REZREV
TERMS OF SERVICE
PLEASE READ THE FOLLOWING CAREFULLY BEFORE REGISTERING, DOWNLOADING, UPLOADING, INSTALLING AND/OR USING THE SERVICE. This agreement governs your use of and participation in the The Rez Rev, LLC’s REZREV (“Service”) including but not limited to the online and/or mobile services and websites, regardless of where it is obtained from, and any software, services, features, products, programs, and elements by or on behalf of The Rez Rev, LLC on or in connection with such services or websites, including but not limited to, any products, programs, and services that allows you to register, explore, share your experience and interact with The Rez Rev, LLC and other users described in these Terms of Service. By using the Service, clicking the checkbox, "accept", or "ok" button you expressly acknowledge and agree that you are entering into a legal agreement and have understood and agree to comply with, and be legally bound by, the terms and conditions of the REZREV Terms of Service ("Agreement"). If you do not agree to be bound by this Agreement, please do not register and/or use the Service.
1. Ability to Accept.
1.1 You represent and warrant that you are of legal age in your jurisdiction and are otherwise competent to enter into this Agreement in your jurisdiction and, if you are entering into this Agreement on behalf of an entity, that you are authorized to enter into this Agreement on behalf of such entity. Any user found or suspected to be in violation of this Section will have its Account and User Submissions suspended and/or terminated.
1.2 The Service is made available for use only by the following:
1.2.1 “Applicants”. Applicants are those individuals searching for employment openings, services, or information related to their search for personal employment and/or professional networking.
1.2.2 “Employers”. Employers are individuals and/or entities seeking information related to the hiring of human resources or seeking to make available information regarding employment openings on their behalf or another’s behalf. If you are accessing or using the Service as an employee or other representative of an Employer, you agree to this Agreement on behalf of yourself and such Employer, and you represent and warrant that you possess the authority to bind such Employer.
1.2.3 “You”, “Your”, “Yours”, “Yourself”, “Yourselves”, “User”, and/or “Users” in this Agreement shall collectively refer to both Applicants and Employers.
2. Right to Use.
2.1 Subject to the terms and conditions of this Agreement, The Rez Rev, LLC hereby grant you a personal, revocable, non-exclusive, non-sublicensable, non-assignable, non-transferable right to: (i) use the Service; (ii) use the Service on a mobile telephone, tablet, computer or device (each, a "Device") that you own or control; and (iii) access and use the Service on that Device in accordance with this Agreement.
3. Restrictions.
3.1 You agree not to, and shall not permit any third party to: (i) license, redistribute, sell, lease, lend or rent the Service; (ii) disassemble, reverse engineer, decompile or decrypt or attempt to derive the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Service or any documentation or data related to the Service; (iii) copy, modify, improve or create derivative works or features or a competitive product to the Service or any part thereof; (iv) circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any content or that enforce limitations on use of the Service; (v) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Service; (vi) use any communications systems provided by the Service to send unauthorized and/or unsolicited commercial communications; and/or (vii) use the Service to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible or inappropriate purpose, or in any manner that breaches this Agreement.
3.2 You agree not to access (or attempt to access) the Service by any means other than through the interface provided by the Service, unless you have received authorization by a separate, written agreement with The Rez Rev, LLC. You agree that you will not engage in any activity that interferes with or disrupts the Service (or services, servers, networks, or systems that are connected to the Service. Unless you are authorized by a separate, written agreement with The Rez Rev, LLC, you agree not to crawl, scrape, reproduce, duplicate, copy, sell, trade, or resell the Service for any purpose.
3.3 You agree that you shall not use or misuse the Service for your own commercial gain or to transmit or upload through the Service (whether as a User Submission or otherwise) any software harmful to the Service including, but not limited to, software referred to as “viruses,” “worms,” “Trojan horses,” “time bombs,” time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots,” or “trap door devices” that
(a) is designed or intended to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate, or otherwise impede in any manner, any data, storage media, program, system, equipment, or communication, based on any event, including but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a feature;
(b) would enable an unauthorized person to cause such result; or
(c) would enable an unauthorized person or entity to access another person’s information without such other person’s knowledge and permission.
