This Terms of Use (“Terms of Use”) apply to your access to, and use of, all or part of any mobile application of RSA America LLC, its subsidiaries and affiliated companies, and its retail clients (“RSA America”, “we”, “us” or “our”), including any other site, service, feature, content and/or online service where this Terms of Use are posted now or in the future (collectively, the “Services”). This Terms of Use does not alter in any way the terms and/or conditions of any other agreement you may have with RSA America for products, services, or otherwise. This Terms of Use contains disclaimers and other provisions that limit our liability to you and sets forth the legally binding terms and conditions for your use of the Services.
Acceptance of Terms of USE
PLEASE READ THIS TERMS OF USE CAREFULLY. BY ACCESSING AND/OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THIS TERMS OF USE AND ALL OTHER OPERATING RULES, POLICIES AND/OR PROCEDURES DESCRIBED HEREIN THAT MAY BE PUBLISHED FROM TIME TO TIME TO THE SERVICES BY US, EACH OF WHICH IS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THIS TERMS OF USE, DO NOT USE THE SERVICES.
ARBITRATION NOTICE
ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION CLAUSE SET FORTH HEREIN, YOU AGREE THAT DISPUTES BETWEEN YOU AND RSA AMERICA WILL BE RESOLVED BY MANDATORY ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT AND/OR CLASS-WIDE ARBITRATION.
CHANGES
Terms of Use. RSA America reserves the right to change and/or modify this Terms of Use and/or any policy and/or guideline of the Services, at any time and at its sole discretion. If we make material changes to this Terms of Use, we will inform you by posting a notice on the Services and changing the ‘Last Updated’ date above. We may also provide you with additional forms of notice of modifications and/or updates as appropriate under circumstances. Any changes and/or modifications will be effective immediately upon posting the revisions to the Services, and you waive any right you may have to receive specific notice of such changes and/or modifications. Your continued use of the Services will confirm your acceptance of such changes and/or modifications; therefore, you should frequently review this Terms of Use and applicable policies to understand the terms and conditions that apply to your use of our Services. If you do not agree to the amended terms, you must stop using the Services.
Modification to Services. RSA America reserves the right to modify and/or discontinue, temporarily and/or permanently, the Services and/or any features or portions thereof without prior notice. You agree that RSA America will not be liable for any modification, suspension, and/or discontinuance of the Services or any part thereof.
Press Releases. The information contained within press releases issued by RSA America should not be deemed accurate and/or current except as of the date the release was posted. RSA America specifically disclaims any duty to update, the information in any press releases.
Eligibility, USE OF SERVICES, Account, and Restrictions
Eligibility. The Services are not targeted towards, nor intended for use by, anyone under the age of thirteen (13). YOU MUST BE AT LEAST AGE 13 TO ACCESS AND USE THE SERVICES. If you are between the ages of thirteen (13) and eighteen (18), you may only use the Services under the supervision of a parent or legal guardian who agrees to be bound by this Terms of Use. If you are under the age of thirteen (13), you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person and/or entity and change its eligibility criteria at any time. If we learn we have collected personal information from a child under the age of thirteen (13), we will delete the information, so please contact us at info@rsaamerica.com if you think a child has provided us with personal information.
Use of Services and Availability. RSA America retains the right, in our sole and absolute discretion, to deny service and/or access to and/or use of the Services to anyone at any time and for any reason. While we use reasonable efforts to keep the Services accessible, the Services may be unavailable from time to time. You understand and agree that there may be interruptions to the Services and/or access to your Account due to circumstances both within our control (e.g., routine maintenance) and outside of RSA America’s control.
