TERMS
OF USE
AGREEMENT
TO TERMS
These Terms of Use constitute a
legally binding agreement made between you, whether personally or on behalf of
an entity (“you”) and RGV Equine Services, doing business as RHINO SHIELD CRM
LLC (“Rhino Shield CRM LLC“, “we”, “us”, or “our”),
concerning your access to and use of the rhinoshieldcrm.com website as well as
any other media form, media channel, mobile website or mobile application
related, linked, or otherwise connected thereto (collectively, the “Site”). You
agree that by accessing the Site, you have read, understood, and agreed 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 SITE AND YOU MUST
DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions
or documents that may be posted on the Site 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 Site after the date such revised Terms of Use are posted.
The information provided on the
Site 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 Site 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.
The Site is not
tailored to comply with industry-specific regulations (Health Insurance
Portability and Accountability Act (HIPAA), Federal Information Security
Management Act (FISMA), etc.), so if your interactions would be subjected to
such laws, you may not use this Site. You may not use the Site in a way that
would violate the Gramm-Leach-Bliley Act (GLBA).
The Site is intended for users
who are at least 18 years old. Persons under the age
of 18 are not permitted to use or register for the Site.
INTELLECTUAL
PROPERTY RIGHTS
Unless otherwise indicated, the
Site is our proprietary property and all source code, databases, functionality,
software, website designs, audio, video, text, photographs, and graphics on the
Site (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,
international copyright laws, and international conventions. The Content and the
Marks are provided on the Site “AS IS” for your information and personal use
only. Except as expressly provided in these Terms of Use, no part of the Site
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 Site, you are granted a limited license to access and use the Site 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 Site, the Content and the
Marks.
USER
REPRESENTATIONS
By using the Site, 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 Site through
automated or non-human means, whether through a bot, script or otherwise; (6)
you will not use the Site for any illegal or unauthorized purpose; and (7) your
use of the Site 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 Site (or any portion thereof).
USER
REGISTRATION
You may be required
to register with the Site. 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.
PRODUCTS
We make every effort to display
as accurately as possible the colors, features, specifications, and details of
the products available on the Site. However, we do not guarantee that the
colors, features, specifications, and details of the products will be accurate,
complete, reliable, current, or free of other errors, and your electronic
display may not accurately reflect the actual colors and details of the
products. All products are subject to availability, and we cannot guarantee
that items will be in stock. We reserve the right to discontinue any products
at any time for any reason. Prices for all products are subject to change.
PURCHASES
AND PAYMENT
We accept the following forms of
payment:
– Visa
– Mastercard
– American Express
– Discover
You agree to provide current,
complete, and accurate purchase and account information for all purchases made
via the Site. 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. 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 in U.S. dollars.
You agree to pay all charges at
the prices then in effect for your purchases and any applicable shipping fees,
and you authorize us to charge your chosen payment provider for any such
amounts upon placing your order. We reserve the right to correct any errors or
mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse
any order placed through the Site. We may, in our sole discretion, limit or cancel
quantities purchased per person, per household, or per order. These
restrictions may include orders placed by or under the same customer account,
the same payment method, and/or orders that use the same billing or shipping
address. We reserve the right to limit or prohibit orders that, in our sole judgment,
appear to be placed by dealers, resellers, or distributors.
You may not access or
use the Site for any purpose other than that for which we make the Site
available. The Site 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
Site, you agree not to:
1. Systematically retrieve data or other
content from the Site to create or compile, directly or indirectly, a
collection, compilation, database, or directory without written permission from
us.
2. Make any unauthorized use of the Site,
including collecting usernames and/or email addresses of users by electronic or
other means for the purpose of sending unsolicited email, or creating user
accounts by automated means or under false pretenses.
3. Use a buying agent or purchasing agent
to make purchases on the Site.
4. Use the Site to advertise or offer to
sell goods and services.
5. Circumvent, disable, or otherwise
interfere with security-related features of the Site, including features that
prevent or restrict the use or copying of any Content or enforce limitations on
the use of the Site and/or the Content contained therein.
6. Engage in unauthorized framing of or
linking to the Site.
7. Trick, defraud, or mislead us and other
users, especially in any attempt to learn sensitive account information such as
user passwords.
8. Make improper use of our support
services or submit false reports of abuse or misconduct.
9. 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.
10. Interfere with, disrupt, or create an
undue burden on the Site or the networks or services connected to the Site.
11. Attempt to impersonate another user or
person or use the username of another user.
12. Sell or otherwise transfer your
profile.
13. Use any information obtained from the
Site in order to harass, abuse, or harm another person.
14. Use the Site as part of any effort to
compete with us or otherwise use the Site and/or the Content for any
revenue-generating endeavor or commercial enterprise.
15. Decipher, decompile, disassemble, or
reverse engineer any of the software comprising or in any way making up a part
of the Site.
16. Attempt to bypass any measures of the
Site designed to prevent or restrict access to the Site, or any portion of the
Site.
