RIZEPOINT WEBSITE TERMS OF USE

LAST MODIFIED:  November 20, 2017

 

PLEASE READ THESE TERMS OF USE CAREFULLY.  By accessing, browsing, and/or using the pages in this website (“Site”), which belongs to Steton Technology Group dba RizePoint (“RizePoint”, “we”, or “us”), you agree to these Terms of Use without limitation or qualification.

Please note: these Terms of Use contain disclaimers and other provisions that limit the liability of RizePoint and its affiliates to you. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE DO NOT ACCESS, BROWSE, OR USE THIS SITE.

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

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

 

  1. Jurisdiction and Choice of Law

We control and operate our business and this Site 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 website 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 this site, is contrary to the laws of the place from which you access the site, then this site is not intended for your use.

If you use this site 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 our site or application, 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 these Terms of Use and your use of this Site, and you irrevocably consent to the jurisdiction of the courts located in Salt Lake City, Utah, for any action arising out of or relating to these Terms of Use.

 

  1. Restrictions on Use

The material in this Site 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 our Site, 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 Sites 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.

 

  1. Material that You Elect to Provide to RizePoint Via This Site

All remarks, comments, graphics, photos, or other information communicated to RizePoint through this site or the application will forever be the property of RizePoint.  RizePoint will not be required to treat your submission as confidential, and will be entitled to use your submission for any commercial or other purposes whatsoever without compensation to you or any other person involved with your submission. Further, RizePoint will have exclusive ownership of all present and future existing rights to your submission of every kind and nature everywhere. This means that anything submitted by you to the Site (i.e., text, photos, videos) may be used by RizePoint for any purpose, now or in the future, without any payment to, or further authorization by, you. RizePoint also has the right, but not the obligation, to use your name (if you opted to provide that) in connection with the broadcast, print, online or other use or publication of your Submission.

You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. RizePoint will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any such information or materials.

Although we may from time to time monitor or review postings, transmissions, and the like on this Site, we are under no obligation to do so and assume no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the site where you may have posted or transmitted material.

You agree that RizePoint is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information. By sending an unsolicited submission you waive the right to make any claim against us relating to our use of such submission, including, without limitation, infringement of proprietary rights, unfair competition, breach of implied contract or breach of confidentiality.

 

  1. Privacy Policy

To find out more about RizePoint’s privacy practices involving your personally identifiable information, please see our Privacy Policy. Except where other notices or consents are required by law, by accessing, browsing, and/or using the pages or services posted on this site or the application, you agree to this Privacy Policy.

 

  1. Disclaimers

Your use of and browsing in the Site are at your risk. Neither RizePoint nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the site or application. Without limiting the foregoing, everything on the site or application is 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, use of, or browsing in the site or mobile application or your downloading of any materials, data, text, images, video, or audio from the site or mobile application.

The material in this Site could include technical inaccuracies or typographical errors. We may make changes or improvements at any time.

 

  1. Restricton on RizePoint’s Liability

RIZEPOINT will not be liable for any damages or injury caused by your use of this site, 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 in this site or application, 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 visiting this site will not be greater than the amount you paid to access this site.

 

  1. Trademarks and Copyrights

You should assume that everything you see or read on the Site is copyrighted material unless otherwise noted, and may not be used except as provided in these Terms of Use (or in the text on the Site) without the written permission of RizePoint. You or third parties acting on your behalf are not allowed to frame the Sites or use our proprietary marks as meta tags, without our express written consent.

Further, you do not have permission to infringe or otherwise use our trademarks.

 

  1. Copyright Infringement

If you believe that any material contained in our Site 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 this Site’s Designated Agent, who is:

RizePoint
Attn:  Copyright Agent
2890 E. Cottonwood Parkway, Suite 250
Salt Lake City, Utah  84121
Fax: 801-401-7168
Email: 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 Site 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.

 

  1. Termination

RizePoint or you may terminate this agreement at any time. You may terminate this agreement by destroying: (a) all materials obtained from the RizePoint sites, and (b) all related documentation and all copies and installations. However, if you visit RizePoint Sites anew, you will be opting to re-enter into this Terms of Use.

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

 

  1. Indemnification

If you cause a technical disruption of this Site or the systems transmitting the Site 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 this Site and any violation of these Terms of Use.

 

  1. 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.

 

  1. 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.