Terms and Conditions
LAST MODIFIED: 3/18/2021
IF YOU ARE UNDER 18 YEARS OLD, YOUR PARENT OR LEGAL GUARDIAN MUST READ, UNDERSTAND, AND AGREE TO THESE TERMS ON YOUR BEHALF PRIOR TO YOUR USE OF THE SITE. IN NO EVENT MAY YOU USE THIS SITE IF YOU ARE UNDER THE AGE OF 13.
CHANGES TO THE SITE OR TERMS
We reserve the right, at any time, to modify, suspend, or discontinue the Site or Terms (in whole or in part) at our sole discretion without notice to you. We will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof. Any modification to the Terms will become effective when posted. ANY ACCESS OR USE OF THIS SITE OR CONTENT BY YOU AFTER THE POSTING OF THE
REVISED TERMS WILL CONSTITUTE YOUR AGREEMENT TO SUCH REVISED TERMS. No modification to these Terms by you will be valid or enforceable against us unless expressly agreed to by us in a writing signed by a duly authorized officer of RezBats.
TERM AND TERMINATION
These Terms will remain in full force and effect during your use of the Site. In the event of termination of these Terms with respect to you, you will no longer be authorized to access or use the Site or any Content.
In the event of a termination of these Terms or termination of your access to and use of the Site, Sections 3b, 4, and 7 through 13 of these Terms will survive and continue in full force and effect. Further, all rights granted by you will remain in full force and effect and we may, but are not obligated to, delete any of your personal data collected in the operation of the Site unless otherwise required by law.
SITE LICENSE; SITE CONTENT
- License. Subject to these Terms, we grant you a non-transferable, non-exclusive, revocable, limited license to use and access the Site solely for your own personal, non-commercial use. Unauthorized access to or use of the Site is a breach of these Terms and may be a violation of law.
- Site Content. Unless specifically permitted in the Terms, no information, materials, or other content distributed through the Site (collectively “Content”) may be reproduced in any form without the prior written consent of RezBats. The Site and the Content and all intellectual property found in the Site are the property of RezBats, its licensees or licensors and that respective person or entity shall retain. the exclusive right, title and ownership in and to all copyrights, trademarks and other intellectual property and proprietary rights in the Site and all Content. The Site and the Content are protected by copyright laws and international treaty provisions.
DISCLAIMER OF WARRANTIES AND REPRESENTATIONS
THE SITE AND THE CONTENT ARE PROVIDED “AS IS,” AND WITHOUT WARRANTY OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, ACCURACY, AND FITNESS FOR A PARTICULAR PURPOSE (ALL OF SUCH IMPLIED WARRANTIES AND REPRESENTATIONS BEING HEREBY EXPRESSLY DISCLAIMED). YOU ASSUME THE ENTIRE RISK (i) AS TO YOUR ACCESS TO AND USE OF THE SITE, AND YOUR SELECTION AND USE OF ANY CONTENT; AND (ii) THAT THE SITE OR THE CONTENT WILL MEET YOUR REQUIREMENTS, BE ACCURATE OR RELIABLE, AND HAVE ANY LEVEL OF QUALITY. WE MAKE NO WARRANTY OR REPRESENTATION THAT YOUR ACCESS TO AND USE OF THE SITE OR THE CONTENT WILL BE UNINTERRUPTED, VIRUS FREE, ERROR-FREE OR COMPLETELY SECURE. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM HARDWARE OR SOFTWARE, OR FOR ANY LOSS OF DATA OR OTHER DAMAGES, RELATING TO YOUR USE OF THE SITE OR CONTENT.
Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. In such jurisdictions, the liability of RezBats shall be limited to the greatest extent permitted by applicable law.
USER CONDUCT; PROHIBITED ACTIVITIES
- You agree that you will not post, or otherwise disseminate through the Site any content:
- that is known by you or should be known by you to be false, inaccurate or misleading;
- that violates, infringes or misappropriates any third party’s copyright, patent, trademark, trade secret, right of privacy, right of publicity or other intellectual property or proprietary right;
- that violates any law, statute, regulation, rule or ordinance;
- that is, or may reasonably be considered to be, hateful, profane, abusive, or discriminatory;
- that contains any computer viruses, worms or other potentially damaging computer programs or files.
