Terms of Service
This Website Development/Business Services Contract ("AGREEMENT') is entered into on initial payment of the first invoice (hereafter "EFFECTIVE DATE") by and between DotNet Holdings LLC DBA RixiVert Technologies and individual or a company paying for services. (Hereafter "CLIENT").
CLIENT is engaging DotNet Holdings LLC DBA RixiVert Technologies for the specific purpose of improving and/or developing an e-commerce storefront, service website, or any other business application or service.
1. Limitations of Services
RixiVert Technologies does not represent or guarantee any increased sales, revenues, profits, or success due to the services provided to CLIENT. RixiVert Technologies is not liable for any loss of sales, revenues, profits, traffic, or rankings to CLIENT. RixiVert Technologies is not liable for any other changes or issues caused by other companies, by the CLIENT, or by any web development company used by CLIENT prior or subsequent to this AGREEMENT.
2. Price
The charges for these web/business services provided by RixiVert Technologies are stated on the initial invoice/quote (hereafter the "INITIAL AMOUNT") and any (if any) recurring charges starting in 30 days after INITIAL AMOUNT (hereafter the "MONTHLY FEES"). The prices set forth herein govern the parties' AGREEMENT notwithstanding any prices listed elsewhere, including in literature, on web pages, or any oral representation made by any person or party to this AGREEMENT. Refunds: No refunds are issued on the services performed. Please refer to your Invoice for more details.
3. Payment Terms
Unless otherwise agreed, payment of the INITIAL SETUP AMOUNT is due in full as of the date and time CLIENT electronically signs this AGREEMENT. CLIENT understands that all discounts offered to CLIENT for services under this AGREEMENT are made as consideration for the CLIENT's full payment of the INITIAL SETUP AMOUNT and the MONTHLY FEES (if any) pursuant to the terms set forth in this AGREEMENT. Should the CLIENT fail to make full payment of the INITIAL SETUP AMOUNT and/or any MONTHLY FEES due, RixiVert Technologies reserves the right to waive all discounts previously offered to CLIENT, and pursue collection efforts for the full retail value of the services that RixiVert Technologies provided under this AGREEMENT, plus reasonable costs and attorneys fees incurred during RixiVert Technologies’ efforts to collect all amounts owed under this AGREEMENT.
4. Client Satisfaction Policy
RixiVert Technologies fully anticipates that CLIENT will be satisfied with the value it receives from the services provided under this AGREEMENT. While results can happen quickly, the time required to realize particular goals may vary widely depending on the nature of products, individual circumstances, and other uncontrollable variables. With this in mind, RixiVert Technologies maintains the following "Client Satisfaction Policy":
CLIENT understands and acknowledges the scope of the services presented in the form of Invoice or Quote and agrees they are purchasing only Invoice/Quote items and not any additional design elements or changes. Additional web/business services will be billed at the rate of U.S. $250 per hour with a 1 hour minimum requirement.
5. Warranty and Disclaimer
RixiVert Technologies does not warrant that the services it performs or the products it provides under this AGREEMENT will meet the CLIENTS requirements or that the services it performs or the products it provides will be uninterrupted or error-free. RixiVert Technologies assumes no responsibility for the results achieved by CLIENT from using RixiVert Technologies’ services beyond what is detailed in the Client Satisfaction Policy in Paragraph 5, supra. RixiVert Technologies does not exercise any control whatsoever over the content of the information passing through the network used by CLIENT. RixiVert Technologies makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. RixiVert Technologies also disclaims any warranty of merchantability or fitness for particular purpose and will not be responsible for any damages that may be suffered by CLIENT, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the CLIENT. Use of any information obtained by CLIENT from RixiVert Technologies is at the CLIENTS own risk, and RixiVert Technologies specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection to and do not represent guarantees of available end to end bandwidth. RixiVert Technologies expressly limits its damages to the CLIENT for any non-accessibility time or other down time to the pro-rate monthly charge during the system unavailability. CLIENT acknowledges and agrees that RixiVert Technologies is not liable for any damage arising as a consequence of such unavailability. In the event that this material is not "server-ready”, RixiVert Technologies may, at its option and at any time, reject this material, including but not limited to after it has been put on RixiVert Technologies’ server. RixiVert Technologies agrees to notify CLIENT immediately of its refusal of the material and offer the CLIENT the opportunity to amend or modify the material to satisfy the needs and/or requirements of RixiVert Technologies. If the CLIENT fails to modify the material, as directed by RixiVert Technologies, within a reasonable period of time, which shall be determined between the parties themselves, the AGREEMENT shall be deemed to be terminated.
In no event will RixiVert Technologies be liable to the CLIENT or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate any of the products or services supplied under this AGREEMENT, including but not limited to the web pages or website, even if RixiVert Technologies has been advised of the possibility of such damages.
6. Term of AGREEMENT
The initial term of this AGREEMENT is stated on the initial invoice commencing on the date the CLIENT electronically signs/pays Invoice (hereafter the "INITIAL TERM").
7. Termination
a. CLIENT may "cancel" this AGREEMENT within three business days of the date that CLIENT electronically signs this AGREEMENT by providing written notice to RixiVert Technologies through any of the following means: (1) USPS certified mail, return receipt requested; (2) email; or (3) facsimile. With respect to written notice, notice will be deemed to be effective on the date it is sent to RixiVert Technologies by CLIENT.
b. CLIENT may "terminate" this AGREEMENT prior to the end of the INITIAL TERM by paying RixiVert Technologies all amounts under this AGREEMENT, including but not limited to the INITIAL SETUP AMOUNT and all MONTHLY FEES (if any) to be paid under this AGREEMENT, and by providing RixiVert Technologies with written notice through any of the following means: (1) USPS certified mail, return receipt requested; (2) email; or (3) facsimile. With respect to written notice, notice will be deemed to be effective on the date it is received from CLIENT by RixiVert Technologies. To be effective, such notice of termination must be received by RixiVert Technologies more than 30 days prior to the end of the INITIAL TERM.
c. The CLIENT may terminate this AGREEMENT during the EXTENSION PERIODS upon full payment of any amounts due, and by providing RixiVert Technologies with written notice through any of the following means: (1) USPS certified mail, return receipt requested; (2) email; or (3) facsimile. With respect to written notice, notice will be deemed to be effective on the date it is received from CLIENT by RixiVert Technologies. Termination shall become effective 30 days after RixiVert Technologies receives the notice.
8. Intellectual Property Rights
a. CLIENT represents to RixiVert Technologies and unconditionally warrants and guarantees that all materials furnished to RixiVert Technologies for inclusion in its web pages, including any and all elements of text, graphics, photos, designs, trademarks, or other artwork are owned by the CLIENT, or that the CLIENT has permission from the rightful owner to use each of these elements on an e-commerce website or for the purpose of marketing an e-commerce website or developing any business website/application. The CLIENT warrants that it has the right to use any and all materials provided to RixiVert Technologies, including and that it has obtained any and all necessary permissions from third parties to license such licensed materials, and that use of the licensed materials in accordance with the terms of this AGREEMENT shall not infringe the intellectual property rights of any third party. The CLIENT shall indemnify and hold RixiVert Technologies harmless for any losses, claims, damages, awards, penalties, or injuries incurred, including reasonable attorneys fees, which arise from any claim by any third party of an alleged infringement of copyright or any other property right arising out of the use of the third-party materials by RixiVert Technologies in accordance with the terms of this AGREEMENT. This indemnity shall survive the termination of this AGREEMENT. NO LIMITATION OF LIABILITY SET FORTH ELSEWHERE IN THIS AGREEMENT IS APPLICABLE TO THIS INDEMNIFICATION.
b. CLIENT acknowledges and agrees that the intellectual property rights to the finished assembled works developed by RixiVert Technologies; including but not limited to all copyrights, trade secrets, proprietary information, and patent rights, are owned by RixiVert Technologies. Upon end/termination of the AGREEMENT and full and final payment of all amounts due and owing, RixiVert Technologies will grant CLIENT a non-exclusive license to use the intellectual property rights to the works developed by RixiVert Technologies. After completion and subject to restrictions on use of third party material, the CLIENT shall have the right to modify the works developed by RixiVert Technologies subject to all applicable licenses. If either party makes any improvements, modifications or other alterations to the works developed by RixiVert Technologies, all rights in such new material shall be owned by RixiVert Technologies in the same manner described above.
c. Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the CLIENT, and remain the property of their respective owners. RixiVert Technologies and its subcontractors retain the right to display graphics and other web design elements as examples of their work in their respective portfolios. If the CLIENT requests to use elements of the works for any purposes not so connected with the website, the parties shall negotiate further licenses to accommodate the request at market value.
d. Notwithstanding any other term of this AGREEMENT, CLIENT acknowledges and agrees that upon any unauthorized breach of this AGREEMENT by CLIENT, RixiVert Technologies owns all rights associated with any website developed by RixiVert Technologies.
