Please read these Terms and Conditions (âTermsâ) of this End User License Agreement carefully because they create a binding agreement between you or the company you represent and Rambeau, LLC and our affiliates and subsidiaries (âRambeau,â âwe,â or âusâ).
The following Terms apply only to the specific services, features, functionality, data processing resources, and training materials(âServicesâ) to which the Terms relate. In the event of a conflict between the Terms and the terms and conditions of the Master Subscription Agreement, Software License and Services Agreement, Master Services Agreement,Work Order, or other agreement with us governing our provision of and your use of our software and/or Services (the âAgreementâ), the terms and conditions of these Terms apply, but only to the extent of such conflict. Capitalized terms used herein but not defined herein shall have the meanings set forth in the Agreement.
As used in these Terms, the terms âWebsiteâ and âWebsitesâ refer to each of the websites and pages that link to these Terms, and to the web-enabled Services and functionality offered on or that link to those Websites. You agree to these Terms and to our Privacy Policy located at http://www.Rambeau.com/privacy-policy(as it may be amended from time to time) by selecting the âI Agreeâ button below or automatically by using or logging into 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 Websitesâ 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 without specific authorization to do so.
You must comply with the current technical documentation applicable to the Websites as posted or otherwise communicated by us and updated by us from time to time. In addition, if you create technology that works with a Website or its functionality, you must comply with the current technical documentation applicable to that Website. We accept no liability for any use of the software/Services or Website functionality in any combination other than those that have been specifically tested and approved for use, as documented in the technical documentation.
You must provide information or other materials related to any content that you transmit to the Websites as may be reasonably requested by us to verify your 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 the Services related to the Websites that we reasonably believe may be attributable to your use of the Websites or those Services or any data or other materials that you control.
To
access the features of the Websites, you may be required to create an account
and to specify a password; 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. 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.
We
reserve the right to change the available features or to modify our Websites at
any time, with or without notice to you. We may add or remove functionality, features,
or content, and we may suspend or discontinue support for a particular feature.
We also reserve the right to charge a fee for any of our features at any time,
subject to the terms and conditions of the Agreement, if applicable. If you do
not like a change or a modification, you are free to discontinue using the
features or our Websites at any time.
We will implement commercially reasonable and industry-accepted efforts to maintain our security systems in such a way as to minimize the threat of unauthorized access to the Websites and the services and functionality provided there. Notwithstanding our commercially reasonable efforts, however, you acknowledge that use of a hosted environment for the services you are accessing necessarily involves the transmission of data over networks that are not owned, operated, or controlled by us, and that we are not responsible for any data that are lost, altered, intercepted, or stored across such networks. We cannot guarantee that our security procedures will be error-free, that transmissions of data will always be secure, or that unauthorized third parties will never be able to defeat our security measures or those of our third-party service providers.
You
acknowledge and agree 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 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.
These Terms, the conditions under which you may access the Websites, and our responsibilities with respect to applicable data protection laws, may vary in different jurisdictions.
You agree that you will not knowingly introduce any viruses, worms, time bombs, time locks, drop dead devices, traps, access codes, trap door devices, or any other code that is designed to disrupt, disable, erase, alter, harm, or otherwise impair the Websites or the services and the functionality provided there.
You 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
These Terms will be in effect beginning on the date you select the âI Agreeâ button below or login and use the Websites (whichever first occurs) and will continue for as long as you continue to use the Websites.
You
are free to stop using the Websites at any time. We reserve the right to
suspend or terminate your access to the Websites with notice to you if: (i) you
are in breach of these Terms; (ii) you are in breach of the Agreement, if
applicable; or (iii) you are using the Websites or the Services in a manner
that would cause a risk of harm or loss to us or other users or subscribers.
We will provide you with reasonable advance notice via the email address associated with your account to remedy the breach or other activity that prompted us to contact you. If, after such notice, you fail to take requested remedial action, we will terminate or suspend your access to theServices, the Websites, or both.
We reserve the right to
terminate your access to the Websites immediately, i.e., without notice to you,
in the event that: (i) you are in material breach of these Terms; (ii) you are
in material breach of the Agreement, if applicable; or (iii) providing notice
would cause us legal liability or compromise our ability to provide theServices
and functionality offered on the Websites to our other users or subscribers.
We
may decide to discontinue the Websites in response to unforeseen circumstances
beyond our control or to comply with a legal requirement. If we do so, we will
engage in commercially reasonable efforts to provide reasonable notice to you
and to the party(ies) to the Agreement, if applicable,prior to the
discontinuation.
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.
WE DO
NOT EXCLUDE OR LIMIT OUR LIABILITY TO YOU WHERE IT WOULD BE ILLEGAL TO DO
SOâTHIS INCLUDES ANY LIABILITY FOR RAMBEAUâ FRAUD OR FRAUDULENT
MISREPRESENTATION IN PROVIDING THE WEBSITES.
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 attorneysâ 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.
If you have any questions or comments about this Privacy Policy, please send an email to: Rambeaullc@gmail.com