Terms of Use

Use of the Websites

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 or 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 the context of the Websites except as set forth below without specific authorization to do so.

If you are a company, school, or other organization, you may provide, or allow provision of, the Services and access to the Websites to employees, students, or other constituents through your account or in coordination with your internet access hardware or networking infrastructure. You represent and agree that you have obtained all consents or authorizations required by applicable law for those users to access the content on the Websites. Rambeau makes no representations and assumes no liability, financial or otherwise, related to providing the content to those users.

You must comply with the current technical documentation applicable to the Websites, as posted or otherwise communicated and updated by us from time to time. If you create technology that works with a Website or its functionality, you must also comply with the current technical documentation applicable to that Website. We accept no liability for using the software, Services, or Website functionality in combinations that have not been specifically tested and approved as documented in the technical documentation.

You must provide information or other materials related to content you transmit to the Websites as we may reasonably request to verify compliance with the Agreement, if applicable, and these Terms. You will reasonably cooperate with us to identify the source of any problem with the Websites or Services that we reasonably believe may be attributable to your use of the Websites or to data or materials you control.

Your Account

To access features of the Websites, you may be required to create an account and specify a password. If you access the Websites on behalf of an organization, company, or employer, that entity may create an account for you. A company, school, or other organization may also create an account to provide the Services or Website access to employees, students, or other constituents.

You must provide truthful and accurate information about yourself and update it when it changes, or notify us or your employer in writing so our records can be updated. If you use an account assigned by an administrator, additional terms may apply, and the administrator may be able to access or disable your account without our involvement.

You may not share your account with anyone else. You must keep your password and other login credentials confidential. If you believe your account has been compromised, notify your system administrator—or us if you have no system administrator—immediately.

Modifications to Services

We reserve the right to change available features or modify our Websites at any time, with or without notice. We may add or remove functionality, features, or content, and may suspend or discontinue support for a feature. We also reserve the right to charge a fee for features at any time, subject to the Agreement, if applicable. You may discontinue using the features or Websites at any time.

Security and Data Privacy

We will use commercially reasonable and industry-accepted efforts to maintain security systems that minimize the threat of unauthorized access to the Websites and Services. You acknowledge that a hosted environment necessarily involves transmitting data over networks not owned, operated, or controlled by us. We are not responsible for data lost, altered, intercepted, or stored across those networks, and cannot guarantee that security procedures will be error-free, that transmissions will always be secure, or that unauthorized third parties will never defeat our or our service providers’ security measures.

You agree that content uploaded, posted, or otherwise transmitted to the Websites will not violate applicable policies or any data privacy statutes, rules, or regulations in a jurisdiction from which the Websites are accessed. You are responsible for complying with applicable laws and regulations for all data transmitted to the Websites.

These Terms, the conditions under which you may access the Websites, and our responsibilities under applicable data protection laws may vary by jurisdiction.

You agree that you will not knowingly introduce viruses, worms, time bombs, time locks, drop-dead devices, traps, access codes, trap-door devices, or any other code designed to disrupt, disable, erase, alter, harm, or otherwise impair the Websites or the Services and functionality provided through them.

Intellectual Property Matters

You agree that you will not, will not permit others to, and will not attempt to copy software provided at the Websites; assign or transfer a software license; distribute software to a third party; reverse assemble, reverse compile, or otherwise translate software included at a Website; create a derivative work of the software within the meaning of United States copyright laws; or remove patent, copyright, trademark, ownership, confidentiality, or other notices or legends in software, materials, or documentation accessible through the Websites. These obligations are in addition to those stated in an applicable Agreement unless that Agreement expressly states otherwise.

Term

These Terms take effect when you select “I Agree” or log in and use the Websites, whichever occurs first, and continue for as long as you use the Websites.

Termination

You may stop using the Websites at any time. We may suspend or terminate your access with notice if you breach these Terms or an applicable Agreement, or if you use the Websites or Services in a way that creates a risk of harm or loss to us or to other users or subscribers.

We will provide reasonable advance notice through the email address associated with your account so you can remedy the breach or activity. If you do not take the requested action after notice, we may terminate or suspend access to the Services, the Websites, or both.

We may terminate access immediately and without notice if you materially breach these Terms or an applicable Agreement, or if providing notice would create legal liability or compromise our ability to provide Services and functionality to other users or subscribers.

