Effective Date: July 1, 2019
The revolutiones.com website, and any derivative, or affiliated website on which these Terms of Use are linked are owned, and operated by Revolution Business Services, LLC. (“RES”). RES has adopted these Terms of Use (“Terms of Use”) to make you aware of the terms , and conditions of your use of the revolutiones.com website, any derivative websites on which these Terms of Use are posted , and any Content (defined below), or other products, or services that are offered, or provided via the aforementioned websites (collectively, the “website”). In the event that you purport to be the agent of, employee of, represent, or otherwise act on behalf of an entity, or any other person, references to “you,” “your” or “User” shall include such entity, or person in addition to you, you represent, and warrant that you are in fact an authorized representative of such entity, or other person, and have the authority to bind such entity, or other person to these Terms of Use, and your acceptance of these Terms of Use shall constitute acceptance on behalf of such entity, or person. Additionally, please note that your use of certain features, or Content on the website may be subject to other written agreements between RES , and you and/or the entity you represent. The terms of such other agreements (including, without limitation, master, payroll, end user, and other license agreements) shall continue to govern your use, and shall control to the extent they expressly conflict with these Terms of Use.
RES reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms of Use at any time by posting such changes to this page. You understand that you have the affirmative obligation to check these Terms of Use periodically for changes, and you hereby agree to periodically review these Terms of Use for such changes. The continued use of the website following the posting of changes to these Terms of Use will constitute your acceptance of those changes going forward from the date of revision. Amended dispute resolution provisions will not apply to any dispute of which the parties had actual notice as of the date of the change.
BY USING, OR OTHERWISE ACCESSING THE WEBSITE, CREATING, REGISTERING, OR ACCESSING AN ACCOUNT, POSTING, OR DOWNLOADING CONTENT, OR ANY OTHER INFORMATION TO, OR FROM THE WEBSITE, PURCHASING ANY PRODUCTS, OR SERVICES VIA THE WEBSITE OR MANIFESTING YOUR ASSENT TO THESE TERMS OF USE IN ANY OTHER MANNER, YOU HEREBY UNEQUIVOCALLY, AND EXPRESSLY AGREE TO, AND SHALL BE SUBJECT TO, THESE TERMS OF USE. IF YOU DO NOT UNEQUIVOCALLY AGREE TO THESE TERMS OF USE, YOU MAY NOT USE, OR OTHERWISE ACCESS THE WEBSITE, CREATE, REGISTER, OR ACCESS AN ACCOUNT, POST, OR DOWNLOAD CONTENT, OR ANY OTHER INFORMATION TO, OR FROM THE WEBSITE OR PURCHASE ANY PRODUCTS, OR SERVICES VIA THE WEBSITE.
General Terms of Use, and Restrictions on Use
RES hereby grants you a limited, nonexclusive, nonassignable, nontransferable license to access, and use the website solely for your noncommercial, personal use, or the internal business needs of the entity of which you are an authorized representative or employed by, as the case may be, subject to your agreement to, compliance with, and satisfaction of these Terms of Use. RES reserves all rights not otherwise expressly granted by these Terms of Use. If you do not comply with the Terms of Use at any time, RES reserves the right to revoke the aforementioned license(s), limit your access to the website, or restrict your ability to post, or download Content, or order products, and services. You agree not to reproduce, duplicate, copy, distribute, transmit, sell, trade, resell, or exploit for any purpose any portion of, or any information from the website. You may not obscure, or remove any proprietary rights notices contained in, or on the Content. You are solely responsible for providing, maintaining, and ensuring the compatibility of all hardware, software, electrical, and other physical requirements necessary for your access to, and use of the website, or any part thereof.
RES may discontinue, or alter any aspect of the website, remove Content from the website, restrict the time the website is available, or restrict the amount of use permitted at RES’s sole discretion, and without prior notice, or liability. You agree that RES may, under certain circumstances, and with, or without cause, immediately suspend and/or terminate your access to the website, or any part thereof. Cause for such measures shall include, without limitation: (a) breaches, or violations by you of these Terms of Use, or other incorporated agreements, or guidelines; (b) discontinuance, or material modification to the website; (c) unexpected technical, or security issues, or problems; (d) extended periods of inactivity; and/or (e) engagement by you in fraudulent, or illegal activities. RES may take such measures in its sole discretion, and without liability to you, or any third party.
