I. Introduction and Eligibility
Binding Agreement. These Terms constitute a binding agreement between you and Rignite, Inc. and its affiliates and subsidiaries (“Rignite,” “we,” “us”). “You” and “users” shall mean all visitors, and the organizations which they represent, to the Rignite Service. You accept these Terms when you register for and each time you access the Rignite Service. If you do not accept these Terms, you must not use the Rignite Service.
Revisions to Terms. We may revise these Terms at any time by posting an updated version. You will be notified via email or by notice posted on the Rignite Service of any update to these Terms. Your continued use of the Rignite Service after a change to these Terms and notification via email or by notice posted on the Rignite Service constitutes your binding acceptance of these Terms.
The terms “post” and “posting” as used in these Terms shall mean the act of submitting, uploading, publishing, displaying, or similar action on the Rignite Service.
II. Eligibility to Use the Rignite Service
To use the Rignite Service you must be at least 13 years of age. In any event you represent that you are legally able and authorized to enter into a valid and binding agreement with us.
If you are using the Rignite Service on behalf of a business, you must be authorized by the business to use it, because you are binding the business to these Terms.
Basic Eligibility Requirements. No part of the Rignite Service is directed to persons under the age of 13. If you are under 18 years of age, you represent and warrant that you are authorized and have the capacity and any consents required to enter into this binding legal agreement and to access and use the Rignite Service.
Agent of a Company, Entity, or Organization. If you are using the Rignite Service on behalf of a company, entity, or organization (collectively “Organization”), then you represent and warrant that you:
1. are an authorized representative of that Organization;
2. have the authority to bind that Organization to these Terms;
3. agree to be bound by these Terms on behalf of that Organization.
III. The Rignite Service
The “Rignite Service” means the website located at www.rignite.com, app.rignite.com and any micro-websites and associated Internet services under Rignite’s control, whether partial or otherwise, in connection with providing the services provided by Rignite. The Rignite Service provides an online platform that allows you to manage your social media marketing communications.
Third-Party Terms and Conditions. The Rignite Service allows you to post and retrieve content from third-party websites, including Facebook and Twitter. You post and retrieve such content subject to such third parties’ terms and conditions. Rignite’s Service is dependent on, among other things, continued access to and the ability to post content to third party websites, which we cannot guarantee.
Spam Prohibited. You may not use the Rignite Service for the sending of unsolicited email (sometimes called “spam”) or for the hosting or communicating of illegal or prohibited content through social networks. You shall comply with the CAN-SPAM Act of 2003 (and any rules adopted under such act), including compliance with the following requirements:
1. You are the sole or designated “sender” of any email message sent by you using the Rignite Service.
2. The “from,” and “reply-to” line of any email message sent by you using the Rignite Service will accurately and in a non-deceptive manner identify your organization and products and services.
3. The “subject” line of any email message sent by you using the Rignite Service will not contain any deceptive or misleading content regarding the overall subject matter of the email message.
4. Any email message sent by you using the Rignite Service, will include your valid physical address, which may be a valid post office box meeting the registration requirements established by the United States Postal Service.
5. You agree to identify any commercial email message sent by you using the Rignite Service as an advertisement.
SPAM complaints. Emails that you send using the Rignite Service may generate spam complaints from recipients. You are responsible for ensuring that your emails do not generate a number of spam complaints in excess of industry norms. We, in our sole discretion, shall determine whether your level of spam complaints is within industry norms, and our determination shall be final, binding, and conclusive for all purposes under these Terms. Rignite will terminate your use of the Rignite Service if we determine that your level of spam complaints is higher than industry norms (as determined by us).
Third-Party Mailing Lists Prohibited. You agree you will not access or otherwise use third-party mailing lists or otherwise prepare or distribute unsolicited email in connection with your use of the Rignite Service.
Permission-Based Lists. You agree to import, access, or otherwise use only lists for which all listed parties have consented to receive correspondence from you (“Permission-Based Lists”) when you use the Rignite Service. Without limiting the foregoing, you agree that you shall not use the Rignite Service to send any commercial electronic mail message (as that term is defined in the CAN-SPAM Act of 2003) to any person who has opted out or otherwise objected to receiving such messages from you or another sender on whose behalf you may be acting. You may not mail to distribution lists, newsgroups, publicly available press or media addresses, or spam or unsolicited email addresses.
Template Use. You may not copy any Rignite template or any other features or functionality from the Rignite Service or use them for any purpose other than sending email messages from the Rignite Service.