9. Confidentiality
During the term of this AGREEMENT and afterward, RixiVert Technologies acknowledges that it is required to treat with complete confidence all trade secrets supplied by the CLIENT to RixiVert Technologies while this AGREEMENT is in effect. This clause shall not prevent the disclosure of trade secrets if such disclosure: a) is required by a court of competent jurisdiction, b) is necessary for the proper performance of RixiVert Technologies’ duties under the terms of this AGREEMENT (including, but not limited to, disclosure to subcontractors performing services for RixiVert Technologies on CLIENT's behalf); or c) if such information has come into the public domain otherwise than through unauthorized disclosure by RixiVert Technologies.
10. Laws Affecting Electronic Commerce
From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. The CLIENT agrees that the CLIENT is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend RixiVert Technologies and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the CLIENT's exercise of Internet electronic commerce.
11. Non-Assignment
The rights and obligations under this AGREEMENT may not be assigned without the written consent of the parties. To the extent the parties agree in writing to an assignment of this AGREEMENT, the original parties to this contract remain obligated hereunder until settlement.
12. Subcontractor Assignment
Notwithstanding Paragraph 11 above, RixiVert Technologies reserves the right to assign subcontractors to performance under this AGREEMENT to insure the right fit for the job as well as on-time completion.
13. Arbitration
In the event a dispute shall arise between the parties to this AGREEMENT, it is hereby agreed that the dispute shall be referred to Washington Arbitration & Mediation Service (WAMS) or another alternate service by agreement of the parties for arbitration in accordance with the Washington Arbitration & Mediation Service "Rules of Arbitration". The arbitrator's decision shall be final and legally binding and judgment may be entered thereon. Each party shall be responsible for its share of the arbitration fees in accordance with the applicable Rules of Arbitration. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator's award, or fails to comply with the arbitrator's award, the other party is entitled to costs of suit, including reasonable attorney's fee for having to compel arbitration or defend or enforce the award.
14. Venue
Regardless of the place of signing of this AGREEMENT or any laws regarding choice of laws, the parties agree that for purposes of venue, this contract was entered into in King County, Washington, and any dispute will be litigated or arbitrated in King County, Washington applying the laws of the State of Washington.
15. Severability
If any provision of this AGREEMENT shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this AGREEMENT and shall not affect the validity and enforceability of any remaining provisions.
16. Conditions Beyond Control Of The Parties
Neither party shall be liable for any failure or delay in performance under this AGREEMENT (other than for delay in the payment of money due and payable hereunder) to the extent said failures or delays are proximately caused by causes beyond that party's reasonable control and occurring without its fault or negligence, including, without limitation, failure of suppliers, subcontractors, and carriers, or party to substantially meet its performance obligations under this AGREEMENT, provided that, as a condition to the claim of non-liability, the party experiencing the difficulty shall give the other prompt written notice, with full details following the occurrence of the cause relied upon. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused.
17. Enforceability After Waiver
Waiver of any provision herein shall not be deemed a waiver of any other provision herein, nor shall waiver of any breach of this AGREEMENT be construed as a continuing waiver of other breaches of the same or other provisions of this AGREEMENT.
18. Relationship to Other Entities
UNLESS STATED OTHERWISE THROUGHOUT THE SERVICES AGREEMENT, THE WEBSITE, OR ANY PRINTED MATERIALS. RIXIVERT TECHNOLOGIES IS NOT AFFILIATED EITHER DIRECTLY OR INDIRECTLY WITH ANY OTHER COMPANY.
CLIENT understands and acknowledges that in entering into this AGREEMENT it is contracting exclusively with RixiVert Technologies.
19. Effect of Electronic Signature and Verification
CLIENT acknowledges and understands that electronically signing this AGREEMENT has the same legal and equitable force and effect as if the CLIENT signed this AGREEMENT with their handwritten signature. By electronically signing this AGREEMENT, the CLIENT agrees to be bound by the terms contained in this AGREEMENT.
For the safety and security of our clients, RixiVert Technologies uses internet tracking technologies that allow us to better verify the identity and location of the individual agreeing to the terms of this contract.
20. Sole Agreement
This AGREEMENT constitutes the sole contract between RixiVert Technologies and the CLIENT regarding the subject of this AGREEMENT. The terms contained within this written AGREEMENT are the exclusive obligations to which the parties are bound.
CLIENT acknowledges and agrees that this written AGREEMENT contains all promises that were made to CLIENT regarding the subject of this AGREEMENT.
If you have any questions regarding this matter, please call us at 800-817-7859 or email mail@rixivert.com.
THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION WHICH AFFECTS YOUR LEGAL RIGHTS AND MAY BE ENFORCED BY THE PARTIES.
Additions to Terms and Conditions
To comply with applicable laws and lawful governmental requests, to protect RixiVert Technologies systems and customers, or to ensure the integrity and operation of RixiVert Technologies business and systems, RixiVert Technologies may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e., name, e-mail address, etc.), IP addressing and traffic information, usage history, and content residing on RixiVert Technologies servers and systems. RixiVert Technologies also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties.
You hereby grant to RixiVert Technologies a limited right to use your trademarks, if any, for the limited purpose of permitting RixiVert Technologies to fulfill its duties under this Agreement. This is not a trademark license and no other rights relating to the trademarks are granted by this Agreement. Specifically, but without limitation, the rights granted by this Agreement do not include the right to sublicense use of your trademarks or to use your trademarks with any other products or services outside the scope of the Services provided under this Agreement. The limited trademark use rights granted under this section terminate upon termination of this Agreement.
IN NO EVENT SHALL RixiVert Technologies HAVE ANY LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF INFORMATION DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION VIA THE SERVICES THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES. RixiVert Technologies SHALL HAVE NO LIABILITY UNDER THIS AGREEMENT OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF RixiVert Technologies HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE LIABILITY OF RixiVert Technologies TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO RixiVert Technologies BY YOU UNDER THIS AGREEMENT DURING THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM ACCRUED. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR THE SERVICES SET BY RixiVert Technologies UNDER THIS AGREEMENT HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, YOU HEREBY RELEASE RixiVert Technologies FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIM IN EXCESS OF THE LIMITATION STATED. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
Terms of Use of www.rixivert.com and www.rixisuite.com
Please read carefully! These Terms of Use set forth important details about your relationship with RixiVert Technologies, including the rights you grant to RixiVert Technologies, restrictions on how you can use this web site, RixiVert Technologies’ liability in the event something goes wrong, and our agreement to resolve disputes via binding arbitration without resort to class action litigation.
This web site or mobile application (the " RixiVert Technologies Site") is owned and operated by RixiVert Technologies on behalf of itself and for its subsidiaries and affiliates (collectively, " RixiVert Technologies," "We" or "Us"). By accessing, using, registering for, or purchasing from the RixiVert Technologies Site, you agree to be bound by these terms of use (the "Terms"). All visitors to and users of any aspects of the RixiVert Technologies Site (collectively, "Users") are bound by these Terms. RixiVert Technologies reserve the right to modify the Terms at any time without prior notice to you, and therefore, RixiVert Technologies recommends that you read these Terms carefully each time you use the RixiVert Technologies Site. By signing in or registering to use the RixiVert Technologies Site, you accept all the provisions of these Terms. If you are unwilling to be bound by these Terms, you should not access, use, register for, or purchase from the RixiVert Technologies Site.