For purposes of these Terms of Use, references to “post”, or “posting” shall refer to any manner of posting, transmitting, uploading, providing, making available, or otherwise transferring material or information.
RES Intellectual Property
Unless otherwise specifically noted in these Terms of Use, images, trademarks, service marks, logos, and icons displayed on the website, including, without limitation, RES, the RES logo, and any of the ProTools© products, including but not limited to ProAnalytics, ProBooks, ProCal, ProHire, and ProIntelligence, are the property of RES and/or its licensors, and may not be used without RES’s prior written consent. Trademarks owned by third parties are the property of those respective third parties. The website is the copyrighted property of RES, and it may not be reproduced, recreated, modified, accessed, or used in any manner or disseminated, or distributed to any other party in violation of these Terms of Use. Any unauthorized use of any Content, whether owned by RES, or other parties, may violate copyright laws, trademark laws, privacy, and publicity laws, and communications regulations, and statutes. You will not copy, reverse engineer, disassemble, decompile, translate, modify, reproduce, republish, transmit, sell, offer for sale, disseminate, or redistribute the intellectual property found in the website, or any part thereof or grant any other person, or entity the right, or access to do so.
Accounts
For certain aspects of the website, you may be asked to register an account. In the event you agree to register an account, you will select and/or receive a username, and password upon providing registration information, and successfully completing the registration process. This account is personal to you, and you may not share it, or allow any other person to utilize your account. You are responsible for maintaining the confidentiality of your username, and password, and are fully responsible for all activities that occur under your username, and password. You agree to immediately notify RES in the event (a) your registration information changes, or (b) you learn of, or have reason to suspect any unauthorized use of your account, or any other breach of security. You also agree that you will provide truthful, and accurate information during the registration process. RES may refuse to grant a particular username to you for any reason, including, without limitation, in the event RES determines that such username impersonates someone else, is protected by trademark, or other proprietary right law, or is vulgar, or otherwise offensive.
Content
You acknowledge that the website may contain, or provide access to information, software, photos, video, text, graphics, music, sounds, or other material provided by RES, or third parties (collectively, “Content”) that are protected by copyrights, patents, trademarks, trade secrets, or other intellectual property laws, and that these rights are valid, and protected in all forms, media, and technologies existing now or hereafter developed. For the avoidance of doubt, references to Content shall include User Content.
The Content posted by users via the website other than Feedback (defined below) (collectively, “User Content”) is the intellectual property of the specific users of the website who post such User Content, and their licensors, if any. RES does not claim any ownership rights in such User Content. By posting User Content via the website, however, you hereby grant to RES a limited, transferable, nonexclusive, worldwide, perpetual, royalty-free license to use, reproduce, modify, edit, adapt, publish, translate, display, distribute, sell, sublicense, and create derivative works, and compilations incorporating such User Content for purposes of operating the website, and for such other purposes as the User Content was disclosed. RES does not generally monitor, or otherwise remove User Content after it is posted on the website except under certain limited circumstances as required or permitted by law, or otherwise in the sole discretion of RES. In the event you would like to request that RES remove your User Content from the website, please contact RES at [email protected]. Please note however, that if RES agrees, in its sole discretion, to remove your User Content, such User Content may not be completely removed, or may otherwise still be available to others in the following non-exclusive circumstances: (a) your User Content has been incorporated into derivative works, or compilations created by RES, or other parties; (b) such User Content has been retained in RES’s data backup systems, or for archival purposes; or (c) to the extent such User Content has been downloaded by other persons, and such persons retain your User Content.
Feedback
RES welcomes your comments, feedback, information, or materials regarding the website, Content, or RES’s products, or services (collectively, “Feedback”). If you submit Feedback to RES, please note that your Feedback shall become the property of RES. By submitting your Feedback to RES, you agree to assign, and hereby irrevocably assign to RES, all right, title, , and interest in, and to the Feedback, and all copyrights, and other intellectual property rights embodied in such Feedback on a worldwide basis. RES shall be free to use your Feedback on an unrestricted basis. You hereby assign and/or waive, as the case may be, any moral rights that you may have in, or to the Feedback.
Privacy
RES collects, stores, and uses data collected from you via the website in accordance with its Privacy Policy located on the website. The terms, and conditions of the Privacy Policy are hereby expressly incorporated into these Terms of Use.