Creating an Account. To sign up for the Services, you must create an account (an “Account”) by registering to access and/or use the Services. Your Account requires you to (i) indicate agreement to this Terms of Use, (ii) provide contact information, and (iii) submit any other form of authentication required during the enrollment process, as determined by RSA America in its sole and absolute discretion. You agree to (a) create only one Account; (b) provide accurate, current, and complete information when creating your Account; (c) maintain and/or promptly update your Account information; (d) maintain the security of your account by not sharing your password with others and/or restricting access to your Account and your mobile device and/or computer; (e) promptly notify RSA America if you discover and/or otherwise suspect any security breaches relating to the Services; and (f) take responsibility for all activities that occur under your Account and accept all risks of unauthorized access. You shall not select and/or use as a username the name of another person with the intent to impersonate that person and/or us, and/or use a name that is otherwise offensive, vulgar, and/or obscene. Your Account is non-transferable and may not be sold, combined, and/or otherwise shared with any other person. If you commit fraud and/or falsify information in connection with your use of the Services, your Account will be terminated immediately and we reserve the right to hold you liable for any and all damages that we suffer, and we may pursue legal action through relevant local and national law enforcement authorities and may notify your ‘Internet Service Provider’ of any fraudulent activity we associate with you and/or your access to and/or use of the Services.
Restrictions on Use. Except as expressly specified in this Terms of Use, you agree not to post, upload, transmit, distribute, store, create and/or otherwise publish through the Services any of the following:
- Unless specifically requested by RSA America, any “sensitive” personally identifiable information about yourself and/or another person (including, but not limited to, information that relates to health or medical conditions, social security numbers, credit cards, bank accounts, or other financial information, other information concerning trade union membership, sex life, political opinions, criminal charges or convictions, religious beliefs, racial or ethnic origin, or other sensitive matters);
- User Content (as defined below) that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, otherwise objectionable, or which threatens our relationships with our employees, partners, clients, customers, or suppliers;
- User Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary rights of any party;
- User Content that impersonates any person or entity or otherwise misrepresents your identity or affiliation with another person or entity;
- Spam, direct marketing communications or any unsolicited advertising, promotional materials, or other forms of solicitation or commercial content;
- User Content that constitutes encourages or provides instructions for a criminal offense, violates the rights of any party or creates liability, or violates any applicable local, state, national or international law;
- Viruses, spyware, Trojan horses, Easter eggs, or any other harmful, disruptive, or destructive files; and/or
- User Content that violates this Terms of Use or, in the sole judgment of RSA America, is objectionable, restricts, or inhibits any other person from using or enjoying the Services or which damages the image or rights of RSA America, other users, or third parties.
Prohibited Use. Gathering email addresses from RSA America through harvesting and/or automated means is prohibited. Posting or transmitting unauthorized and/or unsolicited advertising, promotional materials, and/or any other forms of solicitation to other users is prohibited. You further agree not to (i) use technology or other means to access RSA America or the Services and/or Materials (as defined below) that is not authorized by RSA America; (ii) use or launch any automated system, including without limitation, robots, spiders, offline readers, crawlers, avatars, data mining tools or the like, to access the Services or Materials; (iii) attempt to gain unauthorized access to RSA America computer network or user accounts; (iv) attempt to damage, disable, overburden, or impair RSA America servers or networks; (v) modify, and/or make derivative works of, disassemble, reverse compile and/or reverse engineer any part of the Services; (vi) license, transfer, sell, rent, lease, distribute, assign, host, sublicense and/or otherwise commercially exploit the Services, in whole or in part; (vii) frame and/or utilize framing techniques to enclose any trademark, logo, and/or other portion of the Services (including images, text, page layout, and/or form); (viii) copy, reproduce, distribute, republish, download, display, post and/or transmit any part of the Services in any form and/or by any means; (ix) remove and/or destroy any copyright notices and/or other proprietary markings contained on and/or in the Services; and/or (x) use the Services for any unlawful purpose and/or to violate any federal, state, international law, code of conduct and/or other guidelines which may be applicable to the Services provided. You will comply with any technical restrictions in the Services that allow you to use the Services only in certain ways. Any unauthorized use of the Services terminates the licenses granted by RSA America pursuant to this Terms of Use. RSA America makes no representation that the Services are appropriate for use in locations other than the United States.
Privacy
Please read the Privacy Policy carefully to understand how RSA America collects, uses, and discloses personally identifiable information from its users. By accessing or using the Services, you consent to all actions that we take with respect to your data and information consistent with our Privacy Policy.