In addition to the foregoing, you agree not to:
- Download or upload any content that you know or reasonably should know cannot be legally obtained in such manner;
- Restrict or inhibit any other user from using and enjoying any area within the Site;
- Collect personal information about other users of the Site, or submit personal data about other users on the Site without their express permission;
- Attempt to access or use the Site or the Content after your access or use has been terminated;
- Use any automated means, including without limitation, agent, robots, scripts, or spiders to access or use the Site or to collect any Content contained therein;
- Modify or create variant versions of our name, trademark or logos;
- Copy, sell, distribute, or attempt to obtain the source code of the Site, the Content, any technology or software relating thereto, or any portion of any of the foregoing;
- Interfere with or disrupt the Site or the infrastructure, including but not limited to disguising the origin of any content transmitted, manipulating your presence on the Site, and affecting the way the Site displays Content other than to facilitate your personal viewing of the Site;
- Take any action that imposes an unreasonably or disproportionately large load on the Site or its infrastructure;
- Engage in any acts or omissions that could constitute a violation of applicable laws, statutes, regulations, rules or ordinances.
- You agree to notify us if you suspect any activity in violation of these Terms and cooperate with our investigation of such violation.
The Site may contain links to third-party websites (collectively, “Third-Party Links”). Such Third-Party Links are not under our control, and we are not responsible for any Third-Party Links. We provide access to these Third-Party Links only as a convenience to you, and do not review, approve, endorse, or make any representations with respect to Third-Party Links. Your interaction with all Third-Party Links is at your own risk. When you click on any of the Third-Party Links, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.
We may be required by state or federal law to notify you of certain events. You acknowledge and consent that such notices will be effective upon the notice being posted on the Site or the notice being sent to you through email, if you have previously provided your email address to us. If you do not provide us with accurate and up-to-date information, we cannot be held liable if you do not receive notice.
GOVERNING LAW AND JURISDICTION
These Terms shall be governed by and construed in accordance with the laws of the State of Iowa, without reference to its conflicts of laws principles. Any action dispute arising out of or in connection with these Terms, the Site, or the Content must be brought in the relevant Courts in Minnehaha County, South Dakota.
USERS OUTSIDE OF THE UNITED STATES
You will not use the Site in countries where it is restricted, prohibited or limited by local law, regulations, codes or customs. We make no warranty or representation that the Site or the Content is appropriate or available for use in locations outside the United States.
If you (a) are using the Site from a country embargoed by the United States, (b) are on the United States Treasury Department’s list of “Specially Designated Nationals,” or (c) are on the U.S. Commerce Department’s Table of Deny Orders, you agree that you will not conduct any commercial activities using or through the Site and will not otherwise use the Site or any related services in violation of United States export control laws or regulations.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE OR OUR RESPECTIVE OWNERS, EMPLOYEES, AGENTS, IDENTIFIED SITE SPONSORS, OR REPRESENTATIVES (COLLECTIVELY, THE “REZBATS PARTIES”) BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR OTHER LOSS OR DAMAGE) ARISING OUT OF OR RELATED TO THESE TERMS, THE ACCESS OR USE OR INABILITY TO ACCESS OR USE THE SITE OR ITS CONTENT, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES ARE FORESEEABLE, AND REGARDLESS OF THE NATURE OF THE CAUSE OF ACTION OR THEORY ASSERTED. ACCESS TO, AND USE OF, THE SITE AND CONTENT IS AT YOUR OWN RISK AND DISCRETION. IF, NOTWITHSTANDING THE FOREGOING, ANY OF THE REZBATS PARTIES ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS CONNECTED TO YOUR ACCESS TO OR USE OF THE SITE, THE CONTENT OR OTHERWISE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE REZBATS PARTIES SHALL IN NO EVENT EXCEED $1,000 USD. YOU AGREE TO USE YOUR BEST EFFORTS TO MITIGATE ANY DAMAGES OR LOSSES.
Parts of the above limitation may not apply to you because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability shall be limited to the greatest extent permitted by applicable law.
You agree to defend, indemnify and hold harmless RezBats, licensees, vendors, partners, identified Site sponsors, and each of their respective members, managers, employees, agents and representatives from and against any and all claims, actions, losses, damages, liabilities, judgments, settlements, costs and expenses (including, but not limited to, reasonable attorneys’ fees and court costs) arising out of or relating to (a) your breach of these Terms or any applicable laws or regulations, (b) your access to or use of the Site or the Content, (c) your violation, breach or misappropriation of a third party’s copyright, patent, trademark, trade secret, right of privacy, right of publicity, or other intellectual property, proprietary or other right, (d) your tortious acts including, without limitation, defamation, and/or (e) any claims you may raise against third parties relating to third party products or services. We reserve the right to assume, at our expense, the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. If we assume such defense, all other losses, damages, liabilities, judgments, settlements, costs and expenses shall be your sole responsibility.
These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. If any provision of these Terms is held to be invalid or unenforceable, the remaining enforceable provisions of these Terms will continue to have full force and effect as if the invalid provision had not been included in the first place.
If you have questions or comments, please email us at Breznicek94@gmail.com or write to us at: RezBats LLC, 905 S Fawn Ct., Sioux Falls, SD 57110