Links
The website may provide, or third parties may provide, links to other websites, or resources on the Internet. Because RES has no control over such websites, or resources, you acknowledge, and agree that RES is not responsible for the availability of such external websites, or resources, and RES does not endorse, and is not responsible, or liable for any Content, advertising, products, or other materials on, or available from such websites or resources, or for any privacy, or other practices of the third parties operating those websites, or resources. You further acknowledge, and agree that RES shall not be responsible, or liable, directly, or indirectly, for any damage, or loss caused, or alleged to be caused by, or in connection with your use of, or reliance on any such Content, goods, or services available on, or through any such website, or resource. RES strongly encourages you to review any separate terms of use, and privacy policies governing use of these third party websites, and resources.
Purchases
Purchase of products, or services via the website, as applicable, are subject to the RES software, and services Licensing Agreement, Terms of Use, in addition to these Terms of Use, any product or service-specific license, or other agreements governing such products, or services, and any other master, end user, or license agreements between RES, and you and/or the entity you represent. The Purchase Terms, and Conditions are hereby expressly incorporated into these Terms of Use.
User Representations
You hereby represent, and warrant to RES that: (a) you (i) have reached the age of majority in the jurisdiction where you reside (generally 18, 19, or 21 years of age depending on the jurisdiction), (ii) are an emancipated minor under the laws of your jurisdiction of domicile and/or residence, (iii) possess legal parental, or guardian consent, or (iv) otherwise have the power, and authority to enter into, and perform your obligations under these Terms of Use; (b) all information provided by you to RES is truthful, accurate, and complete; (c) you are an authorized signatory of the credit, or debit card, or other method of payment that you provide to RES, or its third-party payment processor to pay the purchase price, and any applicable fees, or taxes related to your purchases of products and/or services via the website; (d) you will comply with the terms, and conditions of these Terms of Use, and any other agreement to which you are subject that is related to your use of the website, Content, or any part thereof; (e) you have provided, and will maintain accurate, and complete registration information with RES, including, without limitation, your legal name, email address, and any other information RES may reasonably require; (f) your access to, and use of the website or any part thereof and/or purchase, and use of any products or services will not constitute a breach, or violation of any other agreement, contract, terms of use, or any law, or regulation to which you are subject; (g) you will immediately notify RES in the event that you learn, or suspect that your registration information, username, or password has been disclosed, or otherwise made known to any other person; (h) you will not use the website in order to gain competitive intelligence about RES, the website, or any product, or service offered by RES via the website, or to otherwise compete with RES, or its affiliates; and (i) if you purport to be the agent of, represent, or otherwise act on behalf of an entity, or any other person, that you are in fact an authorized representative of such entity, or other person, and have the authority to bind such entity, or other person to these Terms of Use. In the event that you post any User Content, or provide any Feedback via the website, you hereby make the following additional representations, and warranties to RES: (1) you are owner of such User Content, or Feedback, or otherwise have the right to grant RES the licenses, or assignments granted pursuant to these Terms of Use; (2) you have secured any, and all consents necessary to post the User Content, or Feedback, and to grant the foregoing licenses, or assignments; (3) the User Content, or Feedback does not violate the rights of any third party, including, without limitation, the intellectual property, privacy, or publicity rights of any third party, and such User Content, or Feedback does not contain any personally identifiable information about third parties in violation of such parties’ rights; (4) the use of any User Content, or Feedback will not result in harm, or personal injury to any third party; and (5) all factual information contained in the User Content, or Feedback is true, and accurate.
Prohibited Uses
You are solely responsible for any, and all acts, and omissions that occur under your account, or password, and you agree not to engage in unacceptable use of the website, or any part thereof, or any Content that you may post, or download via the website, which includes, without limitation: (a) use of the website to post, store, or disseminate material, or information that is, or to a reasonable person may be false, fraudulent, unlawful, harmful, tortious, abusive, obscene, pornographic, defamatory, libelous, harassing, invasive of another’s privacy, offensive, vulgar, threatening, malicious, hateful, or racially, ethnically or otherwise objectionable; (b) use of the website to post, store or disseminate Content, files, graphics, software, or other material, or information that actually, or potentially infringes the rights of any person, including, without limitation, the copyright, trademark, patent, trade secret, or other intellectual property rights, or privacy, moral, or publicity rights, of any person; (c) use of the website to interfere, disrupt, or attempt to gain unauthorized access to other accounts on the website, to Content, to restricted portions of the website, or any other computer network, or equipment; (d) use of the website to post, store or disseminate viruses, Trojan horses, or any other malicious code or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, system, or telecommunications equipment; (e) use of the website to post, store, or disseminate any unsolicited, or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or other fraudulent schemes, or any other form of solicitation; (f) use of any manual, or automated software, devices, or other processes to “crawl”, or “spider” any web pages contained in the website (including, without limitation, the use of robots, bots, spiders, scrapers, or any other means to extract pricing, product, service, or other data from the website); (g) use of the website to gain competitive intelligence about RES, the website, or any product, or service offered by RES via the website, or to otherwise compete with RES, or its affiliates; (h) framing, or otherwise simulating the appearance, or functions of the website, or any portion thereof; (i) harvesting, or otherwise collecting any information about other users, including, without limitation, email addresses, or other contact information of other users; or (j) use of the website to engage in any activity that, as determined by RES, may violate these Terms of Use, violate any applicable laws, or regulations, or conflict with the spirit or intent of these Terms of Use.