4. Account.
4.1 In order to use some of the Service features you may have to create or use an account (an "Account"). If you create an Account, you must provide accurate and complete information about yourself. You are solely responsible for the activity that occurs in your Account, and you must keep your Account secure. You must notify The Rez Rev, LLC immediately of any unauthorized use of your Account. The using or providing of any false, fake, or fictitious name or contact information in connection with the Service is grounds for immediate termination of your Account and ability to use the Service. You agree that you are solely responsible (and that The Rez Rev, LLC and its Affiliates have no responsibility or liability to you or to any third party) for any breach of your obligations under this Agreement or for any consequences of such breach.
4.2 You acknowledge and agree that information you provide in the course of creating an Account or use of the Service, including but not limited to, name, email address, phone number, physical address, and employer, may be provided to and maintained by The Rez Rev, LLC, whether or not you complete the registration process, and may be used by The Rez Rev, LLC in connection with other products and services.
5. Location Data.
5.1 Certain features or functionality ("Features") of the Service may collect or be dependent on data related to your geographic location ("Location Data"). If you wish to use these Features, you agree to provide or to make your Location Data accessible to us. To the extent that we do collect Location Data, we shall use it in accordance with our Privacy Policy (as defined below). If you do not provide or make such Location Data accessible, then the Features may be limited or not operate.
6. Your Content.
6.1 You confirm that the content you upload, import, copy, display, transmit and/or otherwise use while interacting with the Service, including any designs, images, animations, videos, audio files, fonts, logos, code, illustrations, compositions, artworks, interfaces, usernames, or any other information ("Your Content") does not infringe upon any third-party rights, including any intellectual property and privacy rights.
7. Third-Party Sources and Content.
7.1 The Service may enable you to view, access, link to, interact with and otherwise use third-party content that are not owned or controlled by The Rez Rev, LLC ("Third-Party Content").
7.2 The Rez Rev, LLC is not responsible for, and it expressly disclaims all warranties regarding, the accuracy, appropriateness, completeness, usefulness, safety or Intellectual Property Rights (as defined below) of, or relating to, any Third-Party Content. You always have the choice to decide whether or not to view or use Third-Party Content. Your interaction with and reliance upon, any Third-Party Content is at your sole discretion.
7.3 The Rez Rev, LLC does not endorse any advertising, promotions, campaigns, products, services or other materials that is included in any Third-Party Content or that is communicated to you from a third-party source and in no way shall be responsible or liable to you in connection with Third-Party Content.
8. Messages.
8.1 The Service may permit you to send messages (including via email) to The Rez Rev, LLC but not to other Service users ("Messages"). Applicants and Employers agree to not engage in direct, or indirect through a third party, contact and/or communications with the other while using the Service or until the contact information for the other is disclosed through the Service. You are solely responsible for your Messages and the consequences of sending them, and you agree to hold The Rez Rev, LLC and The Rez Rev, LLC’s Affiliates harmless, and expressly release and agree to defend and indemnify The Rez Rev, LLC and The Rez Rev, LLC’s Affiliates, from any and all liability arising from your Messages as further set forth in Section 16 (Indemnity). You grant us a worldwide right to use, store, and reproduce your Messages for the limited purpose of facilitating sending them to your designated recipients (and we may also use the tools, services of third-party service providers to facilitate the sending of Messages to your designated recipients). You represent and warrant that your Messages will not be infringing on any third-party right, including Intellectual Property or privacy rights. You retain all of your ownership rights in your Messages. You acknowledge and agree that the provisions of Section 9 (User Submissions) below shall also apply to Messages that you send via the Service.
