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TABLE OF CONTENTS
2. INTELLECTUAL PROPERTY RIGHTS
13. THIRD-PARTY WEBSITES AND CONTENT
17. MODIFICATIONS AND INTERRUPTIONS
25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Rambox LLC (“we,” “us” or “our”), concerning your access to and use of the Rambox application, as well as any other media form, media channel, website, linked, or otherwise connected thereto and that are developed by us (collectively, the “Apps”). Throughout these terms, we will make reference to our desktop application as “Software”, and to other connected apps, websites, and services that we provide you with and that are developed by us as “Services”, including our Enterprise admin, our billing portal, our official website, etc. You agree that by accessing the Apps, you have read, understood, and agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE APPS AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Apps from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Apps after the date such revised Terms of Use are posted.
The information provided on the Apps is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Apps from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
Unless otherwise indicated, the Apps are our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Apps (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Apps “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Apps and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Apps, you are granted a limited license to access and use the Apps and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Apps, the Content and the Marks.
By using the Apps, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Apps through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Apps for any illegal or unauthorized purpose; and (7) your use of the Apps will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Apps (or any portion thereof).
You may be required to register with the Apps. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
You may be required to purchase or pay a fee to access some of our services. Where you wish to execute the payment for our services, we use services of Stripe for our payment processing. Thereby and otherwise indicated below, Stripe acts as data processor.
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Apps. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. The payment data necessary to process your payments if you make purchases is securely transferred to, stored by and processed by Stripe. Rambox will not have access to such data.
We bill you through an online billing account for purchases made via the Apps. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be made in U.S. dollars.
You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. If your purchase is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation.
We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Apps.
Subscription
Rambox currently offers access to the application at no cost. However, Rambox (and other then-current Apps) may make available fee-based subscription offering(s). The subscription cost, subscription term, available trial period (if any), renewal information, and permitted payment methods will be specified at the time of order. All subscriptions are billed immediately in advance and are final unless otherwise indicated by Rambox or as may be required under applicable law.
Subscription changes
Subscription fees are subject to change (with prior notice) and shall apply to the upcoming renewal period (if any) as indicated. Such notice may be provided by email or by posting the changes to our Apps or the Rambox website. When you enroll in any recurring subscription arrangement, you authorize Rambox to automatically charge the billing source you provided us at the time you enrolled for the subscription term specified (at the time of enrollment) until the subscription ends or you cancel your enrollment.
Renewal
Your subscription will automatically renew for the same term as you selected, unless you cancel your account prior to its renewal date (see below). We will charge your credit card (or any other payment method initially used by you) each monthly, yearly or other applicable period for the then-current price applicable to that period. Of course, Lifetime members will never be charged again after their initial payment.
Lifetime license
When you subscribe to our Lifetime license, the current price will be billed once and only once. You will gain access to Rambox’s Pro plan (and/or other specified app and/or service) for life without renewals nor periodical invoices. You will have the same Pro features and customer support as usual.
A “Lifetime” license refers to the lifetime of Rambox’s Pro plan and/or its related services, and is not related to the lifetime of the user nor the lifetime of Rambox. The Lifetime license of Rambox includes all features available for this plan (Pro) and version (2.x.x). Also, all Rambox updates for our Pro plan, which include fixes and new features, are covered in such license. Rambox is bound by the Term and Termination conditions, described further in this article.
We offer a 30-day free trial to new users who register in Rambox. The account will not be charged and the subscription will be suspended until upgraded to a paid version at the end of the free trial, if desired.
Once your trial period expires, you will be automatically downgraded to a Basic (free) plan, and all the Pro (paid) functionalities will be removed until you subscribe again, if desired.
Subscription cancellation
To avoid future billing, you may cancel your subscription prior to its renewal date through the Billing section inside our desktop app or via our Billing portal.
You will continue to have access to our Software and its Pro (paid) features for the period of time that has already been prepaid. There will be no additional billing or charges from the date of cancellation. Feel free to continue to use the Software throughout the remainder of the subscription period for which you have already paid.