OWNERSHIP AND PROPRIETARY RIGHTS AND LICENSES
Copyright and Limited License. Unless otherwise indicated, the Services and all content and/or other materials therein, including, without limitation, the trademarks, service marks, logo, and all designs, text, graphics, pictures, information, data, software, sound files, illustrations, comments, interactive features, icons, trade dress, and/or other files or content generated, provided, or otherwise made accessible on or through the Services and the selection and arrangement thereof (collectively, “Materials”) are the proprietary property of RSA America and/or its licensors or users and are protected by the U.S. and international copyright laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Materials accessed through the Services. We do not guarantee that any Materials you access on and/or through the Services are and/or will continue to be accurate. RSA America owns, controls, lawfully uses, and/or licenses the Materials on the Services. You are granted a limited, non-exclusive right to access and use the Services and/or Materials for personal, informational, and shopping purposes or otherwise pursuant to this Terms of Use and to any additional terms and policies set forth by RSA America. Such right is subject to the Terms of Use and does not include: (a) any resale or commercial use of the Services and/or Materials; (b) the collection and use of any product listings, pictures, and/or descriptions; (c) the distribution, public performance or public display of any Materials; (d) modifying or otherwise making any derivative uses of the Services and/or the Materials, or any portion thereof; (e) downloading (other than the page caching) of any portion of the Services, the Materials and/or any information contained therein, except as expressly permitted on the Services; or (f) any use of the Services or the Materials other than for their intended purpose. Any use of the Services and/or Materials other than as specifically authorized herein, without the prior written permission of RSA America, is strictly prohibited and will terminate the rights granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Subject to the limited rights expressly granted hereunder, RSA America and/or its third-party providers, licensors, and suppliers reserve all rights, title, and interest in and to the Services and Materials, including without limitation all related worldwide intellectual property rights. Unless explicitly stated herein, nothing in this Terms of Use shall be construed as conferring in any manner, whether by implication, estoppel, or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith.
Trademark Information
RSA America and the RSA America logo are registered trademarks of RSA America. All other RSA America trademarks, service marks, domain names, logos, company names, and indicia of origin referred to on the Services are either trademarks, service marks, domain names, logos, company names, or indicia of origin or are otherwise the property of RSA America and/or its affiliates or licensors. In countries where any of the RSA America trademarks, service marks, domain names, logos, company names, or indicia of origin are not registered, RSA America claims other rights associated with unregistered trademarks, service marks, domain names, logos, trade name, company names and indicia of origin. Other product or company names referred to on the Services may be trademarks of their respective owners. You may not use any trademark, service mark, domain name, logo, company name, trade name, or indicia of origin of RSA America or any third party without permission from the owner of the applicable trademark, service mark, domain name, logo, company name, trade name or indicia of origin. You may contact RSA America by sending an e-mail to Customer Support, or writing to RSA America at 1821 Walden Office Square, Suite 225, Schaumburg, IL 60173 USA, to request written permission to use trademarks, indicia of origin, and materials on the Services for purposes other than stated in this Terms of Use or for all other questions relating to the Services. All rights not expressly granted are reserved.
User Content. All content added, created, uploaded, submitted, distributed, and/or posted to the Services by users, including but not limited to posts, reviews, opinions, advice, ratings, discussions, comments, messages, and other communications, as well as images, photographs, video, sound and other content (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. Each user owns its own User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules, and regulations. RSA America is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. RSA America has no responsibility and/or liability for the deletion and/or accuracy of any User Content; the failure to store, transmit and/or receive transmission of User Content; and/or the security, privacy, storage, and/or transmission of other communications originating with and/or involving the use of the Services. You hereby grant RSA America a worldwide, perpetual, non-exclusive, royalty-free, perpetual, irrevocable, assignable, sub-licensable, transferable license to use, edit, sell, reproduce, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content provided in connection with the Services for any purpose including but not limited to your name and likeness provided in connection with such use of your User Content. By posting User Content, you hereby release RSA America and its agents and employees from any claims that such use, as authorized above, violates any of your rights and you understand that you will not be entitled to any compensation for any use of your User Content. You further hereby irrevocably grant the other users of the Services, the right to access and/or use User Content in connection with their use of the Services in accordance with this Terms of Use. You alone are responsible for User Content, and once published, it cannot always be withdrawn. You represent that you own, and/or have the necessary permissions to use and authorize the use of User Content as described in this Terms of Use. Notwithstanding anything herein to the contrary, RSA America should not be seen as endorsing any User Content in any way. You acknowledge and agree that you have no expectation of privacy with regard to any User Content. If you become aware of misuse of the Services by any person, please contact us.