9. User Submissions.
9.1. The Service may permit the viewing, hosting, sharing, posting and publishing of Your Content ("User Submissions"). You understand that your User Submissions may be publicly available to third parties including, but not limited to, Applicants and Employers that The Rez Rev, LLC believes may have an interest in your User Submissions. You shall be solely responsible for your User Submissions and the consequences of posting or publishing them. The Rez Rev, LLC has complete discretion whether to publish your User Submissions and The Rez Rev, LLC reserves the right without further notice to you, to monitor, censor, edit, remove, and/or delete any and all User Submissions at any time which The Rez Rev, LLC believes to be in violation of Section 9.5 (Prohibited Content). The Rez Rev, LLC disclaims all liability and assumes no responsibility for the User Submissions you send, receive, post, upload, download, view, access, or otherwise use including but not limited to the content, accuracy, validity, completeness, legality, reliability, authenticity, or availability thereof through the Service. If you see any inaccuracy in any User Submissions, it is your responsibility to correct such information or to contact The Rez Rev, LLC in writing with proof that such information is incorrect and provide the correct information.
9.2. Right to User Submissions. Subject to this Agreement and the terms of our Privacy Policy, by submitting the User Submissions, you hereby grant The Rez Rev, LLC a worldwide, irrevocable, non-exclusive, royalty-free, transferable, sublicensable, and perpetual right and license to make, use, sell, sublicense, reproduce, distribute, prepare derivative works of, display, perform, and otherwise exploit all the User Submissions only in connection with operating, promoting, managing, and/or otherwise providing the Service without restrictions, including without limitation for redistributing part or all of your User Submissions (and derivative works thereof), and you hereby waive any moral rights in your User Submissions, to the extent permitted by law. You understand and agree that no compensation in any form shall be due or payable to you in connection with The Rez Rev, LLC’s exercise of its rights and license granted within this Section. If any compensation may or could be due under applicable law resulting from or in connection with The Rez Rev, LLC’s exercise of this right or license, you hereby waive any and all rights to such compensation. You grant The Rev Rez, LLC, its Affiliates, and its sublicensees a license to use your name, username, and/or trademark and logo in connection with (i) any such User Submissions, (ii) any The Rez Rev, LLC marketing materials containing or incorporating such User Submissions, or (iii) any actions by The Rez Rev, LLC to promote or publicize such User Submission, including without limitation the use of keywords in third-party internet search engines. By creating an Account and/or sharing, posting, publishing, uploading, submitting, and/or otherwise making your User Submissions available to The Rez Rev, LLC or the Service, you are requesting and authorizing The Rez Rev, LLC to make your User Submissions available to third parties including, but not limited to, Applicants and Employers that The Rez Rev, LLC believes may have an interest in your User Submissions. You agree that The Rez Rev, LLC may share with you User Submissions by others that, in The Rez Rev, LLC’s sole discretion, match the contents of your User Submissions. The Rez Rev, LLC may also automatically send you recommended User Submissions via the email address used to create an Account. The Rez Rev, LLC may determine, in its sole discretion, what User Submissions to recommend based on several criteria, including but not limited to, any information you provide through your Account, your User Submissions, searches you run through the Service, User Submissions you click on, jobs for which you apply, or other materials you provided to an Employer or Applicant through the Service. The Rez Rev, LLC disclaims all liability and assumes no responsibility for the User Submissions or the content of User Submissions from other users of the Service that The Rez Rev, LLC shares, sends, receives, posts, uploads, downloads, views, accesses, forwards, transmits, or otherwise makes available to you through the Service. If you see any inaccuracy in any User Submissions, it is your responsibility to correct such information or to contact The Rez Rev, LLC in writing with proof that such information is incorrect and provide the correct information. The Rez Rev, LLC does not vouch for the validity or accuracy of any contact information provided to The Rez Rev, LLC by an Employer or an Applicant. Once you provide information to any Employer, Applicant, or other user in the form of a resume, application, email, letter, facsimile, texts message, instant message, verbal message, telephone call, or otherwise, The Rez Rev, LLC does not have control over the other users use or disclosure of that information. If you want another user to delete, modify, or maintain confidence over any such information, any such request must be made directly to the other user and not to The Rez Rev, LLC. The Rez Rev, LLC disclaims all liability and assumes no responsibility for the use of such information by another user.
