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Terms of Use

RIZEPOINT END USER AGREEMENT

LAST MODIFIED:  December 17, 2017

THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT IMPACT YOU RIGHTS ABOUT HOW TO RESOLVE DISPUTES

PLEASE READ THIS AGREEMENT CAREFULLY. This End User Agreement (“Agreement”) applies to your use of the “Management Console / Mobile Auditor” with the “RizePoint Brand Experience Platform,” including all related web-based, mobile and desktop applications, platforms, and any other services offered under this Agreement (the “Services”). Your use of the Services is also subject to our Privacy Policy, which covers how we collect, use, share, and store your personal information. By clicking “I Agree,” or by downloading, accessing, browsing, and/or using the Services, which belongs to Steton Technology Group dba RizePoint (“RizePoint”, “we”, or “us”), you agree to this Agreement without limitation or qualification. You acknowledge and agree that your access to and use of the Services is conditioned upon that certain Terms and Conditions entered into by your employer or sponsor with RizePoint (“Terms and Conditions”).

Please note: this Agreement contains disclaimers and other provisions that limit the liability of RizePoint and its affiliates to you. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT ACCESS OR USE THE SERVICES.

You attest that you are at least eighteen (18) years of age. You further warrant that you will not use the Services for any unlawful purpose.

We reserve the right to change this Agreement from time to time. The Agreement may be updated by making the new or updated Agreement available through the Services, and the latest modification date is posted at the top of this Agreement. Your continued use of the Services following the posting of changes to this Agreement (including the Privacy Policy) will mean you accept those changes and that such changes shall apply to your use of the Services after such changes have been made available.

1. Jurisdiction and Choice of Law

We control and operate our business and the Services from RizePoint’s headquarters in Salt Lake City, Utah, United States of America; RizePoint makes no representation that these materials are appropriate or available for use in other locations. We recognize that it is possible for you to obtain access to our Services from any jurisdiction in the world, but we have no practical ability to prevent such access. If any material we provide, or your use of the Services, is contrary to the laws of the place from which you access the Services, then the Services not intended for your use.

If you use the Services from locations outside of the United States you are responsible for compliance with applicable your local laws. Further, if you use or download materials from the Services, you represent and warrant that you are not located in, or under the control of, any country to which the U.S. has placed an embargo forbidding such access or use. The laws of the State of Utah govern this Agreement and your use of the Services.

2. License Grant and Restrictions on Use

Subject to the terms of this Agreement, RizePoint grants you a limited, non-exclusive and nontransferable license to download, install and use the Services for your personal use strictly in accordance with the Services’ documentation and the terms of this Agreement.

The material made available through the Services is provided for lawful purposes only. Modification or use of the materials for any other purpose violates the RizePoint’s intellectual property rights.

If you do download images or other material from the Services, all files, images, and accompanying data are deemed to be licensed to you by RizePoint, which retains full and complete title to such images and material. All of the Material available on RizePoint’s Services is proprietary and the subject of copyright, author’s rights or other rights and nothing herein shall be construed as conferring in any manner, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith. You agree not to create any kind of derivative works from, or exploit this material in any way.

You agree that the unauthorized use of this material could cause irreparable harm to RizePoint and that in the event of an unauthorized use, RizePoint shall be entitled to obtain an injunction in addition to any other remedies available at law or in equity.

You agree to: (1) choose a strong and secure password; (2) keep your password secure and confidential; (3) comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements; and (4) provide accurate information to us.

You also agree to not: (1) use the Services to post, access, or distribute any unlawful, or inappropriate links or content; (2) develop, support or use software, devices, scripts, robots, or any other means or processes to scrape the Services or to otherwise copy data from the Services; (3) copy, use, disclose, or distribute any information obtained from the Services, whether directly or through third parties without our consent; (4) violate the intellectual property or other rights of RizePoint or any third parties; (5) introduce anything to the Services that contains software viruses, worms, or any other harmful code; (6) reverse engineer, decompile, disassemble, decipher, or otherwise attempt to device the source code for the Services or any related technology that is not open source; (7) rent, lease, loan, trade, sell/re-sell access to the Services or relate data; (8) remove any copyright, trademark or other proprietary rights notices contained in or on our Services; or (9) use the Services for any task that they are not intended for.

