Acceptance Through Use. This website (the "Site") is operated
by RiskPoint Zone LLC ("Operator"). By using the Site, you agree to be bound by
all of the terms, conditions and notices contained or referenced in these Terms
of Use. You should review the Terms of Use from time to time. Operator may
change any of the Terms of Use at any time without notice by posting revisions
to the Site. Your continued use of the Site constitutes your acceptance of the
revised Terms of Use. If you do not accept all of the Terms of Use, you must
exit the Site immediately.
No Use by Children. The Site is not directed to, or intended
for use by, children (defined as anyone age twelve (12) or younger). Children
should not use the Site or submit any information to Operator.
Payment, Refunds, Upgrading and Downgrading Terms.
1.
A valid credit card is required for paying accounts. Free
accounts are not required to provide a credit card number.
2. An upgrade from the
free plan to any paying plan will end your free account option. You will be
charged for your first year immediately upon upgrading.
3. The Service is
billed in advance on a yearly basis and is non-refundable. There will be no
refunds or credits for partial months of service, upgrade/downgrade refunds, or
refunds for months unused with an open account. In order to treat everyone
equally, no exceptions will be made.
4. All fees are
exclusive of all taxes, levies, or duties imposed by taxing authorities, and you
shall be responsible for payment of all such taxes, levies, or duties, excluding
only United States (federal or state) taxes.
5. For any upgrade or
downgrade in plan level, your credit card that you provided will automatically
be charged the new rate on your next billing cycle.
6.
Downgrading your Service may cause the loss of Content,
features, or capacity of your Account. Notes2Venture does not accept any
liability for such loss.
Cancellation and Termination.
1.
You are solely responsible for
properly canceling your account. A detailed email request to cancel your account
is required.
2. All of your Content
will be immediately deleted from the Service upon cancellation. This information
cannot be recovered once your account is cancelled.
3. If you cancel the
Service before the end of your current paid up month, your cancellation will
take effect immediately and you will not be charged again.
4.
Operator, in its sole discretion, has the right to
suspend or terminate your account and refuse any and all current or future use
of the Service, or any other Operator service, for any reason at any
time. Such termination of the Service will result in the deactivation or
deletion of your Account or your access to your Account, and the forfeiture and
relinquishment of all Content in your Account. Operator reserves the right
to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices.
1.
Operator reserves the right at any time and from time
to time to modify or discontinue, temporarily or permanently, the Service (or
any part thereof) with or without notice.
2. Prices of all
Services, including but not limited to monthly subscription plan fees to the
Service, are subject to change upon 30 days notice from us. Such notice may be
provided at any time by posting the changes to the Operator Site
(www.RiskPoint.zone) or the Service itself.
3.
Operator shall not be liable to you or to any third
party for any modification, price change, suspension or discontinuance of the
Service.
Privacy. You should review the
Privacy Statement
posted
elsewhere at the Site before using the Site.
Links to Third Party Sites. The Site may contain links to
websites operated by third parties. These links do not constitute or imply an
endorsement of the linked site. The linked sites may appear to be integrated
into the Site, but are not under Operator's control. Operator is not responsible
for the operation or content of any linked site or subsequent links from that
site. The policies that govern the use of a linked site will differ from these
Terms of Use. You should review the policies of a linked site before making a
decision to use that site.
User Submitted Content. By posting or submitting any content or
other materials to the Site, including any audio or video files, classified
advertisements or personal information (collectively, "Your Content"), you
affirm, represent and warrant that (1) you own or otherwise control all right,
title and interest in and to Your Content, including the copyright thereto, (2)
none of the materials included in Your Content are defamatory, libelous, obscene
or pornographic, and (3) use of Your Content as provided in these Terms of Use
will not violate any legal rights (tangible or intangible) of any third party.
You hereby grant Operator and its designees a worldwide, royalty-free,
non-exclusive, transferable, sublicenseable license (the "License") to sell,
license, rent, modify, distribute, copy, reproduce, transmit, publicly display,
publicly perform, publish, adapt, edit and prepare derivative works of Your
Content in connection with the Site or the conduct of Operator's business in any
formats and through any media channels. Operator may monitor Your Content as it
appears on the Site and may edit or delete Your Content at any time and for any
or no reason without your permission.
Indemnification. You will indemnify, defend, reimburse and hold
harmless Operator, and each parent company, subsidiary, affiliate, division,
officer, director, employee, contractor and agent of Operator, for, from and
against any and all liabilities, claims and expenses of any type or nature,
including costs and attorneys' fees, that arise from the exercise of the License
set forth above or from your use of the Site.