Please note that the guidelines, policies and other terms and conditions of service and use of other web sites affiliated with RixiVert Technologies may vary from these Terms. If a RixiVert Technologies affiliate has separate terms of use for its website(s), or a separate agreement governing its use, the provisions of the affiliate site's terms shall control in the event of a conflict with these Terms. Except as supplemented or superseded as described herein, these Terms apply to the entire network of RixiVert Technologies Sites, and control your use thereof. Except in the event of a conflict, as described in this paragraph, these Terms apply in addition to any other policies or agreements that may apply to you related to any contests, sweepstakes, rewards or loyalty programs, surveys, transactions or purchases of goods or services, or other engagements you have with the RixiVert Technologies Site.
Eligibility
The RixiVert Technologies Site is not targeted towards, nor intended for use by, anyone under the age of 18. By using the RixiVert Technologies Site, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not access, use, register or purchase on the RixiVert Technologies Site. In the event we become aware you are under 18, we will terminate your registration.
Privacy
RixiVert Technologies believes strongly in the protection of the privacy of Users and our customers. Our data collection and use practices are set forth in our Privacy Policy, which we encourage you to review.
Changes to the RixiVert Technologies Site
You agree and understand that the RixiVert Technologies Site, including any and all features available via the RixiVert Technologies Site and any User Content (as defined below), may be modified by us, in our sole discretion, at any time without prior notice. Unless expressly stated otherwise, any new features, new services, enhancements or modifications to the RixiVert Technologies Site implemented after your initial access to the RixiVert Technologies Site shall be subject to these Terms. We do not actively monitor, and undertake no obligation to monitor or modify, any reviews, information, content, data, text, links to third party websites, User profile information, sounds, photographs, graphics, video, messages or other materials uploaded or made available via the RixiVert Technologies Site by or on behalf of any User (all such items provided by or on behalf of Users, collectively, "User Content"). Nonetheless, we reserve the right to investigate and take appropriate action, including legal action, in our sole discretion, against anyone who violates these Terms, including without limitation, by removing any User Content posted in violation of these Terms, terminating the registration of such violators or blocking such violators' use of the RixiVert Technologies Site.
Registration
In order to access some features of the RixiVert Technologies Site, you may be required to register and to select a password and user name, which shall consist of an email address you provide ("User ID"). To register, use the registration form available by clicking the "register" link near the top of any page on the RixiVert Technologies Site. If you register, you agree to provide us with accurate and complete registration information, and to inform us immediately of any updates or other changes to such information. For example, you may not: (i) enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person, or (ii) use as a User ID a name subject to any rights of a person other than yourself without appropriate authorization. Failure to comply with the terms of this paragraph shall constitute a material breach of these Terms, which may result in immediate termination of your account. In addition, we reserve the right to refuse registration of, or cancel, a User ID in our discretion.
Security
You are responsible for maintaining the confidentiality of your password and you are fully responsible for all activities that occur under your User ID and password, whether or not you authorize such activities. You agree to (a) immediately notify us of any unauthorized use of your User ID or password of which you become aware, and (b) ensure that you exit from your account at the end of each session.
Use of the RixiVert Technologies Site/License/Services
RixiVert Technologies grants you a limited license to make personal use of the RixiVert Technologies Site. This license grant does not include: (a) any resale or commercial use of the RixiVert Technologies Site or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the RixiVert Technologies Site and its contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods on the RixiVert Technologies Site. Except as noted above, Users of the RixiVert Technologies Site are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of RixiVert Technologies or any third party.
You may not use, frame or utilize framing techniques to enclose any RixiVert Technologies trademark, logo, content or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without RixiVert Technologies' express written consent. Further, you may not use any meta tags or any other "hidden text" utilizing a RixiVert Technologies name, trademark, or product name without RixiVert Technologies' express written consent.
Any unauthorized use of the RixiVert Technologies Site will terminate the permission or license granted by these Terms and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes. All violators will be prosecuted to the fullest extent of the law.
Permitted uses of the RixiVert Technologies Site include soliciting opinions, ideas and other input from Users; sharing ideas and opinions with other Users, searching the RixiVert Technologies Site for User Content (as defined herein) and business or product information, and purchasing services from the RixiVert Technologies Site for personal use, not for resale. You acknowledge and agree that we do not control the User Content posted to the RixiVert Technologies Site, or any links to other websites, including the content of any messages posted by Users, and that we do not guarantee the accuracy, integrity or quality of any User Content. You further understand and agree that (i) we do not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements or other User Content posted on or otherwise displayed on or transmitted via the RixiVert Technologies Site, or (ii) we do not make any promises, guarantees or warranties with respect to any of the User Content or products, services, information, content or materials featured or mentioned on the RixiVert Technologies Site. All User Content, including advice and opinions posted by Users, comprises the views and responsibility of those who post such User Content, and does not necessarily represent the views of RixiVert Technologies. You understand that, by using the RixiVert Technologies Site, you may be exposed to User Content that is offensive, indecent or objectionable.
IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS OF ANY NATURE WHATSOEVER ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY USER CONTENT, ANY ERROR OR OMISSION IN ANY USER CONTENT, ANY CLAIM THAT ANY USER CONTENT IS DEFAMATORY, LIBELOUS OR VIOLATES ANY RIGHT OF ANY THIRD PARTY, OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY. YOU EXPRESSLY AGREE THAT YOU BEAR ANY AND ALL RISKS ASSOCIATED WITH YOUR ACCESS TO, CONTRIBUTION TO, USE OF AND/OR RELIANCE ON USER CONTENT.
Restrictions on Rights to Use
Without limiting the generality of any other provisions of these Terms, you agree you shall not (and you agree not to allow any other individual or entity using your User ID to): download, modify, reproduce, adapt, translate, reverse engineer, create derivative works based upon, publicly display, sell, rent, license, or in any way commercially exploit any portion of the RixiVert Technologies Site, except and to the extent expressly permitted under these Terms; remove any copyright, trademark or other proprietary rights notice contained in or on the RixiVert Technologies Site; use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the RixiVert Technologies Site; collect any information about other Users (including usernames and/or email addresses) for any purpose other than to solicit and/or share reviews with other Users; reformat or frame any portion of any Web pages that are part of the RixiVert Technologies Site; create user accounts by automated means or under false or fraudulent pretenses; create or transmit to other Users unsolicited electronic communications, such as "spam," or otherwise interfere with other Users' enjoyment of the RixiVert Technologies Site; submit to the RixiVert Technologies Site any content that falsely states or implies that such content is sponsored or endorsed by us; transmit or upload to the RixiVert Technologies Site any item containing or embodying any virus, worm, defect, Trojan horse, software bomb or other feature designed to damage or degrade in any manner the performance of the RixiVert Technologies Site, any other Web site, or any computer or other device or system, or the enjoyment of the RixiVert Technologies Site by any User;
use the RixiVert Technologies Site to violate the security of or gain unauthorized access to any computer or computer network or other device or system (including unauthorized attempts to discover passwords or security encryption codes);
submit to the RixiVert Technologies Site any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity; or otherwise use the RixiVert Technologies Site to transfer or store illegal material, including any material deemed threatening or obscene; take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large data or traffic load on the RixiVert Technologies Site or the IT infrastructure used to operate and make the RixiVert Technologies Site available; use the RixiVert Technologies Site and/ or any User Content, intentionally or unintentionally, to violate any applicable local, state, federal or international law; or collect or store personal data about other Users in connection with the prohibited activities described in this paragraph.
Ownership
As between you and us, the RixiVert Technologies Site, including all photographs, images, text, graphics, icons, audio clips, software and other aspects thereof (excluding User Content), all improvements or modifications thereof, all derivative works based thereon, and the collection, arrangement, and assembly of the RixiVert Technologies Site, including all copyrights, trademarks, and other intellectual property or proprietary rights in the foregoing, are owned by us or our licensors. Nothing contained in these Terms shall be deemed to grant to you or any other User any rights, title or interest in or to any copyright, trademark or other proprietary right of ours or any of our licensors.