3. Disclaimers

Your use of and access to the Services are at your risk. Neither RizePoint nor any other party involved in creating, producing, or delivering the Services is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Services. Without limiting the foregoing, THE SERVICES ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

RizePoint also assumes no responsibility, and shall not be liable for, any damages to, or viruses or other contaminating or destructive properties that may infect, your computer equipment or other property on account of your access to or use of the Services or mobile application or your downloading of any materials, data, text, images, video, or audio from the Services or mobile application.

RizePoint assumes no responsibility, and shall not be liable for, the accuracy of any material or information made available through the Services.

4. Restriction on RizePoint’s Liability

RIZEPOINT WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY YOUR USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE. RIZEPOINT WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS MADE AVAILABLE THROUGH THE SERVICES, EVEN IF THERE IS NEGLIGENCE OR RIZEPOINT OR AN AUTHORIZED RIZEPOINT REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH.

The above limitations or exclusions may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages.

RizePoint’s total liability to you for all losses, damages, and causes of action in contract, tort (including without limitation, negligence), or otherwise for accessing this Services may be limited by the Terms and Conditions, but in no event will be greater than the amount paid by your employer or sponsor under the Terms and Conditions to access the Services.

5. Rights, Trademarks and Copyrights

As between you and RizePoint, you own the content and information that you submit or post to the Services and you grant RizePoint a worldwide, transferable and sub-licensable right to use, copy, modify, distribute, public, and process, information and content that you provide through our Services, without any further consent, notice and/or compensation to you or others. You agree that we may access, store, and use any information that you provide in accordance with the terms of our Privacy Policy. By submitting suggestions or other feedback regarding our Services, you agree that we can use and share such feedback for any purpose without any compensation due to you.

The Services and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by RizePoint, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and/or other intellectual property or proprietary rights laws.

No right, title or interest in or to the Services or any content made available through the Services is transferred to you, and all rights not expressly granted are reserved by RizePoint. Any use of the Services not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark and other laws.

RizePoint, Mobile Auditor, and all related names, logos, product and service names, designs and slogans are trademarks of RizePoint or its affiliates or licensors. You must not use such marks without the prior written permission of RizePoint. All other names, logos, product and service names, designs and slogans on this website are the trademarks of their respective owners.

6. Copyright Infringement

If you believe that any material contained in Services infringes your copyright, you should notify RizePoint of your copyright infringement claim. We will process notices of alleged infringement which we receive and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws.

The DMCA requires that notifications of claimed copyright infringement should be sent to our Designated Agent, who is:

RizePoint, Attn: Copyright Agent2890 E. Cottonwood Parkway Suite 250Salt Lake City, Utah 84121Fax: 801-401-7168Email: copyright@rizepoint.com

To be effective, the notification must be in writing and contain the following information:

  1. physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. a description of the copyrighted work(s) claimed to have been infringed;
  3. identification of where on our Services we can find the material that is claimed to be infringing or to be the subject of infringing activity;
  4. your contact information (address, telephone number, and/or electronic mail address);
  5. a statement by you that you have a good faith belief that our use is not authorized by the copyright owner, its agent, or the law; and
  6. a statement by you, under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or authorized to act on that owner’s behalf.

7. Termination

RizePoint or you may terminate this Agreement at any time, and this Agreement will automatically terminate upon expiration or earlier termination of the Terms and Conditions for any reason. Upon termination of this Agreement for any reason, you must: (a) destroy all materials obtained from the RizePoint Services and all related documentation and all copies and installations thereof, and (b) cease using the Services. However, if you visit RizePoint Services anew, you will be opting to re-enter into this Agreement.

RizePoint may terminate this Agreement immediately without notice if, in its sole judgment, you breach any term or condition of this Agreement.

8. Dispute Resolution

YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND RIZEPOINT WITH REGARD TO THIS AGREEMENT OR YOUR USE OF THE SERVICES WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING N ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.

9. Indemnification

If you cause a technical disruption of Services or related systems to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. You agree to indemnify, defend and hold harmless RizePoint and its officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your use of Services and any violation of this Agreement.

10. Miscellaneous Legal

If any part of this Agreement is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

11. Contact

If you have any questions regarding this Agreement, you may contact us at customerservice@rizepoint.com. When contacting us, so that we can respond, please include your full name and the contact information for your preferred mode of contact (mail, email, or phone), and please describe the specific nature of your request.