Email Delivery Success Rate. You acknowledge and agree that not all email messages sent through use of the Rignite Service will be received by their intended recipients.
Content Delivery Time. We may send email and post content to social networks at your direction through the Internet, and the level of reliability may vary. Rignite is not responsible for the timeliness or final delivery of the message or content, as this is out of our control and is the responsibility of other networks and Internet service providers.
Compliance with Subscription Limits. We may provide various subscription packages with different limitations. For example, we may have tiered plans with differing maximum number of email campaigns or distribution recipients. If you use the Rignite Service beyond the limits for the subscription for which you have paid, we will charge you an additional amount equal to the difference between the fee for the subscription tier matching your usage and the fee you paid to us for that subscription period.
You Agree to Act as Reference. You agree to act as a reference account that Rignite may use to market the Rignite Service to other customers and investors, including listing you as a customer on Rignite’s website.
Rignite’s Responsibilities. Rignite shall use commercially reasonable efforts to make the Rignite Service available at all times, except for planned downtime for system maintenance, unanticipated system errors, and any unavailability caused by force majeure circumstances (e.g., fires, floods, acts of God, acts of government, civil unrest, Internet service provider failures or delays, denial of service attacks, etc.), and to provide the Services only in accordance with applicable laws and government regulations. The Rignite Service may contain bugs. Rignite will attempt to fix system errors in a timely fashion and will need to update the Rignite Service, which could impact Rignite Service availability. Rignite will provide a mechanism to allow you to report service issues.
Your Responsibilities. You shall (i) be responsible for your compliance with these Terms; (ii) use commercially reasonable efforts to prevent unauthorized access to or use of the Rignite Service, and notify Rignite immediately of any such unauthorized access and/or use of which you become aware; and (iv) use the Rignite Service only in accordance with these Terms, the Documentation, and all applicable laws and government regulations. You shall not make the Rignite Service available to any third party or sell, resell, rent, or lease the Rignite Service.
IV. Beta Testing Program
Beta Term. If you use any module or features of the Rignite Service which are designated as “Beta” at the time you use them (the “Beta Features”), Section IV of these Terms shall apply to your use of the Beta Features and in the event of any conflict between this Section IV and the other sections of these Terms, this Section IV shall control. If you use any Beta Features, Rignite will make such Beta Features available to you on a free basis for the “Beta Term,” which begins on such registration date and ends when we terminate the beta testing program for such Beta Features.
Feedback. Upon our requests from time to time during the Beta Term, you agree to provide to us information reasonably requested by us with respect to your use and experience with the Beta Features and the Rignite Service, including any errors, issues, or suggestions related to such use of the Beta Features (“Feedback”). You acknowledges that, in the course of using the Rignite Service, you may obtain or learn information relating to the Beta Features, which may include, without limitation, information relating to the performance, reliability, or stability of the Beta Features, operation of the Beta Features, know-how, techniques, processes, ideas, algorithms, and software design and architecture (collectively, “Proprietary Information”). As between the parties, such Feedback and Proprietary Information shall belong solely to Rignite and shall be deemed Confidential Information of Rignite, and Rignite shall be free to use and exploit such Feedback and Proprietary Information in any manner.
Service Data. During the Beta Term, the Rignite Service may delete or lose your data which is associated with the Beta Features. As between us, you are solely responsible for ensuring that your business is not adversely affected by such occurrences.
You will lose access to any data you posted into the Rignite Service during the Beta Term using the Beta Features unless you subscribe to the Beta Features of the Rignite Service as a paying customer prior to the termination of the Beta Term.
V. Financial Matters
Rignite’s Fees. Rignite will charge you fees to subscribe to a service plan to use the Rignite Service. The amount of any fees and the terms on which the fees are payable may be revised by Rignite from time to time and the fee schedule is available on the Rignite website. Such fee schedule is incorporated by reference into these Terms. You agree to pay the subscription fees when they are due, according to the fee schedule. You are responsible for reviewing the fee schedule from time to time and remaining aware of the fees charged by Rignite and any applicable discounts. The fee schedule, including prices and any discounts, is subject to change at any time in Rignite’s sole discretion. Rignite will use good faith efforts to notify you prior to the effectiveness of any significant change to the fee schedule.