17. Harass, annoy, intimidate, or threaten
any of our employees or agents engaged in providing any portion of the Site to
you.
18. Delete the copyright or other
proprietary rights notice from any Content.
19. Copy or adapt the Site’s software,
including but not limited to Flash, PHP, HTML, JavaScript, or other code.
20. Upload or transmit (or attempt to
upload or to transmit) viruses, Trojan horses, or other material, including
excessive use of capital letters and spamming (continuous posting of repetitive
text), that interferes with any party’s uninterrupted use and enjoyment of the
Site or modifies, impairs, disrupts, alters, or interferes with the use,
features, functions, operation, or maintenance of the Site.
21. 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”).
22. 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 Site, or using or
launching any unauthorized script or other software.
23. Disparage, tarnish, or otherwise harm,
in our opinion, us and/or the Site.
24. Use the Site in a manner inconsistent
with any applicable laws or regulations.
USER GENERATED CONTRIBUTIONS
The Site does not
offer users to submit or post content. We may provide you with the opportunity
to create, submit, post, display, transmit, perform, publish, distribute, or
broadcast content and materials to us or on the Site, including but not limited
to text, writings, video, audio, photographs, graphics, comments, suggestions,
or personal information or other material (collectively, “Contributions”). Contributions
may be viewable by other users of the Site and through third-party websites. As
such, any Contributions you transmit may be treated in accordance with the Site
Privacy Policy. When you create or make available any Contributions, you
thereby represent and warrant that:
1. The creation, distribution, transmission, public display,
or performance, and the accessing, downloading, or copying of your
Contributions do not and will not infringe the proprietary rights, including
but not limited to the copyright, patent, trademark, trade secret, or moral
rights of any third party.
2. You are the creator and owner of or have the necessary licenses, rights,
consents, releases, and permissions to use and to authorize us, the Site, and
other users of the Site to use your Contributions in any manner contemplated by
the Site and these Terms of Use.
3. You have the written consent, release, and/or permission of each and every
identifiable individual person in your Contributions to use the name or
likeness of each and every such identifiable individual person to enable
inclusion and use of your Contributions in any manner contemplated by the Site
and these Terms of Use.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising,
promotional materials, pyramid schemes, chain letters, spam, mass mailings, or
other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent,
harassing, libelous, slanderous, or otherwise objectionable (as determined by
us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse
anyone.
8. Your Contributions are not used to harass or threaten (in the legal sense of
those terms) any other person and to promote violence against a specific person
or class of people.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any
third party.
11. Your Contributions do not contain any material that solicits personal
information from anyone under the age of 18 or exploits people under the age of
18 in a sexual or violent manner.
12. Your Contributions do not violate any applicable law concerning child
pornography, or otherwise intended to protect the health or well-being of
minors;
13. Your Contributions do not include any offensive comments that are connected
to race, national origin, gender, sexual preference, or physical handicap.
14. Your Contributions do not otherwise violate, or link to material that
violates, any provision of these Terms of Use, or any applicable law or
regulation.
Any use of the Site or the Marketplace Offerings in
violation of the foregoing violates these Terms of Use and may result in, among
other things, termination or suspension of your rights to use the Site and the
Marketplace Offerings.
CONTRIBUTION LICENSE
You and Site agree that we may access, store, process, and
use any information and personal data that you provide following the terms of
the Privacy Policy and your choices (including settings).
By submitting suggestions or other feedback regarding the
Site, you agree that we can use and share such feedback for any purpose without
compensation to you.
We do not assert any ownership over your Contributions. You
retain full ownership of all of your Contributions and any intellectual
property rights or other proprietary rights associated
with your Contributions. We are not liable for any statements or
representations in your Contributions provided by you in any area on the Site.
You are solely responsible for your Contributions to the Site and you expressly
agree to exonerate us from any and all responsibility and to refrain from any
legal action against us regarding your Contributions.
GUIDELINES FOR
REVIEWS
We may provide you areas on the Site to leave reviews or
ratings. When posting a review, you must comply with the following criteria:
(1) you should have firsthand experience with the person/entity being reviewed;
(2) your reviews should not contain offensive profanity, or abusive, racist,
offensive, or hate language; (3) your reviews should not contain discriminatory
references based on religion, race, gender, national origin, age, marital
status, sexual orientation, or disability; (4) your reviews should not contain
references to illegal activity; (5) you should not be affiliated with competitors
if posting negative reviews; (6) you should not make any conclusions as to the
legality of conduct; (7) you may not post any false or misleading statements;
and (8) you may not organize a campaign encouraging others to post reviews,
whether positive or negative.
We may accept, reject, or remove reviews in our sole
discretion. We have absolutely no obligation to screen reviews or to delete
reviews, even if anyone considers reviews objectionable or inaccurate. Reviews
are not endorsed by us, and do not necessarily represent our opinions or the
views of any of our affiliates or partners. We do not assume liability for any
review or for any claims, liabilities, or losses resulting from any review. By
posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide,
royalty-free, fully-paid, assignable, and
sublicensable right and license to reproduce, modify, translate, transmit by
any means, display, perform, and/or distribute all content relating to reviews.