Any trademarks, service marks, and other marks and indicators of source or origin that are displayed on the RixiVert Technologies Site are the proprietary property of RixiVert Technologies or their respective owners, as applicable. None of such marks may be used in connection with any other product or service in a manner that is likely to cause confusion among consumers, or to disparage or discredit the owner of such mark or its affiliates. Any trademarks of third parties that appear on the RixiVert Technologies Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. You may not use, copy, modify or display any of the trademarks, service marks, names or logos appearing on the RixiVert Technologies Site without the express written permission of the trademark owner.
Nothing in these Terms shall be deemed to grant to you or any other User any license or right in or to any patent, copyright, trademark, trade secret or other proprietary right of RixiVert Technologies.
Disclaimer
YOU EXPRESSLY AGREE THAT YOUR USE OF THE RixiVert Technologies SITE, AND OF ANY USER CONTENT, INFORMATION, ADVICE, SERVICES, PRODUCTS, AND OTHER MATERIALS CONTAINED IN OR DESCRIBED ON THE RixiVert Technologies SITE, IS ENTIRELY AT YOUR OWN RISK, AND THAT ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE MAKE NO, AND HEREBY DISCLAIM ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND/OR USE OF THE RixiVert Technologies SITE, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT PROVIDED VIA THE RixiVert Technologies SITE, AND ALL OTHER CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE RixiVert Technologies SITE, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION AND CONTENT ACCESSIBLE VIA THE RixiVert Technologies SITE IS ACCURATE, COMPLETE OR CURRENT, AND WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM USE OF, INABILITY TO USE, OR RELIANCE ON ANY ASPECT OF THE RixiVert Technologies SITE, INCLUDING BUT NOT LIMITED TO USER CONTENT AND ALL OTHER CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE RixiVert Technologies SITE. FURTHER, WE MAKE NO REPRESENTATIONS AND WARRANTIES THAT THE RixiVert Technologies SITE OR THE USER CONTENT WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM US OR THE RixiVert Technologies SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
Limitation on Liability
IN NO EVENT SHALL RixiVert Technologies OR THEIR RESPECTIVE AFFILIATES, OR THE SHAREHOLDERS, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF ANY OF THE FOREGOING, BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA) ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, UNAVAILABILITY OF, INABILITY TO USE, OR IMPROPER USE OF THE RixiVert Technologies SITE, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT, REVIEWS, ADVICE, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE RixiVert Technologies SITE, OR THE DISCLOSURE OR MISUSE OF ANY USER'S PERSONAL INFORMATION, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. IN ANY EVENT, RixiVert Technologies' RESPECTIVE TOTAL MAXIMUM LIABILITY IN RESPECT OF THE RixiVert Technologies SITE OR ANY PART THEREOF, INCLUDING BUT NOT LIMITED TO THE USER CONTENT, REVIEWS, ADVICE, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE RixiVert Technologies SITE, IN ANY MANNER WHATSOEVER, SHALL BE LIMITED TO ONE HUNDRED UNITED STATES DOLLARS ($100.00). THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.
Indemnity
You agree to indemnify and hold RixiVert Technologies and their respective affiliates, licensors, directors, officers, members, managers, employees, agents, and representatives, harmless from and against any losses, costs, expenses or damages of any nature whatsoever (including attorneys’ fees and court costs) arising from any claim, cause of action, suit or demand of any third party due to, arising out of or related to (i) your access to the RixiVert Technologies Site, (ii) your use of the RixiVert Technologies Site, (iii) any User Content posted, uploaded or transmitted by you, (iv) your use or distribution of any User Content, (v) your violation of these Terms of Use, (vi) any use of your User ID or password by you or any third party, or (vii) the infringement or other violation by you, or any third party using your account or User ID or password, of any intellectual property or other right of any person or entity.
Third Party Advertisements and Links to Third Party Sites
We may display advertisements from third parties on the RixiVert Technologies Site, such as banner advertisements, pop-up texts, and links to third party sites. We are not responsible for the content of such advertisements or links, or for any products, services or other materials relating to such advertisements, any linked site, or any link contained in a linked site. The display of any advertisement or link does not imply endorsement by us of the advertisement or linked site or any content therein. IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE RixiVert Technologies SITE, ANY PRODUCTS, SERVICES OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD-PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE.
Changes to Terms
We reserve the right to make changes at any time to these Terms. Any modifications to these Terms will be effective upon posting. You agree to review the Terms periodically so that you are aware of any modifications. Your continued use of the RixiVert Technologies Site after any modifications indicates your acceptance of the modified Terms.
Confidential Arbitration
You agree that by entering into these Terms, you and RixiVert Technologies are each waiving the right to trial by jury and the ability to participate in a class action.
ALL DISPUTES BETWEEN YOU AND RixiVert Technologies RELATING IN ANY WAY TO THE RixiVert Technologies SITE (INCLUDING WITHOUT LIMITATION ORDERS MADE FROM THE RixiVert Technologies SITE, RixiVert Technologies’ ADVERTISEMENTS AND DISCLOSURES, EMAIL AND MOBILE SMS (TEXT) MESSAGES RixiVert Technologies SENDS TO YOU, OR RELATING TO THE COLLECTION OR USE OF ANY INFORMATION ABOUT YOU IN CONNECTION WITH THE RixiVert Technologies SITE), THESE TERMS, OR YOUR STATUS AS A USER WILL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN THE FEDERAL JUDICIAL DISTRICT IN WHICH YOU RESIDE, EXCEPT TO THE EXTENT THAT YOU HAVE, IN ANY WAY, VIOLATED OR THREATENED TO VIOLATE ANY COMPANY INTELLECTUAL PROPERTY RIGHT.
TO THE EXTENT PERMITTED BY LAW, YOU WILL NOT AGREE TO ACT AS A REPRESENTATIVE OR A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT AGAINST RixiVert Technologies IN ANY COURT, OR IN ARBITRATION, WITH RESPECT TO ANY CLAIMS RELATING IN ANY WAY TO THE RixiVert Technologies SITE (INCLUDING WITHOUT LIMITATION ORDERS MADE FROM THE RixiVert Technologies SITE, RixiVert Technologies’ ADVERTISEMENTS AND DISCLOSURES, EMAIL AND MOBILE SMS (TEXT) MESSAGES RixiVert Technologies SENDS TO YOU, OR RELATING TO THE COLLECTION OR USE OF ANY INFORMATION ABOUT YOU IN CONNECTION WITH THE RixiVert Technologies SITE), THESE TERMS, OR YOUR STATUS AS A USER. THIS SECTION (CONFIDENTIAL ARBITRATION) WILL SURVIVE THE TERMINATION OF THE RELATIONSHIP BETWEEN YOU AND RixiVert Technologies.
RixiVert Technologies or you may seek injunctive relief in any state or federal court in Sacramento, CA, and Company and you consent to the exclusive jurisdiction and venue in the state and federal courts in Sacramento, CA for injunctive relief purposes.
Applicable law
By visiting the RixiVert Technologies Site, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and RixiVert Technologies.
Miscellaneous
No agency, partnership, joint venture, or employment relationship is created as a result of these Terms, and you do not have any authority of any kind to bind RixiVert Technologies in any respect whatsoever. We may provide you with notices, including those regarding changes to these Terms, by email, regular mail, or postings on the RixiVert Technologies Site. These Terms, which shall be deemed accepted by you upon your use of the RixiVert Technologies Site, constitute the entire agreement among you and RixiVert Technologies regarding use of the RixiVert Technologies Site. RixiVert Technologies' failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of the enforcement of such right or provision. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. These Terms are not assignable, transferable or sublicensable by you, except with our prior written consent. The headings in these Terms are for convenience only and have no legal or contractual effect. These Terms include and incorporate by reference the Privacy Policy for the RixiVert Technologies Site and any notices regarding the RixiVert Technologies Site.