Disclaimer
RES uses reasonable efforts to maintain the website, but RES is not responsible for any defects, or failures associated with the website, any part thereof, any Content posted using the website, or any damages (such as lost profits, or other consequential damages) that may result from any such defects, or failures. The website may be inaccessible, or inoperable for any reason, including, without limitation: (a) equipment malfunctions, (b) periodic maintenance procedures, or repairs which RES may undertake from time to time, or (c) causes beyond the control of RES or which are not foreseeable by RES. RES does not control the User Content posted by its users, nor does it have any obligation to monitor such User Content for any purpose. Despite the fact that it has no monitoring obligations, RES reserves the right to remove any, and all material that it feels is actually, or potentially inappropriate, offensive, illegal, or harmful in any respect or which may otherwise violate these Terms of Use. Because the User Content offered via the website is provided by other users, and because RES does not monitor, or exercise control over the User Content, RES does not make any warranties, or representations regarding any of the User Content offered via the website, or the quality thereof. RES does not necessarily approve, endorse, sanction, encourage, verify, or agree with any message posted by its users, or otherwise embodied in the Content. You understand that by using the website, you may be exposed to Content that may be offensive, indecent, vulgar, defamatory, or otherwise objectionable, and that in no way shall RES be liable under any theory for such exposure. RES is not a backup service for storing User Content, and RES shall have no liability regarding any loss of User Content. You are solely responsible for c
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE WEBSITE, ANY CONTENT , AND ANY PRODUCTS, OR SERVICES PROVIDED VIA THE WEBSITE ARE PROVIDED “AS IS”, AND “AS AVAILABLE,”, AND AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT ALLOWED BY LAW, RES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR PURPOSE, TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITATION, RES MAKES NO WARRANTY THAT THE WEBSITE, ANY CONTENT, OR ANY PRODUCTS, OR SERVICES PROVIDED VIA THE WEBSITE WILL MEET YOUR REQUIREMENTS, THAT USE OF THE FOREGOING WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE FOREGOING, OR ANY INFORMATION FOUND THEREON WILL BE ACCURATE, OR RELIABLE, OR THAT THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER
ANY CONTENT, OR OTHER MATERIAL DOWNLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. FURTHER, PLEASE NOTE THAT NO ADVICE, OR INFORMATION, OBTAINED BY YOU THROUGH THE WEBSITE, OR ANY PRODUCT, OR SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.
