YOUR USE OF THIS WEB SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE.
1. Acceptance of Terms.
“Licensed Product”refers to one or more proprietary electronic databases of information developed and maintained by RainKing and licensed to RainKing customers pursuant to the terms of a written subscription agreement between RainKing and each such customer (“Subscription Agreement”), including the organization and structures for categorizing, sorting and displaying such information, and any related software or reports. Examples of Licensed Product currently include without limitation: RainKing IT; RainKing Marketing; RainKing Dealstorm; and RainKing for Staffing. Currently, the foregoing examples of the Licensed Product are typically accessed by Paid Users through and as part of the Site.
A “Paid User” is an individual authorized to use a Licensed Product pursuant to the terms and conditions of a Subscription Agreement (as defined below) between RainKing and the individual’s current employer.
“Passcodes” refers to a UserID, password, and/or other credential that enables access to the Licensed Product.
3. Free Trial.
4. Permitted Uses.
5. Prohibited Conduct.
Unless we expressly agree otherwise in writing, if you provide us with any ideas, proposals, suggestions, or materials (“Feedback”), whether related to the Licensed Product, Site, Services, or otherwise, you hereby acknowledge and agree that: (a) your provision of any Feedback is gratuitous, unsolicited, and without restriction, and does not place RainKing under any fiduciary or other obligation; and (b) any Feedback is not confidential and RainKing has no confidentiality obligations with respect to such Feedback. Without limiting the foregoing, all Feedback shall be deemed a Submission and licensed to us pursuant to Section7, above.
10. RainKing's Proprietary Rights.
Trade names, trademarks, and service marks on or in the Licensed Product, Sites, or Services, including without limitation RainKing Software, RainKing, and the RainKing logo, are owned by RainKing, RainKing’s licensors or other respective owners. Such trade names, trademarks, and service marks, whether registered or unregistered, may not be used in connection with any product or service that is not ours, or in any manner that is likely to cause confusion.
12. Export Issues.
The Licensed Product, Site, and Services are controlled and operated by RainKing from the United States, and are not intended to subject RainKing to the laws or jurisdiction of any state, country, or territory other than that of the United States. RainKing neither represents nor warrants that the Licensed Product, Site, or Services or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Licensed Product, Site, or Services, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules, and regulations. You are also subject to United States export controls and are responsible for any violations of such controls, including any United States embargoes or other federal rules and regulations restricting exports. We may limit the availability of the Licensed Product, Site, or Services, in whole or in part, to any person, geographic area, or jurisdiction we choose, at any time without prior notice. Not all products or services described on the Licensed Product, Site, or Services are available in all states or territories.
13. DISCLAIMER OF WARRANTIES.
THE SITE, SERVICES, AND ANY LICENSED PRODUCTS MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SITE OR SERVICES ARE PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE LICENSED PRODUCT, SITE, OR SERVICES, INCLUDING WITHOUT LIMITATION ANY RELIANCE ON THE ACCURACY, COMPLETENESS, AVAILABILITY OR USEFULNESS OF ANY MATERIALS AVAILABLE THROUGH THE LICENSED PRODUCT, SITE, OR SERVICES. RAINKING DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE, SERVICES, OR ANY LICENSED PRODUCT MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SITE OR SERVICES (INCLUDING WITHOUT LIMITATION THIRD-PARTY PRODUCTS AND SERVICES) TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE.
14. LIMITATION OF LIABILITY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW,NEITHER RAINKING, NOR ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, PARTNERS, SUCCESSORS, AND PERMITTED ASSIGNS (“RAINKING PARTIES”) WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES OR LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE LICENSED PRODUCT, SITE, OR SERVICES OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, THE RAINKING PARTIES WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE, THE LICENSED PRODUCT, SITE, OR SERVICES, OR FROM ANY CONTENT POSTED ON THE LICENSED PRODUCT OR SITE OR IN CONNECTION WITH THE SERVICES BY RAINKING OR ANY THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE LICENSED PRODUCT, SITE, OR SERVICES IS TO STOP USING THE LICENSED PRODUCT, SITE, OR SERVICES. THE MAXIMUM AGGREGATE, CUMULATIVE LIABILITY OF RAINKING FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO RAINKING TO ACCESS AND USE A LICENSED PRODUCT, THE SITE, OR SERVICES DURING THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE SUCH CLAIM(S) AROSE.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS/HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM/HER MUST HAVE MATERIALLY AFFECTED HIS/HER SETTLEMENT WITH THE DEBTOR."
THESE FOREGOING LIMITATIONS APPLY WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF THE RAINKING PARTIES WERE NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
16. Governing Law.
17. Survival Clause.
18. Copyright Infringement Claims.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site or in connection with the Services infringe your copyright, you (or your agent) may send RainKing a written notice by mail, email, or fax requesting that RainKing remove the material or disable access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send RainKing a counter-notice. Notices and counter-notices must meet then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. It is RainKing’s policy to terminate in appropriate circumstances the accounts of repeat infringers. Notices and counter-notices should be sent to RainKing’s DMCA Agent:
RainKing Software, Inc.
7700 Old Georgetown Rd.
Bethesda, MD 20814
19. Notice for California Residents.
Although the Licensed Product, Site,and Services are meant for business professionals, rather than individual consumers in their personal capacity, under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site or Services, please contact us in writing to Melissa Macatuno, Marketing Manager, RainKing Software, Inc., 7700 Old Georgetown Rd., Bethesda, MD 20814 or by email to firstname.lastname@example.org. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.