Please mail any claims or concerns to:
DotNet Holdings LLC
Attn: RixiVert Technologies
1401 21st St Ste 4189
Sacramento, CA 95811
CLIENT is engaging DotNet Holdings LLC DBA RixiVert Technologies for the specific purpose of improving and/or developing an e-commerce storefront, service website, or any other business application or service.
1. Limitations of Services
RixiVert Technologies does not represent or guarantee any increased sales, revenues, profits, or success due to the services provided to CLIENT. RixiVert Technologies is not liable for any loss of sales, revenues, profits, traffic, or rankings to CLIENT. RixiVert Technologies is not liable for any other changes or issues caused by other companies, by the CLIENT, or by any web development company used by CLIENT prior or subsequent to this AGREEMENT.
2. Price
The charges for these web/business services provided by RixiVert Technologies are stated on the initial invoice/quote (hereafter the "INITIAL AMOUNT") and any (if any) recurring charges starting in 30 days after INITIAL AMOUNT (hereafter the "MONTHLY FEES"). The prices set forth herein govern the parties' AGREEMENT notwithstanding any prices listed elsewhere, including in literature, on web pages, or any oral representation made by any person or party to this AGREEMENT. Refunds: No refunds are issued on the services performed. Please refer to your Invoice for more details.
3. Payment Terms
Unless otherwise agreed, payment of the INITIAL SETUP AMOUNT is due in full as of the date and time CLIENT electronically signs this AGREEMENT. CLIENT understands that all discounts offered to CLIENT for services under this AGREEMENT are made as consideration for the CLIENT's full payment of the INITIAL SETUP AMOUNT and the MONTHLY FEES (if any) pursuant to the terms set forth in this AGREEMENT. Should the CLIENT fail to make full payment of the INITIAL SETUP AMOUNT and/or any MONTHLY FEES due, RixiVert Technologies reserves the right to waive all discounts previously offered to CLIENT, and pursue collection efforts for the full retail value of the services that RixiVert Technologies provided under this AGREEMENT, plus reasonable costs and attorneys fees incurred during RixiVert Technologies’ efforts to collect all amounts owed under this AGREEMENT.
4. Client Satisfaction Policy
RixiVert Technologies fully anticipates that CLIENT will be satisfied with the value it receives from the services provided under this AGREEMENT. While results can happen quickly, the time required to realize particular goals may vary widely depending on the nature of products, individual circumstances, and other uncontrollable variables. With this in mind, RixiVert Technologies maintains the following "Client Satisfaction Policy":
CLIENT understands and acknowledges the scope of the services presented in the form of Invoice or Quote and agrees they are purchasing only Invoice/Quote items and not any additional design elements or changes. Additional web/business services will be billed at the rate of U.S. $250 per hour with a 1 hour minimum requirement.
5. Warranty and Disclaimer
RixiVert Technologies does not warrant that the services it performs or the products it provides under this AGREEMENT will meet the CLIENTS requirements or that the services it performs or the products it provides will be uninterrupted or error-free. RixiVert Technologies assumes no responsibility for the results achieved by CLIENT from using RixiVert Technologies’ services beyond what is detailed in the Client Satisfaction Policy in Paragraph 5, supra. RixiVert Technologies does not exercise any control whatsoever over the content of the information passing through the network used by CLIENT. RixiVert Technologies makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. RixiVert Technologies also disclaims any warranty of merchantability or fitness for particular purpose and will not be responsible for any damages that may be suffered by CLIENT, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the CLIENT. Use of any information obtained by CLIENT from RixiVert Technologies is at the CLIENTS own risk, and RixiVert Technologies specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection to and do not represent guarantees of available end to end bandwidth. RixiVert Technologies expressly limits its damages to the CLIENT for any non-accessibility time or other down time to the pro-rate monthly charge during the system unavailability. CLIENT acknowledges and agrees that RixiVert Technologies is not liable for any damage arising as a consequence of such unavailability. In the event that this material is not "server-ready”, RixiVert Technologies may, at its option and at any time, reject this material, including but not limited to after it has been put on RixiVert Technologies’ server. RixiVert Technologies agrees to notify CLIENT immediately of its refusal of the material and offer the CLIENT the opportunity to amend or modify the material to satisfy the needs and/or requirements of RixiVert Technologies. If the CLIENT fails to modify the material, as directed by RixiVert Technologies, within a reasonable period of time, which shall be determined between the parties themselves, the AGREEMENT shall be deemed to be terminated.
In no event will RixiVert Technologies be liable to the CLIENT or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate any of the products or services supplied under this AGREEMENT, including but not limited to the web pages or website, even if RixiVert Technologies has been advised of the possibility of such damages.
6. Term of AGREEMENT
The initial term of this AGREEMENT is stated on the initial invoice commencing on the date the CLIENT electronically signs/pays Invoice (hereafter the "INITIAL TERM").
7. Termination
a. CLIENT may "cancel" this AGREEMENT within three business days of the date that CLIENT electronically signs this AGREEMENT by providing written notice to RixiVert Technologies through any of the following means: (1) USPS certified mail, return receipt requested; (2) email; or (3) facsimile. With respect to written notice, notice will be deemed to be effective on the date it is sent to RixiVert Technologies by CLIENT.
b. CLIENT may "terminate" this AGREEMENT prior to the end of the INITIAL TERM by paying RixiVert Technologies all amounts under this AGREEMENT, including but not limited to the INITIAL SETUP AMOUNT and all MONTHLY FEES (if any) to be paid under this AGREEMENT, and by providing RixiVert Technologies with written notice through any of the following means: (1) USPS certified mail, return receipt requested; (2) email; or (3) facsimile. With respect to written notice, notice will be deemed to be effective on the date it is received from CLIENT by RixiVert Technologies. To be effective, such notice of termination must be received by RixiVert Technologies more than 30 days prior to the end of the INITIAL TERM.
c. The CLIENT may terminate this AGREEMENT during the EXTENSION PERIODS upon full payment of any amounts due, and by providing RixiVert Technologies with written notice through any of the following means: (1) USPS certified mail, return receipt requested; (2) email; or (3) facsimile. With respect to written notice, notice will be deemed to be effective on the date it is received from CLIENT by RixiVert Technologies. Termination shall become effective 30 days after RixiVert Technologies receives the notice.
8. Intellectual Property Rights
a. CLIENT represents to RixiVert Technologies and unconditionally warrants and guarantees that all materials furnished to RixiVert Technologies for inclusion in its web pages, including any and all elements of text, graphics, photos, designs, trademarks, or other artwork are owned by the CLIENT, or that the CLIENT has permission from the rightful owner to use each of these elements on an e-commerce website or for the purpose of marketing an e-commerce website or developing any business website/application. The CLIENT warrants that it has the right to use any and all materials provided to RixiVert Technologies, including and that it has obtained any and all necessary permissions from third parties to license such licensed materials, and that use of the licensed materials in accordance with the terms of this AGREEMENT shall not infringe the intellectual property rights of any third party. The CLIENT shall indemnify and hold RixiVert Technologies harmless for any losses, claims, damages, awards, penalties, or injuries incurred, including reasonable attorneys fees, which arise from any claim by any third party of an alleged infringement of copyright or any other property right arising out of the use of the third-party materials by RixiVert Technologies in accordance with the terms of this AGREEMENT. This indemnity shall survive the termination of this AGREEMENT. NO LIMITATION OF LIABILITY SET FORTH ELSEWHERE IN THIS AGREEMENT IS APPLICABLE TO THIS INDEMNIFICATION.
b. CLIENT acknowledges and agrees that the intellectual property rights to the finished assembled works developed by RixiVert Technologies; including but not limited to all copyrights, trade secrets, proprietary information, and patent rights, are owned by RixiVert Technologies. Upon end/termination of the AGREEMENT and full and final payment of all amounts due and owing, RixiVert Technologies will grant CLIENT a non-exclusive license to use the intellectual property rights to the works developed by RixiVert Technologies. After completion and subject to restrictions on use of third party material, the CLIENT shall have the right to modify the works developed by RixiVert Technologies subject to all applicable licenses. If either party makes any improvements, modifications or other alterations to the works developed by RixiVert Technologies, all rights in such new material shall be owned by RixiVert Technologies in the same manner described above.
c. Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the CLIENT, and remain the property of their respective owners. RixiVert Technologies and its subcontractors retain the right to display graphics and other web design elements as examples of their work in their respective portfolios. If the CLIENT requests to use elements of the works for any purposes not so connected with the website, the parties shall negotiate further licenses to accommodate the request at market value.
d. Notwithstanding any other term of this AGREEMENT, CLIENT acknowledges and agrees that upon any unauthorized breach of this AGREEMENT by CLIENT, RixiVert Technologies owns all rights associated with any website developed by RixiVert Technologies.