Release, and Limitation of Liability
TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU EXPRESSLY UNDERSTAND, AND AGREE THAT RES, AND ITS PARENT, SUBSIDIARY, AND RELATED COMPANIES , AND THEIR PERSONNEL SHALL NOT BE LIABLE FOR, AND YOU HEREBY RELEASE THE FOREGOING PARTIES FROM, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (A) THE USE, OR THE INABILITY TO USE THE WEBSITE, ANY CONTENT OR ANY PRODUCTS, OR SERVICES PURCHASED VIA THE WEBSITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS, AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION, OR SERVICES PURCHASED, OR OBTAINED, OR MESSAGES RECEIVED, OR TRANSACTIONS ENTERED INTO THROUGH, OR FROM THE WEBSITE, OR OTHERWISE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT, OR DATA; OR (D) ANY OTHER MATTER RELATING TO THE WEBSITE, ANY CONTENT, OR THE PURCHASE OF RES’S PRODUCTS, OR SERVICES. IF YOU HAVE SUFFERED ANY OF THE ABOVE DESCRIBED DAMAGES, OR LOSSES, OR IF YOU ARE OTHERWISE DISSATISFIED WITH THE WEBSITE, YOUR SOLE, AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USE OF THE WEBSITE, AND TERMINATE THESE TERMS OF USE IN ACCORDANCE WITH THEIR TERMS. TO THE MAXIMUM EXTENT ALLOWED BY LAW, IN NO EVENT SHALL RES, AND ITS PARENT, SUBSIDIARY , AND RELATED COMPANIES, AND THEIR PERSONNEL’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE, PURCHASING ANY CONTENT, OR PURCHASING RES’S PRODUCTS, OR SERVICES, OR ANY AMOUNT RETAINED BY RES FOR PROVIDING THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, OR THE LIMITATION, OR EXCLUSION OF LIABILITY FOR INCIDENTAL, OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification
You agree to defend, indemnify, and hold harmless RES, its parent, subsidiary, and affiliated companies, and their officers, members, directors, employees, and agents from, and against any, and all claims, liabilities, damages, losses, or expenses, including attorneys’ fees, and costs, and expenses, arising out of, or in any way connected with (a) your access to, or use of the website or any part thereof, (b) any User Content you post via the website, (c) a breach, or alleged breach by you of any of your representations, warranties, covenants, or obligations under these Terms of Use, (d) infringement, or misappropriation of any intellectual property, or other rights of RES, or third parties by you, (e) any negligence, or willful misconduct by you, (f) any other claim related to your performance under these Terms of Use, or (g) your use of any Content, services, or products provided by RES.
Term, and Termination
These Terms of Use are effective upon your unequivocal acceptance as set forth herein, and shall continue in full force until terminated. You agree that RES, in its sole discretion, may terminate your use of the website, or any part thereof at any time without notice, and remove, and discard any Content, in the event you violate these Terms of Use, or in the event your account has been inactive for an extended period of time in RES’s discretion. You agree that RES may immediately suspend your account, and your access to the website, or any part thereof without notice in order to conduct an investigation in the event it believes you have violated these Terms of Use, or if it determines that you are a repeat infringer of another’s intellectual property, or other rights. RES may also, in its sole discretion, and at any time, discontinue providing the website, any part thereof, any Content, or any products, or services advertised on the website, with or without notice. In addition to any other method of termination or suspension provided for herein, RES reserves the right to terminate these Terms of Use at any time, and for any reason. Further, you agree that RES shall not be liable to you, or any third-party for any termination, or suspension of your access to the website, or any part thereof, removal of Content, or sale of any products, or services. You may terminate these Terms of Use at any time by immediately discontinuing all access to the website , and by providing notice to RES of such discontinuance. Termination, or cancellation of these Terms of Use shall not affect any right, or relief to which RES may be entitled at law, or in equity. Upon termination of these Terms of Use, you shall terminate all use of the website, and any Content, products, or services provided thereon.
Governing Law, and Other Miscellaneous Terms
The validity, and effect of these Terms of Use shall be governed by, construed, and enforced in accordance with the laws of the state of California, without regard to its conflicts, or choice of laws principles. ANY SUIT, ACTION, OR PROCEEDING CONCERNING OR RELATING TO THE WEBSITE, ITS USE, THESE TERMS OF USE, ANY SALE OR ANY OTHER PRODUCT, SERVICE, POLICY, OR PROCEDURE OF RES, MUST BE BROUGHT EXCLUSIVELY IN A COURT LOCATED IN, OR EXERCISING JURISDICTION OVER LOS ANGELES COUNTY, CALIFORNIA, AND YOU HEREBY IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURT (AND OF THE APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION, OR PROCEEDING. YOU IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH YOU MAY NOW OR HEREAFTER HAVE TO THE LAYING OF VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT, OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT, OR IMPROPER FORUM. The United Nations Convention on Contracts for the International Sale of Goods, and the Uniform Computer Information Transactions Act shall not apply to these Terms of Use.
The parties agree that breach of the provisions of these Terms of Use would cause irreparable harm, and significant injury to RES which would be both difficult to ascertain, and which would not be compensable by damages alone. As such, the parties agree that RES has the right to enforce the provisions of these Terms of Use by injunction (without necessity of posting bond), specific performance, or other equitable relief without prejudice to any other rights, and remedies RES may have for your breach of these Terms of Use. If any action at law, or in equity is necessary to enforce these Terms of Use, the prevailing party will be entitled to reasonable fees of attorneys, accountants, and other professionals, and costs, and expenses in addition to any other relief to which such prevailing party may be entitled. The captions, and headings of these Terms of Use are included for ease of reference only, and will be disregarded in interpreting, and construing these Terms of Use.