Automatic Payment. Payment for the use of the Rignite Service will be made by a valid credit card accepted by Rignite. If you select the monthly payment option or if you have previously provided your credit card for payment, you authorize Rignite to charge your credit card for such amounts on a regular monthly basis beginning on the date of registration and continuing until such time as your account is terminated. If Rignite is for any reason unable to effect automatic payment via your credit card, Rignite will attempt to notify you via email and your Rignite account will be disabled until payment is received.
No Refunds. We do not refund fees paid to us.
Taxes. You are responsible for determining and paying the appropriate taxes resulting from a transaction with or occurring through the Rignite Service. Rignite is not responsible for collecting, reporting, paying, or remitting to you any such taxes, unless required by law.
Currency. All monetary transactions take place in U.S. dollars.
Fees Charged by Third-Party Payment Processors. The Rignite Service uses third parties to process payments. Use of such third-party payment services is subject to their terms and conditions of use. Those third parties may charge fees to process payments, and Rignite is not responsible for any fees charged by them. Rignite disclaims all liability with regards to any fees or problems you have with third-party payment processors.
VI. Confidential Information
We will keep confidential the information you post to the Rignite Service.
We and you promise to keep confidential any business and marketing plans, technical information, product plans, and business processes.
Definition of Confidential Information. As used herein, “Confidential Information” means all confidential information disclosed by a party (“Disclosing Party“) to the other party (“Receiving Party“), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Your Confidential Information shall include the data you post to the Rignite Service. Rignite’s Confidential Information shall include the non-public elements of the Rignite Service, Feedback and Proprietary Information, Rignite Training materials, and the Documentation. Confidential Information of each party shall include business and marketing plans, technology and technical information, product plans and designs, and business processes disclosed by such party. However, Confidential Information (other than the data you post to the Rignite Service) shall not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (iii) is received from a third party without breach of any obligation owed to the Disclosing Party, or (iv) was independently developed by the Receiving Party.
Protection of Confidential Information. The Receiving Party shall use the same degree of care with Confidential Information that it uses to protect the confidentiality of its own confidential information of like kind (but in no event less than reasonable care) and shall (i) not use any Confidential Information of the Disclosing Party for any purpose outside the scope of these Terms, and (ii) except as otherwise authorized by the Disclosing Party in writing, limit access to Confidential Information of the Disclosing Party to those of its and its affiliates’ employees, contractors, and agents who need such access for purposes consistent with these Terms and who have signed confidentiality agreements with the Receiving Party containing protections no less stringent than those herein.
Compelled Disclosure. The Receiving Party may disclose Confidential Information of the Disclosing Party if it is compelled by law to do so, provided the Receiving Party gives the Disclosing Party prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party’s cost, if the Disclosing Party wishes to contest the disclosure. If the Receiving Party is compelled by law to disclose the Disclosing Party’s Confidential Information as part of a civil proceeding to which the Disclosing Party is a party, and the Disclosing Party is not contesting the disclosure, the Disclosing Party will reimburse the Receiving Party for its reasonable cost of compiling and providing secure access to such Confidential Information.
VII. Account Creation and Use by an Agent
You agree that if you create an account and use the Rignite Service on behalf of another business entity, you have the necessary legal authority and capacity to do so as an authorized agent of the business entity. You agree that you have the authority to bind the business entity in legal agreements and contracts.
You agree to receive email from us at the email address you provided to us for customer service related purposes.
Electronic Notices. By using the Rignite Service or providing Confidential Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Rignite Service. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Rignite Service or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to us at [email protected]
IX. Rignite’s Content Ownership and Use
The contents of the Rignite Service include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, the Rignite Training materials, the documentation provided by Rignite (the “Documentation”), and other Rignite content (collectively, “Rignite Content”). All Rignite Content and the compilation (meaning the collection, arrangement, and assembly) of all Rignite Content are the property of Rignite or its licensors and are protected under copyright, trademark, and other laws.
License to You. We authorize you, subject to these Terms, to access and use the Rignite Service and the Rignite Content solely for the use of Rignite’s Service in accordance with these Terms. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause. Unauthorized use of the Rignite Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original Rignite Content on any authorized copy you make of the Rignite Content. You acknowledge that the Rignite Service and Rignite Content constitute Rignite’s valuable trade secrets and improper use or disclosure would cause Rignite irreparable harm. Accordingly, you agree to use the Rignite Service and Rignite Content solely as authorized in these Terms. You further acknowledge that the license granted pursuant to these Terms is not a sale and does not transfer to you title or ownership of the Rignite Service or Rignite Content, but only a right of limited use. ALL RIGHTS NOT EXPRESSLY GRANTED HEREUNDER ARE RESERVED TO RIGNITE.
