You may access and use the Websites and their functionality in accordance with these Terms and provided that you are in good standing under the Agreement, if applicable.
You may only use the Websites to store, retrieve, query, serve, and execute content that is owned, licensed, or lawfully obtained by you or provided by us. As part of the Websites’ functionality, you may be allowed to use certain software (including related documentation and attendant audio/visual content) provided by us or third party licensors. This software is neither sold nor distributed to you and you may use it solely as part of the Services. You may not transfer it outside the Services or use it outside of the context of the Websites (except as set forth below)without specific authorization to do so.
you are a company, school, or other organization, you may provide (or allow
provision of) the Services and/or access to the Websites, or otherwise make or
facilitate making the Services available, to employees, students, or other
constituents via your account or in coordination with your Internet access
hardware or networking infrastructure.
In this event, however, you represent, warrant, acknowledge, and agree
that you have obtained all necessary consents or authorizations required or
necessitated by applicable law for such employees, students, or other
constituents to access the content on the Websites. Rambeau makes no representations with respect
to, and assumes no liability, financial or otherwise, for or related to
provision of the content to such employees, students, or other constituents.
if. If you are accessing features of the
Websites on behalf of an organization, company, or employer, then the
organization, company, or employer may create an account for you. If you are a
company, school, or other organization, you may create an account to provide
(or to allow provision of) the Services and/or access to the Websites to
employees, students, or other constituents via your account or in coordination
with your Internet access hardware or networking infrastructure.To
create or to access an account, you must provide truthful and accurate
information about yourself. If your information changes at any time, please
update your account to reflect those changes, or notify us or your employer in
writing so that we may update our records to reflect any necessary changes. If
you are using or logging into an account assigned to you by an administrator,
additional terms may apply to your use of the Websites. Moreover, your administrator
may be able to access or disable your account without our involvement.
You may not share your account with anyone else, and you are required to keep your password and any other login credentials confidential. If you believe that your account has been compromised at any time, please notify your system administrator (or us, if you have no system administrator) immediately.
You acknowledge and agree (on behalf of your self and those employees, students, or other constituents accessing the Service via your account or in coordination with your Internet access hardware or networking infrastructure)that content you upload, post, or otherwise transmit to the Websites during use will not violate any of the Policies posted here https://www.Rambeau.com/terms-use, or any applicable data privacy statutes, rules, or regulations in effect in any jurisdiction from which the Websites are accessed. You are solely responsible for complying with all applicable laws and regulations with respect to all data transmitted to the Websites.
acknowledge and agree that you will not (and will not permit others to), and
will not attempt to: copy any software provided at the Websites; assign or
transfer the license for any software; distribute the software to any third
party; reverse assemble, reverse compile, or otherwise translate software
included at any Website; create any derivative work of the software (within the
meaning of United States copyright laws); or remove any patent, copyright,
trademark, ownership, confidentiality, or other notices or legends in the
software or any other materials or documentation accessible via the Websites.
The obligations of this paragraph are in addition to the obligations stated in
the Agreement, if applicable, unless otherwise expressly stated in the Agreement.
TO THE FULLEST EXTENT PERMITTED BY LAW, RAMBEAU AND ITS AFFILIATES, LICENSORS, SUPPLIERS, AND DISTRIBUTORS MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE WEBSITES OR THE CONTENT ACCESSIBLE DIRECTLY OR INDIRECTLY VIA THE WEBSITES. THE WEBSITES AND THEIR FUNCTIONALITY ARE PROVIDED "AS IS." WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED OR EXPRESS WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE, THAT THE WEBSITES OR THIRD-PARTY CONTENT WILL BE UNINTERRUPTED, ERROR FREE, OR FREE OF HARMFUL COMPONENTS, AND THAT ANY CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR ALTERED.
THESE EXCLUSIONS AND LIMITATIONS WILL APPLY REGARDLESS OF WHETHER RAMBEAU OR ANY OF ITS AFFILIATES OR LICENSORS, SUPPLIERS, OR DISTRIBUTORS HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES.RAMBEAU, ITS AFFILIATES, LICENSORS, SUPPLIERS, AND DISTRIBUTORS SHALL HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY. RAMBEAU AND ITS AFFILIATES AND LICENSORS SHALL NOT BE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OR SUBSCRIBER OF THE WEBSITES.
SHALL HAVE NO LIABILITY WITH RESPECT TO ACCESS TO OR USE OF THE SERVICES OR THE
WEBSITES BY EMPLOYEES, STUDENTS, OR OTHER CONSTITUENTS THAT ACCESS THE SERVICES
OR THE WEBSITE VIA YOUR ACCOUNT, VIA YOUR NETWORK INFRASTRUCTUER, OR IN
ACCORDANCE WITH ANY PROGRAM OR CURRICULUM ADMINSTERED, SPONSORED, OR ORGANIZED
BY YOU. YOU SHALL BE SOLELY RESPONSIBLE FOR OBTAINING SUFFICIENT PERMISSIONS,
CONSENTS, OR OTHER AUTHORIZATIONS FROM SUCH ENTITIES PRIOR TO PROVIDING OR
FACILITATING PROVISION OF ACCESS TO THE SERVICES OR THE WEBSITES.
IN THE EVENT THAT THE FOREGOING EXCLUSIONS
AND LIMITATIONS DO NOT APPLY, IN NO EVENT SHALL OUR LIABILITY TO YOU EXCEED THE
GREATER OF ONE HUNDRED UNITED STATES DOLLARS ($100.00 USD) OR THE AMOUNT THAT WAS
PAID UNDER THE AGREEMENT IN THE SIX (6) MONTH PERIOD PRECEDING THE EVENT THAT
GIVES RISE TO OUR LIABILITY. In the
event of conflict between the terms of this paragraph and the Agreement, if
applicable, the terms of the Agreement will control.
We may revise these Terms from time to time to reflect changes in applicable law, new regulatory requirements, or improvements or enhancements related to the Websites or their functionality. If you believe that an update, modification, or revision to these Terms affects your use of the Websites or your legal rights as a user of the Services or features provided there, please contact us, discontinue use of the Websites,or both.
You agree that all matters relating to your access to or use of the Websites and the Services, including all disputes, will be governed by the laws of the United States and by the laws of the State of Florida without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Fort Lauderdale, FL, and waive any objection to such jurisdiction or venue. Any claim under these Terms must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Except as may be specified in the Agreement, you may not seek or recover damages other than out-of-pocket expenses, provided however, that the prevailing party in any dispute will be entitled to recover costs and reasonable attorneys’ fees from the non-prevailing party. In the event of any controversy or dispute arising out of or in connection with your use of the Websites, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed sixty (60) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law and consistent with the terms of the Agreement.