9. Confidentiality
During the term of this AGREEMENT and afterward, RixiVert Technologies acknowledges that it is required to treat with complete confidence all trade secrets supplied by the CLIENT to RixiVert Technologies while this AGREEMENT is in effect. This clause shall not prevent the disclosure of trade secrets if such disclosure: a) is required by a court of competent jurisdiction, b) is necessary for the proper performance of RixiVert Technologies’ duties under the terms of this AGREEMENT (including, but not limited to, disclosure to subcontractors performing services for RixiVert Technologies on CLIENT's behalf); or c) if such information has come into the public domain otherwise than through unauthorized disclosure by RixiVert Technologies.
10. Laws Affecting Electronic Commerce
From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. The CLIENT agrees that the CLIENT is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend RixiVert Technologies and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the CLIENT's exercise of Internet electronic commerce.
11. Non-Assignment
The rights and obligations under this AGREEMENT may not be assigned without the written consent of the parties. To the extent the parties agree in writing to an assignment of this AGREEMENT, the original parties to this contract remain obligated hereunder until settlement.
12. Subcontractor Assignment
Notwithstanding Paragraph 11 above, RixiVert Technologies reserves the right to assign subcontractors to performance under this AGREEMENT to insure the right fit for the job as well as on-time completion.
13. Arbitration
In the event a dispute shall arise between the parties to this AGREEMENT, it is hereby agreed that the dispute shall be referred to Washington Arbitration & Mediation Service (WAMS) or another alternate service by agreement of the parties for arbitration in accordance with the Washington Arbitration & Mediation Service "Rules of Arbitration". The arbitrator's decision shall be final and legally binding and judgment may be entered thereon. Each party shall be responsible for its share of the arbitration fees in accordance with the applicable Rules of Arbitration. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator's award, or fails to comply with the arbitrator's award, the other party is entitled to costs of suit, including reasonable attorney's fee for having to compel arbitration or defend or enforce the award.
14. Venue
Regardless of the place of signing of this AGREEMENT or any laws regarding choice of laws, the parties agree that for purposes of venue, this contract was entered into in King County, Washington, and any dispute will be litigated or arbitrated in King County, Washington applying the laws of the State of Washington.
15. Severability
If any provision of this AGREEMENT shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this AGREEMENT and shall not affect the validity and enforceability of any remaining provisions.
16. Conditions Beyond Control Of The Parties
Neither party shall be liable for any failure or delay in performance under this AGREEMENT (other than for delay in the payment of money due and payable hereunder) to the extent said failures or delays are proximately caused by causes beyond that party's reasonable control and occurring without its fault or negligence, including, without limitation, failure of suppliers, subcontractors, and carriers, or party to substantially meet its performance obligations under this AGREEMENT, provided that, as a condition to the claim of non-liability, the party experiencing the difficulty shall give the other prompt written notice, with full details following the occurrence of the cause relied upon. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused.
17. Enforceability After Waiver
Waiver of any provision herein shall not be deemed a waiver of any other provision herein, nor shall waiver of any breach of this AGREEMENT be construed as a continuing waiver of other breaches of the same or other provisions of this AGREEMENT.
18. Relationship to Other Entities
UNLESS STATED OTHERWISE THROUGHOUT THE SERVICES AGREEMENT, THE WEBSITE, OR ANY PRINTED MATERIALS. RIXIVERT TECHNOLOGIES IS NOT AFFILIATED EITHER DIRECTLY OR INDIRECTLY WITH ANY OTHER COMPANY.
CLIENT understands and acknowledges that in entering into this AGREEMENT it is contracting exclusively with RixiVert Technologies.
19. Effect of Electronic Signature and Verification
CLIENT acknowledges and understands that electronically signing this AGREEMENT has the same legal and equitable force and effect as if the CLIENT signed this AGREEMENT with their handwritten signature. By electronically signing this AGREEMENT, the CLIENT agrees to be bound by the terms contained in this AGREEMENT.
For the safety and security of our clients, RixiVert Technologies uses internet tracking technologies that allow us to better verify the identity and location of the individual agreeing to the terms of this contract.
20. Sole Agreement
This AGREEMENT constitutes the sole contract between RixiVert Technologies and the CLIENT regarding the subject of this AGREEMENT. The terms contained within this written AGREEMENT are the exclusive obligations to which the parties are bound.
CLIENT acknowledges and agrees that this written AGREEMENT contains all promises that were made to CLIENT regarding the subject of this AGREEMENT.
If you have any questions regarding this matter, please call us at 800-817-7859 or email mail@rixivert.com.
THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION WHICH AFFECTS YOUR LEGAL RIGHTS AND MAY BE ENFORCED BY THE PARTIES.
Additions to Terms and Conditions
To comply with applicable laws and lawful governmental requests, to protect RixiVert Technologies systems and customers, or to ensure the integrity and operation of RixiVert Technologies business and systems, RixiVert Technologies may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e., name, e-mail address, etc.), IP addressing and traffic information, usage history, and content residing on RixiVert Technologies servers and systems. RixiVert Technologies also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties.
You hereby grant to RixiVert Technologies a limited right to use your trademarks, if any, for the limited purpose of permitting RixiVert Technologies to fulfill its duties under this Agreement. This is not a trademark license and no other rights relating to the trademarks are granted by this Agreement. Specifically, but without limitation, the rights granted by this Agreement do not include the right to sublicense use of your trademarks or to use your trademarks with any other products or services outside the scope of the Services provided under this Agreement. The limited trademark use rights granted under this section terminate upon termination of this Agreement.
IN NO EVENT SHALL RixiVert Technologies HAVE ANY LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF INFORMATION DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION VIA THE SERVICES THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES. RixiVert Technologies SHALL HAVE NO LIABILITY UNDER THIS AGREEMENT OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF RixiVert Technologies HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE LIABILITY OF RixiVert Technologies TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO RixiVert Technologies BY YOU UNDER THIS AGREEMENT DURING THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM ACCRUED. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR THE SERVICES SET BY RixiVert Technologies UNDER THIS AGREEMENT HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, YOU HEREBY RELEASE RixiVert Technologies FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIM IN EXCESS OF THE LIMITATION STATED. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
Terms of Use of www.rixivert.com and www.rixisuite.com
Please read carefully! These Terms of Use set forth important details about your relationship with RixiVert Technologies, including the rights you grant to RixiVert Technologies, restrictions on how you can use this web site, RixiVert Technologies’ liability in the event something goes wrong, and our agreement to resolve disputes via binding arbitration without resort to class action litigation.
This web site or mobile application (the " RixiVert Technologies Site") is owned and operated by RixiVert Technologies on behalf of itself and for its subsidiaries and affiliates (collectively, " RixiVert Technologies," "We" or "Us"). By accessing, using, registering for, or purchasing from the RixiVert Technologies Site, you agree to be bound by these terms of use (the "Terms"). All visitors to and users of any aspects of the RixiVert Technologies Site (collectively, "Users") are bound by these Terms. RixiVert Technologies reserve the right to modify the Terms at any time without prior notice to you, and therefore, RixiVert Technologies recommends that you read these Terms carefully each time you use the RixiVert Technologies Site. By signing in or registering to use the RixiVert Technologies Site, you accept all the provisions of these Terms. If you are unwilling to be bound by these Terms, you should not access, use, register for, or purchase from the RixiVert Technologies Site.