9.3. Exposure, Disclaimers, and Waivers. You understand and acknowledge that when accessing and using the Service: you will be exposed to User Submissions from a variety of sources, and that The Rez Rev, LLC is not responsible for the contents, accuracy, usefulness, safety or Intellectual Property Rights of, or relating to, such User Submissions. The Rez Rev, LLC is not responsible and disclaims all liability for the criteria of an Employer for a job or position, and The Rez Rev, LLC is not responsible and disclaims all liability for an Employer’s job/position application, messages, screening questions, surveys, and/or skill assessment. The Rez Rev, LLC cannot guarantee the identity of, and specifically disclaims any responsibility or liability for, any Applicant or Employer or any individual working for any Employer, and The Rez Rev, LLC cautions Applicants and Employers accordingly when interacting with the other, as stated in this Agreement. The Rez Rev, LLC cannot guarantee, and specifically disclaims any responsibility or liability for, the health and safety measures in an Employer’s hiring or interview process. The Rez Rev, LLC recommends Employers and Applicants follow personal health and safety best practices as recommended by the United States Center for Disease Control, the World Health Organization, and/or similar institutions. The Rez Rev, LLC does not guarantee, and specifically disclaims any responsibility or liability for, the validity of a job/position offered by an Employer and The Rez Rev, LLC cautions Applicants to verify the validity of a job/position offered by an Employer before taking any adverse action regarding the Applicant’s current employment situation, as stated in this Agreement. Applicants are solely responsible to verify the accuracy of any Employer, job/position offer, or Employer User Submission. The Rez Rev, LLC does not act as an employment agency by providing the Service. By using the Service, you acknowledge and agree that The Rev Rez, LLC is not procuring employees for Employers or procuring opportunities to work or for jobs/positions for Applicants. The Rev Rez, LLC merely provides a platform that enables Employers and Applicants to share User Submissions. The sole responsibility, and The Rev Rez, LLC disclaims any responsibility or liability for, the content of any User Submission, any request for an interview or offer made for a job/position, any issues arising from an acceptance or denial of employment, and/or any other issues arising from the use of the Service, is solely with the Employer and the Applicant as applicable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against The Rez Rev, LLC in the foregoing respects of Section of 9.3.
9.4. Disclosure. The Rez Rev, LLC reserves the right to access, read, preserve and disclose any User Submission or any other information that The Rez Rev, LLC obtains in connection with the Service as The Rez Rev, LLC reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request; (ii) enforce this Agreement, including investigation of potential violations of it; (iii) detect, prevent or otherwise address fraud, security or technical issues; (iv) respond to your user support requests; or (v) protect the rights, property or safety of us, our users or the public.
9.5. Prohibited Content. You agree that you will not send, display, post, submit, publish or transmit a User Submission or Message that: (i) is unfair or deceptive under the consumer protection laws of any jurisdiction; (ii) is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights; (iii) creates a risk to a person's safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement; (iv) impersonates another person; (v) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; (vi) is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise dishonest, inaccurate, inappropriate, malicious or fraudulent; (vii) involves theft or terrorism; (viii) constitutes an unauthorized commercial communication; (ix) contains the contact information or any personally identifiable information of any third party unless you have first obtained the express consent of said third party to include their contact information or personally identifiable information; and/or (x) breaches this Agreement.
9.6. Equality and Discrimination. You agree that any right or defenses you have under any applicable employment, equality, or discrimination laws and regulations, the US Fair Credit Reporting Act, any corresponding state laws, or any similar laws and regulations for consumer or credit reporting agencies may only be asserted against the Employer or Applicant and that The Rev Rez, LLC has no responsibility for, disclaims, and is released from the same. Without limiting The Rez Rev, LLC’s rights set forth elsewhere in this Agreement, The Rez Rev, LLC reserves the right (but is under no obligation) to remove any Employer User Submissions that directly or indirectly discriminates against Applicants based on gender, sex, race, age, sexual orientation, or disability (“Discriminatory Criteria”). Direct discrimination includes, but is not limited to, an Employer or an Employer’s User Submission specifically makes clear that only Applicants matching certain Discriminatory Criteria are wanted, thereby excluding others because Discriminatory Criteria. Indirect discrimination includes, but is not limited to, an Employer or an Employer’s User Submission implicitly excludes Applicants based on Discriminatory Criteria by making it impossible for them to qualify for the job/position requirements. Employers understand and agree that it is the Employer’s responsibility to refrain from posting any User Submissions that directly or indirectly discriminate against Applicants or otherwise violates applicable law. Pursuant to Section 16 (Indemnity) of this Agreement, an Employer agrees to hold harmless, defend, and indemnify The Rez Rev, LLC and The Rez Rev, LLC’s Affiliates in any matter relating to an Employer’s actual or alleged, direct or implied, discrimination as set forth herein.