Enforcement. RSA America does not control, take responsibility for, or assume liability for any User Content posted, stored, or uploaded by you or any third party, or for any loss or damage thereto, nor is RSA America liable for any user conduct or any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography and/or profanity you may encounter. The interactive areas are generally designed as open and public community areas for connecting and sharing with other people. When you participate in these areas, you understand that certain information and content you choose to post may be displayed publicly. You are solely responsible for your use of the Services and agree to use the interactive areas at your own risk. If you become aware of User Content that you believe violates this Terms of Use (with the exception of copyright infringement which is addressed in the Digital Millennium Copyright Act Notice section), you may report it at abuse@rsaamerica.com. Enforcement of this Terms of Use, however, is solely at our discretion, and the absence of enforcement in some instances does not constitute a waiver of our right to enforce this Terms of Use in other instances. In addition, this Terms of Use does not create any private right of action on the part of any third party or any reasonable expectation or promise that the Services will not contain any content that is prohibited by this Terms of Use. Although RSA America has no obligation to screen, edit and/or monitor any of the User Content posted on the Services, RSA America reserves the right and has absolute discretion, to remove, screen, and/or edit any User Content on the Services at any time and for any reason without notice and without liability. You are solely responsible for creating backup copies and replacing any User Content you post or store on the Services at your sole cost and expense.
Submission of Ideas. Separate and apart from the User Content you provide, you can submit questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original and/or creative materials, and/or other information about RSA America, our Services, and our products (collectively, “Ideas”). Ideas, whether posted to the Services and/or provided to RSA America by email or otherwise are entirely voluntary, non-confidential, gratuitous, and non-committal. RSA America shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Ideas for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Please do not send us Ideas if you expect to be paid and/or want to continue to own and/or claim rights in them.
VERIFICATION
You understand that RSA America acts only as a platform and technical interface between users and retailers. RSA America does not itself verify the qualifications of users, nor does it evaluate and/or control in any ongoing manner exchanges between users. Any opinions and/or statements expressed by a user are those of the user alone and are not to be attributed to RSA America. RSA America cannot and does not assume responsibility for the accuracy, completeness, safety, reliability, timeliness, innocuousness, legality, and/or applicability of anything said, written, posted, displayed, and/or otherwise made available by any user and/or retailer.
RETAILERS; PRODUCTS
General. Setting up an Account and joining RSA America is free. RSA America does not investigate and/or vet retailers and is therefore not responsible for any performance and/or quality claims associated with the retailer’s offers and/or products.
Descriptions. Descriptions, images, references, features, content, specifications, products, prices, and availability of any products made available and/or advertised through the Services are subject to change without notice on the Services. RSA America will use commercially reasonable efforts to display offers on the Services as accurately as possible. Merchandise availability is not guaranteed. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the possession, use, and sale of any offer, coupon, rebate and the like used through the Services.
Retailers. Your correspondence and/or business dealings with, and/or participation in promotions of, retailers found on and/or through the Services, including without limitation payment and delivery of related goods and/or services, and any other terms, conditions, warranties, and/or representations associated with such dealings, are solely between you and such retailer. You acknowledge and agree that RSA America will not be responsible and/or liable for any loss and/or damage of any sort incurred as the result of any such dealings with such retailer or as a result of the presence of such retailer on the Services.