You can cancel your subscription at any time by either (1) logging into your account and accessing the Billing section inside our desktop app; (2) accessing the Billing portal; or (3) notifying us at support@rambox.app. Your cancellation will take effect at the end of the current paid term. Enterprise users can also cancel their subscriptions from the billing section of our admin (https://admin.rambox.app).
Whenever a Pro user removes or requests us to remove their account and their associated data from our servers, their subscription is automatically cancelled and their Pro features are automatically removed as well.
If you are unsatisfied with our services, please email us at support@rambox.app.
Refunds
Monthly subscriptions are non-refundable. You may cancel your subscription at any time and continue using your subscription features for the remainder of the current monthly billing period.
Yearly members have their right to a full refund if their refund request is received by us on or before the fourteenth (14th) day following the commencement of their yearly subscription term.
After fourteen (14) days from the commencement of their yearly subscription term, yearly members may be eligible for a partial, prorated refund only if the user requesting the refund is able to irrefutably demonstrate that either our Software, our Services, or any feature included in their yearly subscription does not work properly, or if there is an evident problem with our Software or Services that is caused on our side exclusively. At this instance, Rambox owns the right to attempt to completely solve or mitigate the previously mentioned possible problems with our Software or Services in a period of thirty (30) days from the moment we acknowledge that the reported problem has to be fixed by us. Otherwise, if such problem is not or cannot be solved after the stipulated time period, we will proceed to refund the requester with no further inconveniences. Rambox reserves the right to decide to not fix the previously mentioned possible problem and proceed to refund the requester with no major difficulties. The prorated refund amount will be equivalent to the number of days remaining of the current yearly subscription term. This calculation is automatically made by our third-party payment provider, Stripe.
Lifetime licenses are non-refundable unless the user requesting the refund is able to irrefutably demonstrate that either our Software, our Services, or any feature included in their license does not work properly, or if there is an evident problem with our Software or Services that is caused on our side exclusively. In this instance, Rambox owns the right to attempt to completely solve or mitigate the previously mentioned possible problems with our Software or Services in a period of thirty (30) days from the moment we acknowledge that the reported problem has to be fixed by us. Otherwise, if such problem is not or cannot be solved after the stipulated time period, we will proceed to refund the requester with no further inconveniences. Rambox reserves the right to decide to not fix the previously mentioned possible problem, and proceed to refund the requester with no major difficulties. The prorated refund amount will be equivalent to the number of full months remaining of a period of three (3) years of our Yearly subscription.
Enterprise subscriptions are non-refundable. You may cancel your subscription at any time. Enterprise users, that administrate their organization and their accounts, will only be charged for the corresponding amount to the time that the total users belonging to their organization has been enrolled in and effectively made use of the Enterprise plan in the current monthly billing cycle.
Whenever a refund is granted, we will remove access to your Pro subscription and your money will be returned within the following five (5) to ten (10) days following the effectuation of the refund. The requester will be refunded to the same payment method that was charged when effecting the last payment of their subscription or their purchase of their license.
Rambox has no liability to you nor any obligation to refund you in connection with internet or other services’ outages or failures that are caused by actions of other third parties or events beyond our control.
We may include software for use in connection with our services. If such software is accompanied by an end user license agreement (“EULA”), the terms of the EULA will govern your use of the software. If such software is not accompanied by an EULA, then we grant to you a non-exclusive, revocable, personal, and non-transferable license to use such software solely in connection with our services and in accordance with these Terms of Use. Any Software and any related documentation is provided “as is” without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You accept any and all risk arising out of use or performance of any Software. You may not reproduce or redistribute any software except in accordance with the EULA or these Terms of Use.
You may not access or use the Apps for any purpose other than that for which we make the Apps available. The Apps may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Apps, you agree not to:
1. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
2. Make improper use of our support services or submit false reports of abuse or misconduct.
3. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
4. Interfere with, disrupt, or create an undue burden on the Apps or the networks or services connected to the Apps.
5. Attempt to impersonate another user or person or use the username of another user.
6. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Apps.