9.7. No Third-Party Beneficiary. The Rez Rev, LLC is not a third-party beneficiary of or liable for any agreements between an Employer and an Applicant, regardless of whether or not The Rez Rev, LLC receives a fee from an Employer or Applicant in connection with the Service. The Rez Rev, LLC will not be liable for any damages or costs arising from or related to such transaction.
9.8. By creating an Account and/or using the Service, you acknowledge, understand, and agree to the applicability of Section 230 of the US Communications Decency Act, which provides that
(1) Treatment of publisher or speaker
No provider or user of an interactive computer service shall be treated as the publisher or speak of any information provided by another information content provider.
(2) Civil Liability
No provider or user of an interactive computer service shall be held liable on account of:
(A) any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected; or
(B) any action taken to enable or make available to information content providers or others the technical means to restrict access to material described in paragraph (1).
9.9. You agree and The Rez Rev, LLC reserves the right to use any User Submissions to prevent tortious, illegal, or any other activities that are detrimental to other users. The Rez Rev, LLC reserves the right to use any method in its discretion to detect and block harmful or prohibited activity and to screen User Submissions to prevent abuse, fraud, harm, spam, or prohibited content. If you use the Service, you agree to The Rez Rev, LLC enforcing this Agreement to prevent such abuse, fraud, harm, spam, or prohibited content. Enforcement may result in a temporary or permanent suspension or termination of your Account or User Submissions, with or without notice. The Rev Rez, LLC shall not be responsible or liable for any such suspension or termination or the consequences of any suspension or termination. The Rez Rev, LLC reserves the right to turn over any information gathered via its enforcement of this Agreement to law enforcement or other third party.
10. Copyright Policy.
10.1. Removal of Content. It is The Rez Rev, LLC’s policy to respect the legitimate rights of copyright owners, and The Rez Rev, LLC will respond to clear notices of alleged copyright infringement. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (the "DMCA"), Please be advised that The Rez Rev, LLC enforces a policy that provides for the termination in appropriate circumstances of your Account and access to the Service of any users who are repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information in accordance with the DMCA:
10.1.1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
10.1.2. A description of the copyrighted work you claim has been infringed;
10.1.3. A description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it. Providing URLs in the body of an email is the best way to help us locate content quickly;
10.1.4. Your address, telephone number and email address;
10.1.5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
10.1.6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
10.2. Counter-Notification. If you believe that the material you posted was removed from the Service by mistake, and that you have the right to post the material, you may elect to send The Rez Rev, LLC a counter-notification. To be effective the counter-notification must include substantially the following (please consult your legal counsel or Section 512(g)(3) of the DMCA to confirm these requirements):
10.2.1. Your physical or electronic signature;
10.2.2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled. Providing URLs in the body of an email is the best way to help The Rez Rev, LLC locate content quickly;
10.2.3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
10.2.4. Your name, address and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of infringement or an agent of such person.
10.3. Misrepresentations. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing or was removed or disabled by mistake or misidentification may be subject to liability.
11. Intellectual Property Rights.
11.1 Nothing in this Agreement will directly or indirectly be construed to assign or grant you any right of ownership, title or interest, or any intellectual property rights relating thereto, in the Services or any related content.
11.2 "Intellectual Property Rights" mean all rights, title and interest in and to the Services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions thereof, the "look and feel" of the Services, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being, and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, whether foreign or domestic.