If the performance of any part of these Terms of Use by either party (other than payment of money) is prevented, hindered, delayed, or otherwise made impracticable by reason of any flood, riot, fire, judicial, or governmental action, labor dispute, act of God, telecommunications failure, or any other cause beyond the control of either party, that party shall be excused from such performance to the extent that it is prevented, hindered or delayed by such cause. These Terms of Use, including any other product, or service-specific license agreements, any other master, end user, or license agreements between RES, and you and/or the entity you represent, and any additional terms referenced or incorporated herein, constitute the complete, and exclusive statement of the agreement between the parties with respect to the website, Content, and products, and services offered via the website, and unless otherwise expressly provided herein, they supersede any, and all prior, or contemporaneous communications, representations, statements, and understandings, whether oral or written, between the parties concerning the website, Content, and products, and services sold via the website. If any provision of these Terms of Use is found unlawful, or unenforceable in any respect, the court shall reform such provision so as to render it enforceable or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision. As so reformed, or modified, the court shall fully enforce these Terms of Use. The provisions of these Terms of Use that by their content are intended to survive the expiration, or termination of these Terms of Use, including, without limitation, provisions governing ownership, and use of intellectual property, representations, disclaimers, warranties, liability, indemnification, governing law, jurisdiction, venue, remedies, rights after termination, and interpretation, will survive the expiration, or termination of these Terms of Use for their full statutory period. RES makes no representation that the website, Content, or other material or information on the website is appropriate to, or available in locations outside of the United States. You may not use the website, or export Content in violation of United States export laws, regulations, or restrictions. If you access the website from outside of the United States, you are responsible for compliance with all applicable laws.
Copyright, and Copyright Notices
RES respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied on the website in a way that constitutes copyright infringement, please provide RES’s Copyright Agent the following information
:an electronic, or physical signature of the owner, or person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the website sufficient to allow us to locate the allegedly infringing material;
your address, telephone number, and email address;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; anda 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.
Please contact RES’s Copyright Agent for Notice of Claims of copyright infringement at: [email protected]. Copyright owners, and agents acknowledge that failure to comply with all of the requirements of the foregoing may result in an invalidity of the Digital Millennium Copyright Act notice.
Counter-Notice:
If you believe that the User Content that was removed (or to which access was disabled) is not infringing, or that you have authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post, and use the User Content, you may send a counter-notice containing the following information to the Copyright Agent:your physical, or electronic signature;identification of the User Content that has been removed, or to which access has been disabled, and the location at which the User Content appeared before it was removed, or disabled;a statement that you have a good faith belief that the User Content was removed, or disabled as a result of mistake, or a misidentification of the User Content; andyour name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in the District of California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, RES may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed User Content, or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the person providing such User Content, the removed User Content may be replaced, or access to it restored, in 10 to 14 business days, or more after receipt of the counter-notice, at RES’s sole discretion. How to Contact RES If you have any comments, or questions, please do not hesitate to contact RES Client Services, at 866-618-9428 or [email protected].
STATE SPECIFIC RIGHTS.
If you are a resident of the below or certain other states, you may have certain privacy rights. These may include, as applicable, but are not limited to the right to: a) access Personal Information that we collect or retain about you; b) request to correct inaccuracies regarding your Personal Information; c) request deletion of your Personal Information; d) obtain a copy of your Personal Information; and e) opt-out of certain targeted advertising activities (if applicable). Please note that these rights are not absolute, and we may be entitled to refuse requests, wholly or in part, where exceptions under applicable law apply.