Errors, Inaccuracies, and Omissions. Occasionally there may be information on the Services that contain typographical errors, inaccuracies, and/or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right, with or without prior notice, to honor and/or impose conditions on the honoring of, any coupon, coupon code, promotional code, and/or other similar promotions; to bar any user from making any or all purchases, and to refuse to provide any user with any product. We further reserve the right without liability to (i) revoke any stated offer; (ii) correct any errors, inaccuracies, and/or omissions; and/or (iii) make changes to prices, content, promotion offers, product descriptions, specifications, and/or other information without obligation to issue any notice of such changes. We also reserve the right, without liability, to revise, suspend, and/or terminate an event, and/or promotion at any time without notice.
Termination
Subject to this Section, this Terms of Use will remain in full force and effect while you access and/or use the Services. Notwithstanding any of the terms and conditions set forth in this Terms of Use, RSA America reserves the right, without notice, without liability, and in its sole discretion, to terminate your right to use the Services, effective immediately, and to block and/or prevent your future access to and use of the Services. RSA America’s failure or delay in taking such actions does not constitute a waiver of its rights to enforce this Terms of Use. You agree that RSA America will not be liable to you and/or to any third party for the foregoing. If you wish to terminate your Account, you may do so by following the instructions through the Services or otherwise contact us at info@rsaamerica.com. RSA America will not have any liability whatsoever to you for any termination of your rights under this Terms of Use, including for termination of your Account and/or deletion of your User Content. All provisions of this Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity provisions, and limitations of liability.
Third-Party Content Products and Services (including Advertising and Promotions)
RSA America may provide third-party content on the Services (including embedded content) and links to web pages and content of third parties, including advertisements and promotions (collectively, “Third Party Content”) as a service to those interested in this information. We do not control, endorse and/or adopt any Third Party Content, including that the inclusion of any link does not imply affiliation, endorsement, and/or adoption by RSA America of any site and/or any information contained therein, and can make no guarantee as to its accuracy or completeness. When you visit other sites via Third Party Content or participate in promotions or business dealings with third parties, you should understand that our terms and policies no longer govern and that the terms and policies of those third-party sites will now apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from our Services. RSA America makes no claim or representation regarding and accepts no responsibility for, the quality, content, nature, and/or reliability of websites linking to the Services. Such sites are not under the control of RSA America and RSA America is not responsible for the content of any linked site and/or any link contained in a linked site, or any review, changes, and/or updates to such sites. We disclaim all warranties, express and implied, as to the accuracy, validity, legality, and/or otherwise of any materials and/or information contained on such Third Party Content.
Warranty Disclaimer
THE SERVICES, AND ANY MATERIALS, ARE PROVIDED BY RSA AMERICA TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS, EXCEPT AS EXPRESSLY SET FORTH IN THIS TERMS OF USE. RSA AMERICA DOES NOT MAKE ANY OTHER WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY, AND/OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND FROM COURSE OF DEALING, USAGE AND/OR TRADE PRACTICE, ALL OF WHICH RSA AMERICA EXPRESSLY DISCLAIMS. WITHOUT LIMITING THE FOREGOING, RSA AMERICA AND/OR ITS LICENSORS, PARTNERS AND CONTENT PROVIDERS MAKE NO WARRANTY THAT (A) THE SERVICES AND/OR MATERIALS WILL MEET YOUR REQUIREMENTS AND/OR WILL BE CONSTANTLY AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, AND/OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE AND/OR RELIABLE; (C) ANY CONTENT AND/OR SOFTWARE AVAILABLE AT AND/OR THROUGH THE SERVICES IS FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS AND/OR (D) RSA AMERICA WILL NOT BE LIABLE AND/OR OTHERWISE RESPONSIBLE FOR ANY FAILURE AND/OR DELAY IN UPDATING THE SERVICES AND/OR ANY CONTENT. NO ADVICE AND/OR INFORMATION, WHETHER ORAL AND/OR WRITTEN, OBTAINED BY YOU FROM RSA AMERICA AND/OR THROUGH YOUR ACCESS TO AND/OR USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TERMS OF USE.
IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO SIXTY (60) DAYS FROM THE DATE OF FIRST USE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY RSA AMERICA AND/OR ITS AUTHORIZED REPRESENTATIVES WILL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Indemnification
You agree to defend, indemnify and hold harmless RSA America, its independent contractors, service providers and consultants, and their respective directors, officers, employees, agents, parents, subsidiaries, and other affiliates, from and against any claims, suits, damages, costs, liabilities, penalties, and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of and/or related to (a) your use of the Services; (b) any User Content or Ideas you provide; (c) your violation of this Terms of Use; (d) your violation of any rights of any third party; and/or (e) your conduct in connection with the Services. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses. You agree not to settle any matter without the prior written consent of RSA America. RSA America will use commercially reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
Limitation on Liability
To the maximum extent permitted by applicable law, RSA America and its officers, directors, employees, shareholders AND/or agents shall not be liable for any special, indirect, punitive AND/or consequential damages, AND/or any other damages of any kind, including but not limited to loss of income, profits, goodwill, data, contracts, use of money, AND/or loss or damage arising from or connected in any way to business interruption, whether in tort (including without limitation negligence), contract AND/or otherwise, arising out of AND/or in connection with the use of or inability to use the serviceS, the content and/or the materials contained in and/or accessed through the Services, including without limitation any damages caused by AND/or resulting from reliance by a user on any information obtained from RSA America, AND/or that result from mistakes, omissions, interruptions, deletion of files AND/or email, errors, defects, viruses, delays in operation AND/or transmission AND/or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction AND/or unauthorized access to RSA America’s INFORMATION, programs AND/or services. THE FOREGOING SHALL APPLY DESPITE ANY NEGLIGENCE, MISCONDUCT, ERRORS, AND/OR OMISSIONS BY RSA AMERICA ITS EMPLOYEES, REPRESENTATIVES, AND/OR AGENTS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION AND/OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL AND/OR INCIDENTAL DAMAGES, IN SUCH STATES, RSA AMERICA’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
RSA AMERICA’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR DIRECT DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICES IS LIMITED TO THE LESSER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO RSA AMERICA IN CONNECTION WITH THE SERVICES IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM GIVING RISE TO THE LIABILITY, OR (ii) ONE HUNDRED DOLLARS (US$100.00). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN RSA AMERICA AND YOU.
Digital Millennium Copyright Act (“DMCA”) Notice
If you believe any Material and/or information available via the Services infringes a copyright you own or control, you may file a notification of such infringement with our ‘Designated Agent’ as set forth below.
Customer Service
RSA America LLC
1604 W Colonial Parkway
FL2, Inverness, IL 60067
Phone: 312-471-6700
Fax: 312-471-6701
info@rsaamerica.com
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing and/or disabling access to the material and/or activity claimed to be infringing. If a notice of copyright infringement has been filed against material posted by you on the Services, you may make a counter-notification with our Designated Agent listed above, provided that such counter-notification complies with the requirements of 17 U.S.C. §512(g)(3). If RSA America receives a valid counter-notification, it may reinstate the removed or disabled material and/or information in accordance with the DMCA. In accordance with the DMCA and other applicable laws, RSA America has also adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users who are deemed to be repeat infringers. RSA America may also, in its sole discretion, limit access to the Services and/or terminate the Accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
DISPUTE RESOLUTION
Disputes. We want to address your concerns without needing a formal legal case. Before filing a claim against RSA America, you agree to try to resolve the dispute informally by contacting us at info@rsaamerica.com. We will try to resolve the dispute by contacting you via email, but if we cannot resolve the dispute within thirty (30) days after receipt of your submission, you and RSA America agree to resolve any claims related to this Terms of Use through final and binding arbitration, except as forth under ‘Exceptions to Agreement to Arbitrate’ section below and/or you opt-out as described below.
Opt-Out. You can opt-out and decline this agreement to arbitrate by contacting RSA America within thirty (30) days of the date that you first became subject to this arbitration provision (i.e.: the date you initially accepted this Terms of Use). You must write us at RSA America, Attn: Opt-Out Arbitration, 1821 Walden Office Square, Suite 225, Schaumburg, IL 60173. If you opt-out, neither you nor RSA America can require the other to participate in an arbitration proceeding.