12. Payments.
12.1 Your use of the Service is for free through April 30, 2022. If the Service continues after that date, The Rez Rev, LLC may charge a fee for the continued use of the Service (each such purchase, a "Transaction"), you will be asked to supply certain information applicable to your Transaction, including, without limitation, credit card information, bank account or other payment method information, and billing address. You agree that all information that you provide in connection with the Transaction will be accurate, current, and complete and consent to disclosure, transmission, and use of such information as necessary to process the Transaction. You agree to pay all charges incurred by you at the prices then in effect. Price and availability of the Service are subject to change without notice. You will also be responsible for paying any applicable taxes relating to your Transactions. You authorize The Rez Rev, LLC to charge your designated payment method for such Transactions. If for any reason, The Rez Rev, LLC does not receive payment from Your designated payment method, You agree to pay all amounts due upon demand from The Rez Rev, LLC. You acknowledge that complying with laws is your responsibility, and you agree not to hold us liable for your failure to comply with any law or our failure to notify you of, or properly apply, any law. The Rez Rev, LLC will comply with law enforcement authorities and may provide them with any and all information you submit to us to assist in any investigation or prosecution they may conduct. You agree that you will only use credit cards or payment methods belonging to you or such other party who expressly authorize such use, for the purpose of conducting Transactions. Verification of information may be required prior to the acknowledgment or completion of any Transaction. Every use of the Service, You agree and reaffirm that (i) You will be responsible for all charges for all Transactions, including but not limited to all applicable fees, taxes, and surcharges; (ii) The Rez Rev, LLC may submit charges incurred under your account for payment; (iii) The Rez Rev, LLC or its designated/authorized billing vendor is authorized to charge your designated payment method.
12.2 The Rez Rev, LLC may use a domestic or international third-party payment service (collectively the “Payment Service”), which may result in transaction fees billed to your designated payment method, for the collection of all charges related to all Transactions. At each Transaction, you will provide The Rez Rev, LLC your payment information and The Rez Rev, LLC will pass that information to the Payment Service. Any international transaction fees that you may incur will be charges by Your bank and not by The Rez Rev, LLC. Direct all questions concerning such fees directly to Your bank. Any information You provide to The Rez Rev, LLC in connect with payments that The Rez Rev, LLC may provide to the Payment Service may also be subject to the Payment Service’s terms of service, user agreement, and/or privacy policy. You agree that The Rez Rev, LLC is not, and will not ever be, responsible or liable for any services, sites, acts, or omissions by the Payment Service.
12.3 Subscriptions. If a Transaction includes Your purchase of a subscription for the Service, You will be charged a monthly or annual subscription fee, plus any applicable taxes, surcharges, and other charges, (“Subscription Fee”) at the beginning of your subscription and each month or year thereafter, as applicable, at the then current Subscription Fee. By purchasing a subscription, You authorize The Rez Rev, LLC to initiate recurring non-refundable payments as set forth below. If You purchase a subscription, The Rez Rev, LLC (or its Payment Service) will automatically charge you each month or year, as applicable, on the anniversary of the commencement date of your subscription, using the payment information and designated payment method You provided until You cancel Your subscription. By agreeing to this Agreement, using the Service, and electing to purchase a subscription, You acknowledge and agree that Your subscription has recurring payment features and You accept responsibility for all recurring payment obligations prior to cancellation of the subscription by You or The Rez Rev, LLC. A subscription continues until cancelled by You or The Rez Rev, LLC terminates Your access to or use of the Service or subscription in accordance with this Agreement.
12.4 All Transactions and Subscription Fees are final and nonrefundable.
13. Privacy Policy.
13.1 Please review The Rez Rev, LLC’s Privacy Policy that also governs Your use of the Service and the RezRev website and the Privacy Policy is fully incorporated by reference into this Agreement.
14. Warranty Disclaimers.
14.1. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
14.2. THE REZ REV, LLC DOES NOT WARRANT THAT THE SERVICE WILL OPERATE ERROR-FREE, THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL CODE OR THAT WE WILL CORRECT ANY ERRORS IN THE SERVICE. YOU AGREE THAT THE REZ REV, LLC WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET (SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.