California Residents
Scope. This section applies to California residents and describes how we collect, use, and share Personal Information of California residents in our capacity as a “business” under the California Consumer Privacy Act (“CCPA”) and your rights with respect to that Personal Information. For purposes of this section, the term “Personal Information” has the meaning given in the CCPA but does not include information exempted from the scope of the CCPA. Please note that we may claim legal exemptions for certain types of personal information and certain Revolution companies from all or certain parts of the CCPA. In some cases, we may elect to provide a different privacy notice to certain categories of California residents, such as employees and job applicants, in which case that notice will apply instead of this section. Your California privacy rights. As a California resident, you have the rights listed below. However, these rights are not absolute, and in certain cases we may decline your request as permitted by law. Unless otherwise specified, these rights are available directly within the Revolution Service, by contacting [email protected] and/or by contacting [email protected]. Access. You may request that we provide the following information about how we have collected and used your Personal Information during the past twelve (12) months, where applicable: the categories of Personal Information we have collected about you, the sources from which that information was collected, the business or commercial purpose for collecting, selling, and/or sharing your Personal Information, if applicable the categories of Personal Information we shared or sold about you, if applicable the categories of third parties to whom we shared or sold personal information about you, if applicable the categories of Personal Information we disclosed for a business purpose, and the categories of third parties to whom we disclosed Personal Information about you for a business purpose. Request a copy of your Personal Information. You may request a copy of the Personal Information by contacting [email protected] or via Direct Mail as identified in the How To Contact Us Section above. Correction. You can edit and correct your Personal Information at any time by changing it directly in our Services or by contacting [email protected]. Deletion. You may have the right, under certain circumstances, to request that we delete the Personal Information you have provided to us. As noted in the Retention provisions above, certain information and records will be maintained by Revolution under a legal obligation (e.g., a W2 for government reporting purposes) until such legal obligation has been extinguished. Opt-out of Sales and/or Sharing. Revolution does not intentionally or negligently engage in the act of “selling” or “sharing” Personal Information with advertising partners. Limit processing of sensitive personal information. We only use sensitive personal information as necessary for our: (1) Service delivery and operations; (2) compliance and protection; (3) research and development; or (4) Service improvement and analytics purposes in accordance with CCPA. If we use sensitive personal information outside the permitted purposes of CCPA, we will provide you with the right to limit processing of sensitive personal information. Non-discrimination. You have the right to be free from discrimination or retaliation related to your exercise of any of your California privacy rights. Verification. In order to protect your personal information from unauthorized access or deletion, we may require you to verify your credentials before you can submit a rights request. If you do not have an account with us, or if we suspect your account has been accessed without your authorization, we may ask you to provide additional personal information for verification. If we are subsequently unable to confirm your identity, we may refuse your rights request. Authorized agents. You may use an authorized agent to submit a rights request. If you do so, the authorized agent must present signed written authorization to act on your behalf, and you will also be required to independently verify your own identity directly with us and confirm with us that you provided the authorized agent permission to submit the rights request. This verification process is not necessary if your authorized agent provides documentation showing that the authorized agent has power of attorney to act on your behalf under Cal. Prob. Code §§ 4121 to 4130.
Colorado Residents Scope. This section applies to Colorado residents and describes how we collect, use, and share Personal Data of Colorado residents in our capacity as a business under the Colorado Privacy Rights Act (“CPA”) and your rights with respect to that Personal Data. For purposes of this section, the term “Personal Data” has the meaning given in the CPA but does not include information exempted from the scope of the CPA. Please note that we may claim legal exemptions for certain types of personal information and certain Revolution companies from all or certain parts of the CPA. Your Colorado privacy rights. As a Colorado resident, you have the rights listed below. However, these rights are not absolute, and in certain cases we may decline your request as permitted by law. Unless otherwise specified, these rights are available directly within the Revolution Service, by contacting [email protected] and/or by contacting [email protected]. Access. You may request a copy of the Personal Information by contacting [email protected] or via Direct Mail as identified in the How To Contact Us Section above. Correction. You can edit and correct your personal information at any time by changing it directly in our Services or by contacting [email protected]. Deletion. You may have the right, under certain circumstances, to request that we delete the Personal Information you have provided to us. As noted in the Retention provisions above, certain information and records will be maintained by Revolution under a legal obligation (e.g., a W2 for government reporting purposes) until such legal obligation has been extinguished. No tracking for targeted advertising purposes. Revolution does not intentionally or negligently use your information to engage in targeted advertising. No profiling. Revolution does not engage in the automated processing of your Personal Data to evaluate, analyze, or predict personal aspects related to your economic situation, health, personal preferences, interests, reliability, behavior, location, or movements, to the extent this results in decisions that produce legal or similarly significant effects. Sensitive Personal Data. We will not process your sensitive personal data without your consent or suitable lawful basis. Non-discrimination. You have the right to be free from discrimination related to your exercise of any of your Colorado privacy rights. Authentication. In order to protect your Personal Data from unauthorized access or deletion, we may require you to verify your credentials before you can submit a rights request. If you do not have an account with us, or if we suspect that your account has been accessed without your authorization, we may ask you to provide additional personal information for verification. If we are subsequently unable to confirm your identity, we may refuse your rights request.