7. Attempt to bypass any measures of the Apps designed to prevent or restrict access to the Apps, or any portion of the Apps.
8. Delete the copyright or other proprietary rights notice from any Content.
9. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Apps to you.
10. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
11. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Apps, or using or launching any unauthorized script or other software.
12. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Apps.
13. Use the Apps in a manner inconsistent with any applicable laws or regulations.
As part of the functionality of the Apps, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Apps; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Apps via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Apps. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Apps. You will have the ability to disable the connection between your account on the Apps and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Apps. You can deactivate the connection between the Apps and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Apps (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
The Apps may contain (or you may be sent via the Apps) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Apps or any Third-Party Content posted on, available through, or installed from the Apps, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Apps and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Apps or relating to any applications you use or install from the Apps. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
We reserve the right, but not the obligation, to: (1) monitor the Apps for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Apps or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Apps in a manner designed to protect our rights and property and to facilitate the proper functioning of the Apps.
We care about data privacy and security. Please review our Privacy Policy. By using the Apps, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Apps are hosted in the United States. If you access the Apps from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Apps, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Apps as quickly as is reasonably practical.
These Terms of Use shall remain in full force and effect while you use the Apps. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE APPS (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE APPS OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
This Terms of Use will take effect (or re-take effect) at the (and each) time you begin installing, accessing, or using our Apps, WHICHEVER IS EARLIEST, and is effective until terminated as set forth below. We reserve the right to terminate this Terms of Use at any time on reasonable grounds, which shall specifically include, without limitation, discontinuation of our Apps (or related services) as an offering of the Rambox business, nonpayment, termination of account, fraudulent or unlawful activity, or actions or omissions that violate this Terms of Use, subject to the survival rights of certain provisions identified below. In addition, we shall have the right to take appropriate administrative and/or legal action in the event of breach or (alleged) criminal activity, including alerting legal authorities, as it deems necessary in its sole discretion. You may also terminate this Terms of Use at any time by providing us with notice of cancellation, but all applicable provisions of this Terms of use will survive termination, as identified below. You may close your account inside our Apps or contacting us. Termination shall result in deactivation or deletion of your account with Rambox. The provisions concerning in these Terms of Use listed here will survive the termination of this Terms of Use for any reason. Further, Rambox shall not be responsible for any damage that may result or arise out of termination of this Terms of Use.
We reserve the right to change, modify, or remove the contents of the Apps at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Apps. We also reserve the right to modify or discontinue all or part of the Apps without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Apps.
We cannot guarantee the Apps will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Apps, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Apps at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Apps during any downtime or discontinuance of the Apps. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Apps or to supply any corrections, updates, or releases in connection therewith.
These Terms of Use and your use of the Apps are governed by and construed in accordance with the laws of the State of Santa Fe (Argentina) applicable to agreements made and to be entirely performed within the State of Santa Fe (Argentina), without regard to its conflict of law principles.
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the “Dirección Nacional de Defensa del Consumidor” department and, where appropriate, the DNDC’s 24.240 laws. Your arbitration fees and your share of arbitrator compensation shall be governed by the DNDC Consumer Rules and, where appropriate, limited by the DNDC Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable DNDC rules or applicable law, the arbitration will take place in Rosario, Santa Fe (Argentina). Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Rosario, Santa Fe (Argentina) and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.
If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
There may be information on the Apps that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Apps at any time, without prior notice.
THE APPS ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE APPS AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE APPS AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE APP’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE APPS AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE APPS, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APPS, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE APPS BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE APPS. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE APPS, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE APPS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Apps; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Apps with whom you connected via the Apps. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
We will maintain certain data that you transmit to the Apps for the purpose of managing the performance of the Apps, as well as data relating to your use of the Apps. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Apps. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Apps, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Apps, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE APPS. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
These Terms of Use and any policies or operating rules posted by us on the Apps or in respect to the Apps constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Apps. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
In order to resolve a complaint regarding the Apps or to receive further information regarding use of the Apps, please contact us by e-mail to support@rambox.app.