SUBMISSIONS
You acknowledge and
agree that any questions, comments, suggestions, ideas, feedback, or other
information regarding the Site or the Marketplace Offerings (“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.
THIRD-PARTY WEBSITES
AND CONTENT
The Site may contain
(or you may be sent via the Site or the Marketplace Offerings) 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 Site or any Third-Party Content
posted on, available through, or installed from the Site, 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-PartyContent does
not imply approval or endorsement thereof by us. If you decide to leave the
Site 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 Site or relating to any applications you use or install from
the Site. 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.
SITE
MANAGEMENT
We reserve the right,
but not the obligation, to: (1) monitor the Site 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 Site 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 Site in a manner designed to protect our
rights and property and to facilitate the proper functioning of the Site and
the Marketplace Offerings.
PRIVACY POLICY
We care about data
privacy and security. Please review our Privacy Policy: https://rhinoshieldcrm.com/privacy-policy/. By using the Site or the Marketplace
Offerings, you agree to be bound by our Privacy Policy, which is incorporated
into these Terms of Use. Please be advised the Site and the Marketplace
Offerings are hosted in the United States. If you access the Site or the
Marketplace Offerings from 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 Site, 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.
TERM
AND TERMINATION
These Terms of Use
shall remain in full force and effect while you use the Site. 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 SITE
AND THE MARKETPLACE OFFERINGS (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 SITE AND THE MARKETPLACE OFFERINGS 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.
MODIFICATIONS
AND INTERRUPTIONS
We reserve the right
to change, modify, or remove the contents of the Site at any time or for any
reason at our sole discretion without notice. However, we have no obligation to
update any information on our Site. We also reserve the right to modify or discontinue
all or part of the Marketplace Offerings 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 Site or the Marketplace Offerings.
We cannot guarantee
the Site and the Marketplace Offerings will be available at all times. We may
experience hardware, software, or other problems or need to perform maintenance
related to the Site, resulting in interruptions, delays, or errors. We reserve
the right to change, revise, update, suspend, discontinue, or otherwise modify
the Site or the Marketplace Offerings 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 Site or
the Marketplace Offerings during any downtime or discontinuance of the Site or
the Marketplace Offerings. Nothing in these Terms of Use will be construed to
obligate us to maintain and support the Site or the Marketplace Offerings or to
supply any corrections, updates, or releases in connection therewith.
GOVERNING
LAW
These Terms of Use
and your use of the Site and the Marketplace Offerings are governed by and
construed in accordance with the laws of the State of Texas applicable to
agreements made and to be entirely performed within the State of Texas, without
regard to its conflict of law principles.
DISPUTE
RESOLUTION
Any legal action of
whatever nature brought by either you or us (collectively, the “Parties” and
individually, a “Party”) shall be commenced or prosecuted in the state and
federal courts located in Hidalgo, Texas, 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 Uniform Computer
Information Transaction Act (UCITA) are excluded from these Terms of Use. In no
event shall any claim, action, or proceeding brought by either Party related in
any way to the Site be commenced more than one (1) years after the cause of
action arose.
CORRECTIONS
There may be
information on the Site that contains typographical errors, inaccuracies, or
omissions that may relate to the Marketplace Offerings, 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 Site at any time, without prior notice.
DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS
AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE 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 SITE 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 SITE’S CONTENT OR
THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE 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 SITE, (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 SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE
LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE 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 SITE. WE DO NOT WARRANT,
ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED
OR OFFERED BY A THIRD PARTY THROUGH THE SITE, 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.
LIMITATIONS
OF LIABILITY
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 SITE, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED
HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE
FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY
YOU TO US. CERTAIN US STATE LAWS AND INTERNATIONAL
LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR
LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE
DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL
RIGHTS.
INDEMNIFICATION
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 Site; (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 Site with whom you connected via
the Site. 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.
USER DATA
We will maintain certain data
that you transmit to the Site for the purpose of managing the performance of
the Site, as well as data relating to your use of the Site. 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
Site. 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.
ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, 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 Site, 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 SITE. 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.
CALIFORNIA
USERS AND RESIDENTS
If any complaint with us is not
satisfactorily resolved, you can contact the Complaint Assistance Unit of the
Division of Consumer Services of the California Department of Consumer Affairs
in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California
95834 or by telephone at (800) 952-5210 or (916) 445-1254.
MISCELLANEOUS
These Terms of Use and any
policies or operating rules posted by us on the Site or in respect to the Site
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 Site. 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.
CONTACT
US
In order to resolve a complaint
regarding the Site or to receive further information regarding use of the Site,
please contact us at:
Rhino Shield CRM LLC
1024 E
Vista Del Cerro Dr.
Tempe,
AZ 85281
United
States
Phone: (480)
590-4743
support@rhinoshieldcrm.com