Rignite Marks. Rignite, the Rignite logo, and other Rignite logos and product and service names are or may be trademarks of Rignite (the “Rignite Marks”). Without our prior written permission, and except as solely enabled by any link as provided by us, you agree not to display or use in any manner the Rignite Marks.
X. Intellectual Property Rights and Your License to Use
Rignite Claims No Ownership. The Rignite Service may provide you with the ability to create, post, or share content, including information about your customers and marketing and social media content (“Your User Content”). You or a third-party licensor, as appropriate, retain all intellectual property rights to Your User Content. You are responsible for protecting those rights.
Rignite’s Use of Your User Content. By posting Your User Content on or through the Rignite Service, you grant Rignite a world-wide, non-exclusive, royalty-free license to use or alter Your User Content for the purpose of providing our services. Rignite will discontinue this licensed use when Your User Content is removed from the Rignite Service or you terminate your account. You also acknowledge that one purpose of the Rignite Service is to access the services of third-party service providers, and that as a result you agree to grant to Rignite any and all other rights you grant to such third-party service providers. We may aggregate information you post to the Rignite Service and use it for our own purposes, including for marketing.
You Acquire No Ownership of Others’ Content. You understand and agree that you will not obtain, through use of the Rignite Service, any right, title, or interest (including intellectual property rights) in content delivered via the Rignite Service.
You Must Have Rights to the Content You Post. You represent and warrant that: (i) you own, or have the right to grant the license set forth in these Terms, the content you post on or through the Rignite Service, (ii) the posting of Your User Content on or through the Rignite Service does not violate any rights, including intellectual property or contractual rights, of any person or entity. You agree to pay all monies owing to any person as a result of posting Your User Content on the Rignite Service.
The Rignite Service contains content from users and other Rignite licensors. Except as provided within these Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Rignite Service.
XI. Copyright Policy
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Rignite Service infringe your copyright, you (or your agent) may send Rignite a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. The notice must include the following information:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
2. Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Rignite Service are covered by a single notification, a representative list of such works);
3. Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Rignite to locate the material on the Rignite Service;
4. Your name, address, telephone number, and email address (if available);
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Rignite a counter-notice.
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Rignite Service should be sent to Rignite, Inc. 444 Castro Street, Mountain View, CA 94041 ([email protected]). Consult your legal advisor and see 17 U.S.C. § 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.
XII. Suggestions and Submissions
We appreciate hearing from our users and welcome your comments regarding the Rignite Service. Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials (“creative ideas”), we shall:
1. own, exclusively, all now known or later discovered rights to the creative ideas;
2. not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any creative ideas; and
3. be entitled to unrestricted use of the creative ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
You here assign any and all rights you may have in the creative ideas to Rignite and waive any moral or other rights in the creative ideas.
XIII. User Content Disclaimers, Limitations, and Prohibitions
We do not represent or guarantee the truthfulness, accuracy, or reliability of content posted by users (“User Content”). You accept that any reliance on material posted by other users or third-party service providers will be at your own risk.
You are solely responsible for Your User Content on the Rignite Service. Rignite does not endorse any, nor is it responsible for, User Content on the Rignite Service. You assume all risks associated with Your User Content, including anyone’s reliance on its quality, accuracy, or reliability. You may expose yourself to liability if, for example, Your User Content contains material that is false, intentionally misleading, or defamatory; violates third-party rights; or contains material that is unlawful or advocates the violation of any law or regulation.
