain forms or available from public records.
9. RSS Feeds
We offer RSS feeds as a convenient way to pass information about your SmartRules™ account or that is publicly available on the SmartRules™ site to your RSSreader or an RSS-associated website of your choice. RSS stands for Really Simple Syndication. It allows information to be published in a standard XML format that can be accessed via a URL. By using the SmartRules™ RSS feeds you acknowledge and agree to the following: (i) if you use the personalized RSS feeds relating to your own SmartRules™account, you are consenting to the information about your account being transferred to the location of the RSS feed as enabled by you; (ii) while SmartRules™ will not pass personally identifying information in the feed, your use may cause such information to be associated with you (it is your responsibility to handle the feed and your personal information associated with it as you deem appropriate); (iii) you shall not modify the feeds in any way, including the associated attribution to SmartRules™(iv) use of the SmartRules™ RSS feeds is for your personal, non-commercial use and is at your own option and risk. SmartRules™ makes no representation or warranty regarding its RSS feeds and reserves the right to modify or terminate the feeds at any time without notice.
10. No Legal Advice or Attorney-Client Relationship.
Information contained on or made available through the Service is not intended to and does not constitute legal advice, recommendations, mediation or counseling under any circumstance and no attorney-client relationship is formed. We do not warrant or guarantee the accurateness, completeness, adequacy or currency of the information contained in or linked to the Service. Your use of information on the Service or materials linked to the Service is entirely at your own risk. We are not a law firm and the Service is not a lawyer referral service.
Certain sections of, or offerings from, the Service may require you to register. If registration is requested, you agree to provide SmartRules™ with accurate, complete registration information. Your registration must be done using your real name and accurate information. Each registration is for your personal use only. We do not permit (a)any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.
12. Third Party Content.
Third party content may appear on the Service or may be accessible via links from the Service. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Service. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.
13. Unlawful Activity.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
You agree to indemnify, defend and hold RPCD Holdings LLC and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Service.
Your right to use the Service is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 18(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT,SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN RPCD HOLDINGS LLC AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SMARTRULES™ THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR
DOCUMENT IS DISCLAIMED.
17. Limitation of Liability
a. We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Service or any services or products obtainable therefrom, (b) the unavailability or interruption of the Service or any features thereof, (c) your use of the Service, (d) the content contained on the Service, or (e) any delay or failure in performance beyond the control of a Covered Party. b. THE AGGREGATE LIABILITY OF RPCD HOLDINGS LLC AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED THE AMOUNT OF YOUR ACTUAL DIRECT DAMAGES AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST RPCD HOLDINGS LLC AND ANY AFFILIATED PARTY.
18. Use of Information.
19. Third-Party Services.
We may allow access to or advertise certain third-party product or service providers (“Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY SMARTRULES™, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY, OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
20. Third-Party Merchant Policies.
All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
21. Securities Laws.
The Service may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives (particularly with respect to product and service offerings), that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Service, words like “anticipates,” “expects,” “believes,” “estimates,” “seeks,” “plans,” “intends,” “will” and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Service and the information contained herein does not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.
22. Links to other Web Sites.
The Service contains links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by SmartRules™. Inclusion of any linked Web site on our Service does not imply approval or endorsement of the linked Web site by SmartRules™. If you decide to leave our Service and access these third-party sites, you do so at your own risk.
Except as specifically provided herein, you may not use the Service or any materials retrieved from the Service in any fashion that infringes the copyrights or proprietary interests therein. You may not remove or obscure the copyright notice or other notices contained in materials retrieved from the Service.
24. Information and Press Releases.
The Service may contain information and press releases about SmartRules™. We disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by SmartRules™.
25. Legal Compliance.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Service and the Content and Materials provided therein.
Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by RPCD Holdings LLC to collect or recover damages for,or obtain any injunction relating to, Service operations, intellectual property, and our services, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of JAMS. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Burbank, California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or RPCD Holdings LLC may seek any interim or preliminary relief from a court of competent jurisdiction in Burbank, California necessary to protect the rights or property of you and RPCD Holdings LLC pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs incurred through JAMS.
We will respond to disparagement to the fullest extent under California law. For purposes of this Section, “disparage” shall mean any negative statement, whether written or oral, about SmartRules.”