Connecticut Residents
Scope. This section applies to Connecticut residents and describes how we collect, use, and share Personal Data of Connecticut residents in our capacity as a business under the Connecticut Data Privacy Act (“CDPA”) and your rights with respect to that Personal Data. For purposes of this section, the term “Personal Data” has the meaning given in the CDPA but does not include information exempted from the scope of the CDPA. Please note that we may claim legal exemptions for certain types of personal information and certain Revolution companies from all or certain parts of the CDPA. Your Connecticut privacy rights. As a Connecticut resident, you have the rights listed below. However, these rights are not absolute, and in certain cases we may decline your request as permitted by law. Unless otherwise specified, these rights are available directly within the Revolution Service, by contacting [email protected] and/or by contacting [email protected]. Access. You may request a copy of the Personal Information by contacting [email protected] or via Direct Mail as identified in the How To Contact Us Section above. Correction. You can edit and correct your personal information at any time by changing it directly in our Services or by contacting [email protected]. Deletion. You may have the right, under certain circumstances, to request that we delete the personal information you have provided to us. As noted in the Retention provisions above, certain information and records will be maintained by Revolution under a legal obligation (e.g., a W2 for government reporting purposes) until such legal obligation has been extinguished. No tracking for targeted advertising purposes. Revolution does not intentionally or negligently use your information to engage in targeted advertising. No profiling. Revolution does not engage in the automated processing of your Personal Data to evaluate, analyze, or predict personal aspects related to your economic situation, health, personal preferences, interests, reliability, behavior, location, or movements, to the extent this results in decisions that produce legal or similarly significant effects. Sensitive Personal Data. We will not process your sensitive personal data without your consent or suitable lawful basis. Non-discrimination. You have the right to be free from discrimination related to your exercise of any of your Connecticut privacy rights. Authentication. In order to protect your Personal Data from unauthorized access or deletion, we may require you to verify your credentials before you can submit a rights request. If you do not have an account with us, or if we suspect that your account has been accessed without your authorization, we may ask you to provide additional personal information for verification. If we are subsequently unable to confirm your identity, we may refuse your rights request.
Virginia Residents
Scope. This section applies to Virginia residents and describes how we collect, use, and share Personal Data of Virginia residents in our capacity as a business under the Virginia Consumer Data Protection Act (“VCDPA”) and your rights with respect to that Personal Data. For purposes of this section, the term “Personal Data” has the meaning given in the VCDPA but does not include information exempted from the scope of the VCDPA. Please note that we may claim legal exemptions for certain types of personal information and certain Revolution companies from all or certain parts of the VCDPA. Your Virginia privacy rights. As a Virginia resident, you have the rights listed below. However, these rights are not absolute, and in certain cases we may decline your request as permitted by law. Unless otherwise specified, these rights are available directly within the Revolution Service, by contacting [email protected] and/or by contacting [email protected]. Access. You may request a copy of the Personal Information by contacting [email protected] or via Direct Mail as identified in the How To Contact Us Section above. Correction. You can edit and correct your personal information at any time by changing it directly in our Services or by contacting [email protected]. Deletion. You may have the right, under certain circumstances, to request that we delete the personal information you have provided to us. As noted in the Retention provisions above, certain information and records will be maintained by Revolution under a legal obligation (e.g., a W2 for government reporting purposes) until such legal obligation has been extinguished. No tracking for targeted advertising purposes. Revolution does not intentionally or negligently use your information to engage in targeted advertising. No profiling. Revolution does not engage in the automated processing of your Personal Data to evaluate, analyze, or predict personal aspects related to your economic situation, health, personal preferences, interests, reliability, behavior, location, or movements, to the extent this results in decisions that produce legal or similarly significant effects. Sensitive Personal Data. We will not process your sensitive personal data without your consent or suitable lawful basis. Non-discrimination. You have the right to be free from discrimination related to your exercise of any of your Virginia privacy rights. Authentication. In order to protect your Personal Data from unauthorized access or deletion, we may require you to verify your credentials before you can submit a rights request. If you do not have an account with us, or if we suspect that your account has been accessed without your authorization, we may ask you to provide additional personal information for verification. If we are subsequently unable to confirm your identity, we may refuse your rights request.
