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.
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
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.
- 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
OWNERSHIP AND PROPRIETARY RIGHTS AND LICENSES
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.
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.
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.
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.
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.
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.
RSA America LLC
1604 W Colonial Parkway
FL2, Inverness, IL 60067
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.
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
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 email@example.com
1604 W Colonial Parkway
Inverness, IL 60067