14.3. IF YOU HAVE A DISPUTE WITH ANY OTHER SERVICE USER, YOU AGREE THAT THE REZ REV, LLC IS NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. THE REZ REV, LLC RESERVES THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE.
14.4. BY YOUR USE OF THE SERVICE AND IN RETURN FOR THE SERVICE OFFERED BY THE REZ REV, LLC, YOU ACKNOWLEDGE AND AGREE THAT THE REZ REV, LLC ONLY OFFERS YOU THE SERVICE PURSUANT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. AS PARTIAL CONSIDERATION FOR YOUR USE OF THE SERVICE, YOU AGREE NOT TO SUE THE REZ REV, LLC AS A CLASS PLAINTIFF OR CLASS REPRESENTATIVE, JOIN AS A CLASS MEMBER, OR PARTICIPATE AS AN ADVERSE PARTY IN ANY WAY IN A CLASS-ACTION LAWSUIT AGAINST THE REZ REV, LLC REGARDING YOUR USE OF THE SERVICE. IF YOU DO NOT AGREE TO ANY PART OF THESE TERMS, DO NOT CONTINUE YOUR USE OF THE SERVICE. NOTHING IN SECTION 14.4 SHALL LIMIT YOUR RIGHTS TO BRING A LAWSUIT AS AN INDIVIDUAL PLAINTIFF, SUBJECT TO THE LIMITATIONS SET FORTH ELSEWHERE IN THIS AGREEMENT.
14.5. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.
15. Limitation of Liability.
15.1. UNDER NO CIRCUMSTANCES SHALL THE REZ REV, LLC OR ITS OFFICERS, DIRECTORS, MANAGERS, MEMBERS, EMPLOYEES, PARENTS, SUBSIDIARIES, SUCCESSORS, ASSIGNS, AND/OR AGENTS (COLLECTIVELY HEREIN AND ELSEWHERE IN THIS AGREEMENT “THE REZ REV, LLC AFFILIATES” OR “AFFILIATES”), OR ITS THIRD-PARTY LICENSORS, BE LIABLE TO YOU ON ACCOUNT OF YOUR USE OR MISUSE OF OR RELIANCE ON THE SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT THE RECOVERY OF AND UNDER NO CIRCUMSTANCES SHALL THE REZ REV, LLC OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS, BUSINESS OR REPUTATION, OR FOR THE COST OF SUBSTITUTE GOODS OR SERVICES, WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, INDEMNITY OR OTHERWISE, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. THESE LIMITATIONS ON LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT; THAT RESULTS FROM THE USE OF, MISUSE, RELIANCE ON, OR THE INABILITY TO USE THE SERVICE; THAT RESULT FROM AN INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICE; AND/OR THAT RESULT FROM INFORMATION POSTED OR SUBMITTED THROUGH THE SERVICE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15.2. Under no circumstances shall The Rez Rev, LLC or The Rez Rev, LLC Affiliates, or its or their third-party licensors, be liable or responsible, or deemed to have defaulted or breached this Agreement, for any delay or failure in fulfillment or performance resulting, arising out of or caused by, directly or indirectly, or results from acts, causes, forces or circumstances beyond its control, including, without limitation, the force majeure events: a) acts of God or natural catastrophes or forces, b) flood, fire, storm, earthquake, epidemic, explosion, or other similar events; c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riots, insurrection, other civil unrest or disturbances, military disturbances, or sabotage; d) governmental action, order, law, or regulation or orders of domestic or foreign courts or tribunals; e) actions, embargoes, or blockades in effect on or after the date of this Agreement; f) actions by any governmental authority; g) national or regional emergency; h) strikes, labor disputes, or stoppages or slowdowns or other industrial disturbances or shortage of labor or materials; i) breakdown, interruptions, loss, fluctuations, or malfunctions of utilities, communications, computers (software and hardware, including, but not limited to, computer viruses), or telephone communication services; j) internet, computer equipment, telecommunications equipment, electrical power, or other equipment or mechanical failures or shortages; k) loss of data due to power failures or mechanical difficulties with information storage or retrieval systems; l) non-performance of third parties; and m) other events beyond the control of The Rev Rez, LLC.