Discontinuation of Services

We may discontinue the Websites in response to unforeseen circumstances beyond our control or to comply with a legal requirement. If we do, we will use commercially reasonable efforts to provide reasonable notice to you and to parties to an applicable Agreement before discontinuation.

Services Provided “AS IS”

TO THE FULLEST EXTENT PERMITTED BY LAW, RAMBEAU AND ITS AFFILIATES, LICENSORS, SUPPLIERS, AND DISTRIBUTORS MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE WEBSITES OR CONTENT ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THEM. THE WEBSITES AND THEIR FUNCTIONALITY ARE PROVIDED “AS IS.” WE DISCLAIM WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, UNINTERRUPTED OR ERROR-FREE OPERATION, FREEDOM FROM HARMFUL COMPONENTS, AND SECURITY AGAINST CONTENT LOSS OR ALTERATION.

Limitation of Liability

WE DO NOT EXCLUDE OR LIMIT LIABILITY WHERE DOING SO WOULD BE ILLEGAL, INCLUDING LIABILITY FOR RAMBEAU’S FRAUD OR FRAUDULENT MISREPRESENTATION IN PROVIDING THE WEBSITES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, RAMBEAU, ITS AFFILIATES, LICENSORS, SUPPLIERS, AND DISTRIBUTORS WILL NOT BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR FOR LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY.

THESE EXCLUSIONS AND LIMITATIONS APPLY WHETHER OR NOT RAMBEAU OR ITS AFFILIATES, LICENSORS, SUPPLIERS, OR DISTRIBUTORS WERE WARNED OF THE POSSIBILITY OF SUCH DAMAGES. THEY HAVE NO LIABILITY FOR LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, LOSS OF BUSINESS OPPORTUNITY, OR THE ONLINE OR OFFLINE CONDUCT OF A WEBSITE USER OR SUBSCRIBER.

RAMBEAU HAS NO LIABILITY FOR ACCESS TO OR USE OF THE SERVICES OR WEBSITES BY EMPLOYEES, STUDENTS, OR OTHER CONSTITUENTS WHO ACCESS THEM THROUGH YOUR ACCOUNT, NETWORK INFRASTRUCTURE, PROGRAM, OR CURRICULUM. YOU ARE RESPONSIBLE FOR OBTAINING ALL REQUIRED PERMISSIONS, CONSENTS, OR AUTHORIZATIONS BEFORE PROVIDING OR FACILITATING THAT ACCESS.

IF THE FOREGOING EXCLUSIONS AND LIMITATIONS DO NOT APPLY, OUR TOTAL LIABILITY WILL NOT EXCEED THE GREATER OF ONE HUNDRED UNITED STATES DOLLARS (USD $100) OR THE AMOUNT PAID UNDER THE AGREEMENT DURING THE SIX MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY. IF THIS PARAGRAPH CONFLICTS WITH AN APPLICABLE AGREEMENT, THE AGREEMENT CONTROLS.

Modifications to Terms

We may revise these Terms from time to time to reflect changes in applicable law, new regulatory requirements, or improvements or enhancements to the Websites or their functionality. If you believe an update affects your use of the Websites or your legal rights, please contact us, discontinue use of the Websites, or both.

Governing Law and Dispute Resolution

All matters relating to access to or use of the Websites and Services, including disputes, are governed by United States law and the laws of the State of Florida, without regard to conflict-of-laws rules. You consent to personal jurisdiction and venue in state and federal courts in Fort Lauderdale, Florida, and waive objections to that jurisdiction or venue.

Any claim under these Terms must be brought within one year after the cause of action arises or it is barred. Except as specified in an applicable Agreement, you may not seek or recover damages other than out-of-pocket expenses; however, the prevailing party in a dispute may recover costs and reasonable attorneys’ fees from the non-prevailing party.

The parties will attempt promptly and in good faith to resolve any dispute arising from use of the Websites. If a dispute is not resolved within a reasonable time, not exceeding 60 days, either party may submit it to mediation. If mediation does not resolve the dispute, either party may pursue rights or remedies available under applicable law and consistent with the Agreement.

Questions

If you have questions or comments about these Terms, email Rambeaullc@gmail.com.