You agree to use the Rignite Service only for its intended purpose. You must use the Rignite Service in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the Rignite Service are prohibited. You may not:
1. attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Rignite Service, user accounts, or the technology and equipment supporting the Rignite Service;
2. frame or link to the Rignite Service without permission;
3. use data mining, robots, or other data gathering devices on or through the Rignite Service;
4. post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;
5. provide, sell, or offer to sell any of the following products or content (or services related to the same): pornography or illicitly pornographic sexual products, including but not limited to magazines, video, and software; escort services; dating services; illegal goods; illegal drugs; illegal drug paraphernalia; pirated computer programs; instructions on how to assemble or otherwise make bombs, grenades, or other weapons;
6. display or market material that exploits children, or otherwise exploits children under 18 years of age;
7. provide, sell, or offer products, services or content frequently associated with unsolicited commercial email, a.k.a. spam, such as online and direct pharmaceutical sales, including but not limited to health and sexual well-being products, work at home businesses, credit or finance management, including but not limited to credit repair and debt relief offerings and stock and trading tips, and mortgage finance offers, DJ/nightclub, event/club promotions/party lists, and odds making and betting/gambling services, including but not limited to poker, casino games, horse and dog racing, and college and pro sporting events;
8. provide material that is grossly offensive, including blatant expressions of bigotry, prejudice, racism, hatred, or excessive profanity or post any obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable content;
9. post or disclose any personally identifying information or private information about children without their consent (or their parents’ consent in the case of a minor);
10. introduce viruses, worms, harmful code and/or Trojan horses on the Internet;
11. promote, solicit, or participate in pyramid schemes or multi-level channel and/or network marketing (MLM) businesses, including but not limited to personal work-at-home offers promoting “get rich quick,” “build your wealth” and “financial independence” offerings;
12. engage in any libelous, defamatory, scandalous, threatening, or harassing activity;
13. post any content that advocates, promotes, or otherwise encourages violence against any governments, organizations, groups, or individuals or which provides instruction, information or assistance in causing or carrying out such violence;
14. market to third-party voter registration lists;
15. provide content, including images, of authors, artists, photographers, or others without the express written consent of the content owner;
16. use the Rignite Service in an illegal way (including in violation of the CAN-SPAM Act of 2003) or to commit an illegal act in relation to the Rignite Service or that otherwise results in fines, penalties, and other liability to Rignite or others; or
17. access the Rignite Service from a jurisdiction where it is illegal or unauthorized.
XIV. Consequences of Violating These Terms
We reserve the right to suspend or terminate your account and prevent access to the Rignite Service as a result of nonpayment or any failure to comply with these Terms. We reserve the right to refuse to provide the Rignite Service to you in the future.
Rignite may review and remove any User Content at any time for any reason, including activity which, in its sole judgment: violates these Terms; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, users of the Rignite Service.
You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and your use of the Rignite Service.
XV. Rignite’s Liability
Changes to the Rignite Service. We may change, suspend, or discontinue any aspect of the Rignite Service at any time, including hours of operation or availability of the Rignite Service or any feature, without notice or liability.
User Disputes. We are not responsible for any disputes or disagreements between you and any third party you interact with using the Rignite Service. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release Rignite of all claims, demands, and damages in disputes among users of the Rignite Service. You also agree not to involve us in such disputes. Use caution and common sense when using the Rignite Service.
Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Rignite Service. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Rignite Service. Use the Rignite Service at your own risk.
Third-Party Websites. The Rignite Service may include links to third party websites and applications. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them. You agree that you shall use any such third party websites in compliance with their terms.
We make no promises and disclaim all liability of specific results from the use of the Rignite Service.
Released Parties Defined. “Released Parties” include Rignite and its affiliates, officers, employees, agents, partners, and licensors.
A. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE RIGNITE SERVICE IS AT YOUR SOLE RISK, AND THE RIGNITE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE RIGNITE SERVICE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE RIGNITE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE RIGNITE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE RIGNITE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON THE RIGNITE SERVICE WILL MEET YOUR EXPECTATIONS AND, AND (iv) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE RIGNITE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
B. LIMITATION OF LIABILITY AND INDEMNIFICATION
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RIGNITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE RIGNITE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE RIGNITE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE RIGNITE SERVICE; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE RIGNITE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT POSSIBLE BY LAW, OUR MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE RIGNITE SERVICE OR YOUR USE OF RIGNITE CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED THE AMOUNT PAID BY YOU TO RIGNITE DURING THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO SUCH CLAIM.
You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any Rignite Content, or (iii) your breach of these Terms. We shall provide notice to you promptly of any such claim, suit, or proceeding.
XVI. General Terms
These Terms constitute the entire agreement between you and Rignite concerning your use of the Rignite Service. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. The section titles and annotations in these Terms are for convenience only and have no legal or contractual effect.
XVII. Arbitration, Class Waiver, and Waiver of Jury Trial
These Terms and the relationship between you and Rignite shall be governed by the laws of the state of California without regard to its conflict of law provisions. You and Rignite agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Rignite Service under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted in Santa Clara county in the state of California. You covenant not to sue Rignite in any other forum.
You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of the Rignite Service or these Terms:
444 Castro Street, Suite 710
Mountain View, CA 94041
Email: [email protected]
Last Updated: April 2, 2013