Please note that the guidelines, policies and other terms and conditions of service and use of other web sites affiliated with RixiVert Technologies may vary from these Terms. If a RixiVert Technologies affiliate has separate terms of use for its website(s), or a separate agreement governing its use, the provisions of the affiliate site's terms shall control in the event of a conflict with these Terms. Except as supplemented or superseded as described herein, these Terms apply to the entire network of RixiVert Technologies Sites, and control your use thereof. Except in the event of a conflict, as described in this paragraph, these Terms apply in addition to any other policies or agreements that may apply to you related to any contests, sweepstakes, rewards or loyalty programs, surveys, transactions or purchases of goods or services, or other engagements you have with the RixiVert Technologies Site.
Eligibility
The RixiVert Technologies Site is not targeted towards, nor intended for use by, anyone under the age of 18. By using the RixiVert Technologies Site, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not access, use, register or purchase on the RixiVert Technologies Site. In the event we become aware you are under 18, we will terminate your registration.
Privacy
RixiVert Technologies believes strongly in the protection of the privacy of Users and our customers. Our data collection and use practices are set forth in our Privacy Policy, which we encourage you to review.
Changes to the RixiVert Technologies Site
You agree and understand that the RixiVert Technologies Site, including any and all features available via the RixiVert Technologies Site and any User Content (as defined below), may be modified by us, in our sole discretion, at any time without prior notice. Unless expressly stated otherwise, any new features, new services, enhancements or modifications to the RixiVert Technologies Site implemented after your initial access to the RixiVert Technologies Site shall be subject to these Terms. We do not actively monitor, and undertake no obligation to monitor or modify, any reviews, information, content, data, text, links to third party websites, User profile information, sounds, photographs, graphics, video, messages or other materials uploaded or made available via the RixiVert Technologies Site by or on behalf of any User (all such items provided by or on behalf of Users, collectively, "User Content"). Nonetheless, we reserve the right to investigate and take appropriate action, including legal action, in our sole discretion, against anyone who violates these Terms, including without limitation, by removing any User Content posted in violation of these Terms, terminating the registration of such violators or blocking such violators' use of the RixiVert Technologies Site.
Registration
In order to access some features of the RixiVert Technologies Site, you may be required to register and to select a password and user name, which shall consist of an email address you provide ("User ID"). To register, use the registration form available by clicking the "register" link near the top of any page on the RixiVert Technologies Site. If you register, you agree to provide us with accurate and complete registration information, and to inform us immediately of any updates or other changes to such information. For example, you may not: (i) enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person, or (ii) use as a User ID a name subject to any rights of a person other than yourself without appropriate authorization. Failure to comply with the terms of this paragraph shall constitute a material breach of these Terms, which may result in immediate termination of your account. In addition, we reserve the right to refuse registration of, or cancel, a User ID in our discretion.
Security
You are responsible for maintaining the confidentiality of your password and you are fully responsible for all activities that occur under your User ID and password, whether or not you authorize such activities. You agree to (a) immediately notify us of any unauthorized use of your User ID or password of which you become aware, and (b) ensure that you exit from your account at the end of each session.
Use of the RixiVert Technologies Site/License/Services
RixiVert Technologies grants you a limited license to make personal use of the RixiVert Technologies Site. This license grant does not include: (a) any resale or commercial use of the RixiVert Technologies Site or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the RixiVert Technologies Site and its contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods on the RixiVert Technologies Site. Except as noted above, Users of the RixiVert Technologies Site are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of RixiVert Technologies or any third party.
You may not use, frame or utilize framing techniques to enclose any RixiVert Technologies trademark, logo, content or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without RixiVert Technologies' express written consent. Further, you may not use any meta tags or any other "hidden text" utilizing a RixiVert Technologies name, trademark, or product name without RixiVert Technologies' express written consent.
Any unauthorized use of the RixiVert Technologies Site will terminate the permission or license granted by these Terms and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes. All violators will be prosecuted to the fullest extent of the law.
Permitted uses of the RixiVert Technologies Site include soliciting opinions, ideas and other input from Users; sharing ideas and opinions with other Users, searching the RixiVert Technologies Site for User Content (as defined herein) and business or product information, and purchasing services from the RixiVert Technologies Site for personal use, not for resale. You acknowledge and agree that we do not control the User Content posted to the RixiVert Technologies Site, or any links to other websites, including the content of any messages posted by Users, and that we do not guarantee the accuracy, integrity or quality of any User Content. You further understand and agree that (i) we do not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements or other User Content posted on or otherwise displayed on or transmitted via the RixiVert Technologies Site, or (ii) we do not make any promises, guarantees or warranties with respect to any of the User Content or products, services, information, content or materials featured or mentioned on the RixiVert Technologies Site. All User Content, including advice and opinions posted by Users, comprises the views and responsibility of those who post such User Content, and does not necessarily represent the views of RixiVert Technologies. You understand that, by using the RixiVert Technologies Site, you may be exposed to User Content that is offensive, indecent or objectionable.
IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS OF ANY NATURE WHATSOEVER ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY USER CONTENT, ANY ERROR OR OMISSION IN ANY USER CONTENT, ANY CLAIM THAT ANY USER CONTENT IS DEFAMATORY, LIBELOUS OR VIOLATES ANY RIGHT OF ANY THIRD PARTY, OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY. YOU EXPRESSLY AGREE THAT YOU BEAR ANY AND ALL RISKS ASSOCIATED WITH YOUR ACCESS TO, CONTRIBUTION TO, USE OF AND/OR RELIANCE ON USER CONTENT.
Restrictions on Rights to Use
Without limiting the generality of any other provisions of these Terms, you agree you shall not (and you agree not to allow any other individual or entity using your User ID to): download, modify, reproduce, adapt, translate, reverse engineer, create derivative works based upon, publicly display, sell, rent, license, or in any way commercially exploit any portion of the RixiVert Technologies Site, except and to the extent expressly permitted under these Terms; remove any copyright, trademark or other proprietary rights notice contained in or on the RixiVert Technologies Site; use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the RixiVert Technologies Site; collect any information about other Users (including usernames and/or email addresses) for any purpose other than to solicit and/or share reviews with other Users; reformat or frame any portion of any Web pages that are part of the RixiVert Technologies Site; create user accounts by automated means or under false or fraudulent pretenses; create or transmit to other Users unsolicited electronic communications, such as "spam," or otherwise interfere with other Users' enjoyment of the RixiVert Technologies Site; submit to the RixiVert Technologies Site any content that falsely states or implies that such content is sponsored or endorsed by us; transmit or upload to the RixiVert Technologies Site any item containing or embodying any virus, worm, defect, Trojan horse, software bomb or other feature designed to damage or degrade in any manner the performance of the RixiVert Technologies Site, any other Web site, or any computer or other device or system, or the enjoyment of the RixiVert Technologies Site by any User;
use the RixiVert Technologies Site to violate the security of or gain unauthorized access to any computer or computer network or other device or system (including unauthorized attempts to discover passwords or security encryption codes);
submit to the RixiVert Technologies Site any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity; or otherwise use the RixiVert Technologies Site to transfer or store illegal material, including any material deemed threatening or obscene; take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large data or traffic load on the RixiVert Technologies Site or the IT infrastructure used to operate and make the RixiVert Technologies Site available; use the RixiVert Technologies Site and/ or any User Content, intentionally or unintentionally, to violate any applicable local, state, federal or international law; or collect or store personal data about other Users in connection with the prohibited activities described in this paragraph.
Ownership
As between you and us, the RixiVert Technologies Site, including all photographs, images, text, graphics, icons, audio clips, software and other aspects thereof (excluding User Content), all improvements or modifications thereof, all derivative works based thereon, and the collection, arrangement, and assembly of the RixiVert Technologies Site, including all copyrights, trademarks, and other intellectual property or proprietary rights in the foregoing, are owned by us or our licensors. Nothing contained in these Terms shall be deemed to grant to you or any other User any rights, title or interest in or to any copyright, trademark or other proprietary right of ours or any of our licensors.