Arbitration Procedures. Except in the event, the claim meets the requirements set forth in the ‘Exceptions to Agreement to Arbitrate’ section below and/or if you opt out of arbitration as described above, all claims shall be settled by binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin, of the American Arbitration Association. Any such controversy and/or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. All information relating to and/or disclosed by any party in connection with the arbitration of any disputes shall be treated by the parties, their representatives, and the arbitrator as proprietary business information and shall not be disclosed without the prior written authorization of the disclosing party. The arbitration shall be held in Cook County, Illinois USA, or any other location we agree to. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.
Exceptions to Agreement to Arbitrate. Either you and/or RSA America may assert claims, if they qualify, in small claims court in Cook County, Illinois. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use and/or abuse of the Services, breach of RSA America’s confidential information, and/or intellectual property infringement (for example, trademark, trade secret, copyright, and/or patent rights) without first engaging in arbitration and/or the informal dispute-resolution process described herein.
Judicial forum for disputes. In the event that the agreement to arbitrate is found not to apply to you and/or your claim, you and RSA America agree that any judicial proceeding (other than small claims actions) will be brought to the federal or state courts of Cook County, Illinois. Both you and RSA America consent to the foregoing exclusive venue and jurisdiction.
Jurisdiction and Compliance with Laws
Access to and use of the Services and this Terms of Use are governed by the laws of the State of Delaware, without regard to conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. Any legal action or proceeding relating to your access to or use of the Services or this Terms of Use shall be instituted only in a state or federal court located in Cook County, Illinois. You and RSA America agree to submit to the jurisdiction of and agree that the venue is proper in, these courts in any such legal action or proceeding.
Electronic Communication.
By using the Services, you agree to receive certain communications in connection with the Services. The communications between you and RSA America use electronic means, whether you use the Services or send us emails, or whether RSA America posts notices on the Services or communicates with you via email. For contractual purposes, you (i) consent to receive communications from RSA America in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that RSA America provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing. The foregoing does not affect your non-waivable rights. Electronic notices should be sent to info@rsaamerica.com
SEPARATE AGREEMENTS
The Services may be subject to additional terms and conditions specified by us from time to time and your use of such Services is subject to the additional terms and conditions, which are incorporated into this Terms of Use by this reference. In the event of a conflict between the additional terms and/or other agreement and any provision in this Terms of Use, the additional terms will prevail, but only with respect to the portion of the Services to which the additional terms apply.
Miscellaneous.
If any provision and/or term of this Terms of Use shall become and/or be declared illegal, invalid, and/or unenforceable for any reason whatsoever, such term and/or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from it. If an applicable law is in conflict with any part of this Terms of Use, this Terms of Use will be deemed modified to conform to the law and the other provisions will not be affected by any such modification. No waiver by either you and/or RSA America of any breach and/or default and/or failure to exercise any right allowed under this Terms of Use is a waiver of any preceding and/or subsequent breach and/or default and/or a waiver and/or forfeiture of any similar and/or future rights under this Terms of Use. This Terms of Use are personal to you and are not assignable, transferable, or sublicensable by you except with our prior written consent. We may assign, transfer and/or delegate any of our rights and obligations hereunder without consent. This Terms of Use are binding upon and will inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. The Services may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export, and/or transfer, directly or indirectly, any U.S. technical data acquired from RSA America, or any products utilizing such data, in violation of the United States export laws or regulations. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation. The section and paragraph headings in this Terms of Use are for convenience only and shall not affect their interpretation. The word “including” means “including without limitation.”
CONTACT US
Please feel free to contact us with any comments, questions, or suggestions you might have regarding the information described in the Services and/or this Terms of Use. You may contact RSA America’s customer service at:
1604 W Colonial Parkway
Inverness, IL 60067
Phone: 312-471-6700
Fax: 312-471-6701
info@rsaamerica.com