Intellectual Property. You acknowledge that all content and
materials available at the Site other than Your Content (collectively, the
"Content") are owned or controlled by Operator and protected by national and
international copyrights, trademarks, service marks, patents, patent
registration rights, trade secrets, know-how or other proprietary rights and
laws. You may only use the Site and the Content as expressly permitted in these
Terms of Use and for no other purpose. You may download, print or view
individual pages at the Site for private, noncommercial use, provided you do not
delete, change or otherwise modify any of the Content, including any copyright
or trademark notices. You may not use the site for any commercial purpose,
including but not limited to, sending unsolicited commercial email or making
unsolicited commercial phone calls. Except as authorized by Operator in writing
on a case by case basis, you will not sell, license, rent, modify, distribute,
copy, reproduce, transmit, publicly display, publicly perform, publish, adapt,
edit or create derivative works from any of the Content. The systematic
retrieval of any of the Content to create or compile, directly or indirectly, a
collection, compilation, database or directory without the written permission of
Operator is prohibited. Unless otherwise indicated, all logos, names, package
designs and marks on the Site are trademarks or service marks and may not be
used without Operator's permission. Operator's policy is to terminate the online
privileges of individuals who repeatedly violate the copyrights of others.
Disclaimer of Warranties. YOU AGREE THAT THE SOFTWARE, PRODUCTS
AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE, INCLUDING THE CONTENT
(COLLECTIVELY, THE "SITE MATERIALS"), ARE PROVIDED ON AN "AS IS/WHERE IS/AS
AVAILABLE" BASIS. OTHER THAN THOSE WARRANTIES THAT ARE INCAPABLE OF EXCLUSION,
RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW, THE SITE MATERIALS ARE
PROVIDED FOR YOUR USE WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING THE WARRANTIES OF TITLE AND NON-INFRINGEMENT AND THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OPERATOR
DOES NOT MAKE ANY WARRANTY THAT ANY OF THE SITE MATERIALS ARE ACCURATE, RELIABLE
OR CORRECT, THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION,
THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, THAT THE SITE MATERIALS ARE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT YOU WILL ACHIEVE SUCCESSFUL
RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS AVAILABLE
AT THE SITE.
Limitation of Liability. UNDER NO CIRCUMSTANCES WILL OPERATOR,
OR ANY PARENT COMPANY, SUBSIDIARY, AFFILIATE, DIVISION, OFFICER, DIRECTOR,
EMPLOYEE, CONTRACTOR OR AGENT OF OPERATOR, BE LIABLE FOR ANY DAMAGES OF ANY KIND
OR NATURE WHATSOEVER, WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR OTHERWISE, THAT RESULT FROM THE USE OF, OR THE INABILITY TO
USE, THE SITE OR FROM ANY INFORMATION PROVIDED AT THE SITE, INCLUDING THE
CONTENT AND YOUR CONTENT. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY
IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, AND
EVEN IF OPERATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
International Use. The Site is intended for use by legal U.S.
residents residing within the geographic borders of the United States. If you
choose to access the Site from any location other than the United States, you
accept full responsibility for compliance with the laws of the jurisdiction
where the access occurs. Operator makes no representation that the Site or the
Site Materials are appropriate or available for use in locations outside the
United States. Accessing the Site or using any of the Site Materials from any
jurisdiction where access or use is illegal is prohibited.
Choice of Law. This Agreement will, for all domestic and
international purposes, be governed, interpreted, construed and enforced solely
and exclusively in accordance with the laws of the State of Utah, without regard
to its conflicts of law provisions. You expressly agree that the exclusive
jurisdiction for any claim or action arising out of or relating to these Terms
of Use or your use of the Site will be filed only in the state or federal courts
located in Salt Lake County, State of Utah, and you further agree and submit to
the exercise of personal jurisdiction of these courts for the purpose of
litigating any such claim or action.
Integration and Severability. These Terms of Use, along with
the Privacy Statement constitute
the entire agreement between Operator and you with respect to the Site and
supersede all prior or contemporaneous communications and proposals with respect
to the Site. If any provision of these Terms of Use, the Privacy Statement, the
Notice and Take Down or the Classifieds Terms of Use, if any, are determined to
be invalid or unenforceable, all other provisions thereof will remain in full
force and effect.
Unauthorized Use and Termination. You agree to use the Site
only for authorized and legal activities. Operator reserves the right, in its
sole discretion, to terminate your access to all or part of the Site at any time
and for any or no reason.
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