Any trademarks, service marks, and other marks and indicators of source or origin that are displayed on the RixiVert Technologies Site are the proprietary property of RixiVert Technologies or their respective owners, as applicable. None of such marks may be used in connection with any other product or service in a manner that is likely to cause confusion among consumers, or to disparage or discredit the owner of such mark or its affiliates. Any trademarks of third parties that appear on the RixiVert Technologies Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. You may not use, copy, modify or display any of the trademarks, service marks, names or logos appearing on the RixiVert Technologies Site without the express written permission of the trademark owner.
Nothing in these Terms shall be deemed to grant to you or any other User any license or right in or to any patent, copyright, trademark, trade secret or other proprietary right of RixiVert Technologies.
Disclaimer
YOU EXPRESSLY AGREE THAT YOUR USE OF THE RixiVert Technologies SITE, AND OF ANY USER CONTENT, INFORMATION, ADVICE, SERVICES, PRODUCTS, AND OTHER MATERIALS CONTAINED IN OR DESCRIBED ON THE RixiVert Technologies SITE, IS ENTIRELY AT YOUR OWN RISK, AND THAT ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE MAKE NO, AND HEREBY DISCLAIM ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND/OR USE OF THE RixiVert Technologies SITE, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT PROVIDED VIA THE RixiVert Technologies SITE, AND ALL OTHER CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE RixiVert Technologies SITE, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION AND CONTENT ACCESSIBLE VIA THE RixiVert Technologies SITE IS ACCURATE, COMPLETE OR CURRENT, AND WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM USE OF, INABILITY TO USE, OR RELIANCE ON ANY ASPECT OF THE RixiVert Technologies SITE, INCLUDING BUT NOT LIMITED TO USER CONTENT AND ALL OTHER CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE RixiVert Technologies SITE. FURTHER, WE MAKE NO REPRESENTATIONS AND WARRANTIES THAT THE RixiVert Technologies SITE OR THE USER CONTENT WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM US OR THE RixiVert Technologies SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
Limitation on Liability
IN NO EVENT SHALL RixiVert Technologies OR THEIR RESPECTIVE AFFILIATES, OR THE SHAREHOLDERS, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF ANY OF THE FOREGOING, BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA) ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, UNAVAILABILITY OF, INABILITY TO USE, OR IMPROPER USE OF THE RixiVert Technologies SITE, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT, REVIEWS, ADVICE, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE RixiVert Technologies SITE, OR THE DISCLOSURE OR MISUSE OF ANY USER'S PERSONAL INFORMATION, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. IN ANY EVENT, RixiVert Technologies' RESPECTIVE TOTAL MAXIMUM LIABILITY IN RESPECT OF THE RixiVert Technologies SITE OR ANY PART THEREOF, INCLUDING BUT NOT LIMITED TO THE USER CONTENT, REVIEWS, ADVICE, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE RixiVert Technologies SITE, IN ANY MANNER WHATSOEVER, SHALL BE LIMITED TO ONE HUNDRED UNITED STATES DOLLARS ($100.00). THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.
Indemnity
You agree to indemnify and hold RixiVert Technologies and their respective affiliates, licensors, directors, officers, members, managers, employees, agents, and representatives, harmless from and against any losses, costs, expenses or damages of any nature whatsoever (including attorneys’ fees and court costs) arising from any claim, cause of action, suit or demand of any third party due to, arising out of or related to (i) your access to the RixiVert Technologies Site, (ii) your use of the RixiVert Technologies Site, (iii) any User Content posted, uploaded or transmitted by you, (iv) your use or distribution of any User Content, (v) your violation of these Terms of Use, (vi) any use of your User ID or password by you or any third party, or (vii) the infringement or other violation by you, or any third party using your account or User ID or password, of any intellectual property or other right of any person or entity.
Third Party Advertisements and Links to Third Party Sites
We may display advertisements from third parties on the RixiVert Technologies Site, such as banner advertisements, pop-up texts, and links to third party sites. We are not responsible for the content of such advertisements or links, or for any products, services or other materials relating to such advertisements, any linked site, or any link contained in a linked site. The display of any advertisement or link does not imply endorsement by us of the advertisement or linked site or any content therein. IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE RixiVert Technologies SITE, ANY PRODUCTS, SERVICES OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD-PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE.
Changes to Terms
We reserve the right to make changes at any time to these Terms. Any modifications to these Terms will be effective upon posting. You agree to review the Terms periodically so that you are aware of any modifications. Your continued use of the RixiVert Technologies Site after any modifications indicates your acceptance of the modified Terms.
Confidential Arbitration
You agree that by entering into these Terms, you and RixiVert Technologies are each waiving the right to trial by jury and the ability to participate in a class action.
ALL DISPUTES BETWEEN YOU AND RixiVert Technologies RELATING IN ANY WAY TO THE RixiVert Technologies SITE (INCLUDING WITHOUT LIMITATION ORDERS MADE FROM THE RixiVert Technologies SITE, RixiVert Technologies’ ADVERTISEMENTS AND DISCLOSURES, EMAIL AND MOBILE SMS (TEXT) MESSAGES RixiVert Technologies SENDS TO YOU, OR RELATING TO THE COLLECTION OR USE OF ANY INFORMATION ABOUT YOU IN CONNECTION WITH THE RixiVert Technologies SITE), THESE TERMS, OR YOUR STATUS AS A USER WILL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN THE FEDERAL JUDICIAL DISTRICT IN WHICH YOU RESIDE, EXCEPT TO THE EXTENT THAT YOU HAVE, IN ANY WAY, VIOLATED OR THREATENED TO VIOLATE ANY COMPANY INTELLECTUAL PROPERTY RIGHT.
TO THE EXTENT PERMITTED BY LAW, YOU WILL NOT AGREE TO ACT AS A REPRESENTATIVE OR A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT AGAINST RixiVert Technologies IN ANY COURT, OR IN ARBITRATION, WITH RESPECT TO ANY CLAIMS RELATING IN ANY WAY TO THE RixiVert Technologies SITE (INCLUDING WITHOUT LIMITATION ORDERS MADE FROM THE RixiVert Technologies SITE, RixiVert Technologies’ ADVERTISEMENTS AND DISCLOSURES, EMAIL AND MOBILE SMS (TEXT) MESSAGES RixiVert Technologies SENDS TO YOU, OR RELATING TO THE COLLECTION OR USE OF ANY INFORMATION ABOUT YOU IN CONNECTION WITH THE RixiVert Technologies SITE), THESE TERMS, OR YOUR STATUS AS A USER. THIS SECTION (CONFIDENTIAL ARBITRATION) WILL SURVIVE THE TERMINATION OF THE RELATIONSHIP BETWEEN YOU AND RixiVert Technologies.
RixiVert Technologies or you may seek injunctive relief in any state or federal court in Sacramento, CA, and Company and you consent to the exclusive jurisdiction and venue in the state and federal courts in Sacramento, CA for injunctive relief purposes.
Applicable law
By visiting the RixiVert Technologies Site, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and RixiVert Technologies.
Miscellaneous
No agency, partnership, joint venture, or employment relationship is created as a result of these Terms, and you do not have any authority of any kind to bind RixiVert Technologies in any respect whatsoever. We may provide you with notices, including those regarding changes to these Terms, by email, regular mail, or postings on the RixiVert Technologies Site. These Terms, which shall be deemed accepted by you upon your use of the RixiVert Technologies Site, constitute the entire agreement among you and RixiVert Technologies regarding use of the RixiVert Technologies Site. RixiVert Technologies' failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of the enforcement of such right or provision. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. These Terms are not assignable, transferable or sublicensable by you, except with our prior written consent. The headings in these Terms are for convenience only and have no legal or contractual effect. These Terms include and incorporate by reference the Privacy Policy for the RixiVert Technologies Site and any notices regarding the RixiVert Technologies Site.
Please mail any claims or concerns to:
DotNet Holdings LLC
Attn: RixiVert Technologies
1401 21st St Ste 4189
Sacramento, CA 95811