16. Indemnity.
16.1. You agree to defend, indemnify, and hold harmless The Rez Rev, LLC and all The Rez Rev, LLC Affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of, or inability to use, the Service, including but not limited to your User Submissions or Messages; (ii) your violation of this Agreement; and (iii) your violation of any third party right, including without limitation any Intellectual Property Right or privacy right. Without derogating from or excusing your obligations under this section, The Rez Rev, LLC reserves the right (at its own expense), but is not under any obligation, to assume the exclusive defense and control of any matter which is subject to an indemnification by you if you choose not to defend or settle it. You agree not to settle any matter subject to an indemnification by you without first obtaining The Rez Rev, LLC’s express approval.
17. Export Laws.
17.1 You represent that you are not, and will not make the Services available to, the resident of any embargoed country or a prohibited person under any export control or anti-terrorism law, regulation or list. You agree to comply fully with all applicable export laws and regulations to ensure that neither the Service, nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.
18. Term and Termination.
18.1. This Agreement is effective until terminated by The Rez Rev, LLC or you. The Rez Rev, LLC reserves the right, at any time, to: (i) discontinue or modify any aspect of the Service; and/or (ii) terminate this Agreement and your use of the Service with or without cause, and shall not be liable to you or any third party for any of the foregoing. If you object to any term or condition of this Agreement or any subsequent modifications thereto, or become dissatisfied with the Service in any way, your only recourse is to immediately discontinue use of the Service.
18.2. Upon termination of this Agreement, you shall cease all use of the Service. Sections 11 (Intellectual Property Rights), 13 (Privacy), 14 (Warranty Disclaimers), 15 (Limitation of Liability), 16 (Indemnity), 21 (Governing Law and Disputes), and 23 (General) shall survive termination of this Agreement.
19. Assignment.
19.1 This Agreement, and any rights granted hereunder, may not be transferred or assigned by you but may be assigned by The Rez Rev, LLC without restriction or notification.
20. Modification.
20.1 The Rez Rev, LLC reserves the right to modify this Agreement at any time by sending you a notification and/or publishing the revised Agreement on the Service. Such change will be effective ten (10) days following the foregoing notification thereof, and your continued use of the Service thereafter means that you accept those changes.
21. Governing Law and Disputes.
21.1 This Agreement shall be governed by and construed in accordance with the laws of the State of South Carolina, USA, without regard to its conflict of laws rules. You agree to submit to the personal and exclusive jurisdiction of the courts located in Charleston, SC, USA, and waive any jurisdictional, venue or inconvenient forum objections to such courts. Notwithstanding the foregoing, The Rez Rev, LLC may seek injunctive relief in any court of competent jurisdiction. You waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to the Service, The Rez Rev, LLC, and/or these Terms of Service.
22. E-Signature.
22.1 The Service may offer the option for you to use an e-signature, which is provided by a third-party service. By using an e-signature, you agree that your e-signature is intended to authenticate the document you are signing, and your e-signature has and will have the same force and effect as a manual signature (a signature with pen and paper). The Rev Rez, LLC disclaims all warranties associated with an e-signature including, but not limited to, any error in the software or validity of the signature. The Rev Rez, LLC is not a legal record keeper. You use an e-signature at your own risk. It is your responsibility to ensure that all e-signed documents are received. It is your responsibility to retain all copies of an e-signed document.
23. General.
23.1 This Agreement, and any other legal notices published by The Rez Rev, LLC in connection with the Service, shall constitute the entire agreement between you and The Rez Rev, LLC concerning the Service. In the event of a conflict between this Agreement and any other communication, the terms of this Agreement shall prevail. Each section of this Agreement is separately enforceable. If any section of this Agreement is deemed invalid by a court of competent jurisdiction, the section shall be reformed to the minimum extent necessary for this Agreement to remain in effect in accordance with its terms as modified by such reformation. The unenforceability or invalidity of such provision shall not affect the validity of the remaining provision of this Agreement, which shall remain in full force and effect. A party’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Last revised: March 22, 2022