The following terms of use (the “Terms of Use”) govern your access to and use of: (a) the RightRev website located at www.rightrev.com; and (b) all other services provided by RightRev, as described on, or provided through, the Site (collectively, the “RightRev Site” or “Subscription Services”). These Terms of Use form an agreement between RightRev Inc. (“RightRev”, “us”, “we”, “our”) and you. The term “you” refers to the person visiting the RightRev Website, browsing, installing, downloading, accessing or otherwise using the Site (“use” or “using” in these Terms of Use will mean any of the foregoing). Where a customer has entered into an order form for access to the RightRev Site or Subscription Services that references these Terms of Use (“Order Form”), and you are entering into these Terms of Use on behalf of such customer named in the Order Form, then you represent and warrant that you have the legal right and authority to bind the customer to these Terms of Use.
These Terms of Use apply to you if you are: (1) a visitor of the RightRev Website; (2) an employee of a customer who has ordered access to the RightRev Site or Subscription Services through an order form (“Order Form”) that is subject to a separate Master Subscription Agreement with RightRev; (3) Partners or (4) an employee of a customer who has registered for access to a trial version of the Subscription Services (“Trial”) either through the RightRev Website or through an Order Form (“Customer Trial User”).
BY USING THE RIGHTREV SITE (AS THAT TERM IS DEFINED ABOVE), YOU: (A) REPRESENT AND WARRANT THAT YOU HAVE THE CAPACITY TO ENTER INTO THE BINDING OBLIGATIONS DESCRIBED HEREIN; (B) IF YOU ARE ENTERING INTO THESE TERMS ON BEHALF OF YOUR EMPLOYER, YOU ARE AUTHORIZED BY YOUR EMPLOYER TO ENTER INTO THESE TERMS OF USE ON BEHALF OF YOUR EMPLOYER AND TO BIND YOUR EMPLOYER TO THESE TERMS OF USE; AND (C) AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS OF USE, AS UPDATED FROM TIME TO TIME. IF YOU DO NOT AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS OF USE, YOU MUST NOT USE THE RIGHTREV SITE. IF YOU ARE USING THE RIGHTREV SITE ON BEHALF OF ANOTHER PERSON OR A CORPORATE ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH PERSON OR ENTITY TO THESE TERMS OF USE.
USE OF SUBSCRIPTION SERVICES
Your use of the Subscription Services are subject to all agreements such as a Master Subscription Agreement or user agreement that accompanies or is included with the Subscription Services, Order Form, exhibits, and other terms and conditions that apply (“Agreements”). In the event that the Services are provided on or through the Site and is not licensed for your use through Agreements specific to the Subscription Services, you may use the Services subject to the following: (a) the Services may be used solely for your personal, informational, noncommercial purposes; (b) the Services may not be modified or altered in any way; and (c) the Services may not be redistributed.
USE OF DOCUMENTATIONS
You may download, store, display on your computer, view, listen to, play and print Documentation that RightRev publishes or broadcasts on the Site or makes available for download through the Site subject to the following: (a) the Documentation may be used solely for your personal, informational, noncommercial purposes; (b) the Documentation may not be modified or altered in any way; and (c) the Documentation may not be redistributed.
USE OF DATA
RightRev will not publish or sell personally identifiable data (information that identifies a particular client/customer or other individual) without your express permission, and we agree to maintain the confidentiality of your information. RightRev reserves the right to use any data and information provided by users for internal quality control and product development as necessary for supporting the Subscription Services.
USER DATA
Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site or Subscription Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Site and your use of the Subscription Services for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your contributions or any portion thereof; 4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or Subscription Service or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and 5) otherwise manage the Site and Subscription Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
VIRUSES
The usage and viewing of the RightRev Site is done at your own risk. We cannot and do not guarantee or warrant that the RightRev Site is compatible with your computer system. You are responsible for implementing safeguards to protect the security and integrity of your computer system, and you are responsible for the entire cost of any service, repairs or connections of and to your computer system that may be necessary as a result of your use of the RightRev Site.
SECURITY
RightRev shall maintain commercially reasonable administrative, physical and technical safeguards designed for the protection, confidentiality and integrity of Customer Data. For the Service, RightRev shall obtain a SSAE 16 (SOC 1) / ISAE 3402 Type II Report. Additionally, RightRev shall perform an annual ISO 27001 audit (or similar security standard), under the International Organization for Standardization (ISO) 27001 standard. No more than once per year, Customer may submit one request for a copy of: (a) RightRev’s final SSAE 16 (SOC 1) / ISAE 3402 Type II Report and (b) RightRev’s final ISO 27001 certificate. If similar third party audits, standards and/or certifications become available in the future, RightRev may choose to perform such audit and/or certify to such established industry standard selected by RightRev in place of those in the preceding sentences.
PERSONS NOT OF AGE
Persons who are not of the age of majority are not eligible to use the Site, and we ask that no information in relation to such persons be submitted to us.
COMMUNICATIONS NOT CONFIDENTIAL
We do not guarantee the confidentiality of any communications made by you through the RightRev Site. You understand, agree and acknowledge that we cannot and do not guarantee the security of data transmitted over the Internet or public networks in connection with your use of the RightRev Site or Subscription Services.
TERMINATION OF USE
RightRev may, in its sole discretion, at any time discontinue providing or limit access to the Site, any areas of the Site or content provided on or through the Site. You agree that RightRev may, in its sole discretion, at any time, terminate or limit your access to, or use of, the Site or any content.
INTELLECTUAL PROPERTY
RightRev, the RightRev logo, and the names and content of the Subscription Services (collectively, “RightRev IP”) are protected by trademarks, service marks, registered trademarks, copyrights, and/or other proprietary rights under U.S. copyright and other laws and treaties. RightRev IP may not be used without the prior written approval of RightRev. Customers shall utilize the information contained in any online report provided to such Customer from this Site solely for such Customer’s lawful internal business purposes; provided, however, that except for the right so to utilize any such online report, no license or other rights are hereby granted with respect to RightRev IP, and any and all such rights therein shall be reserved solely to RightRev, Inc. Any efforts to copy, reverse engineer, or otherwise replicate RightRev IP or obtain the source code thereof, and any infringement, misappropriation, or other violation of the rights of RightRev, Inc. in RightRev IP under applicable patent, copyright, trademark, and other laws, is specifically prohibited.
DISCLAIMER
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT PROVIDED ON OR THROUGH THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. RIGHTREV EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SITE AND ALL CONTENT PROVIDED ON OR THROUGH THE SITE. RIGHTREV MAKES NO WARRANTY THAT: (A) THE SITE OR CONTENT WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY CONTENT PROVIDED ON OR THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY CONTENT PURCHASED OR OBTAINED BY YOU ON OR THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
ANY CONTENT ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED ON OR THROUGH THE USE OF THE SITE OR SUBSCRIPTION SERVICES IS USED AT YOUR OWN DISCRETION AND RISK. RIGHTREV SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF CONTENT.
RIGHTREV RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO, AND MONITOR THE USE OF, THE SITE AND CONTENT PROVIDED ON OR THROUGH THE SITE AT ANY TIME WITHOUT NOTICE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL RIGHTREV BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE OR ANY CONTENT PROVIDED ON OR THROUGH THE SITE.
WARRANTY AND INDEMNITY
Users represent and warrant that they have all necessary rights and authority to provide the data and information provided through this Site or the Subscription Services and to permit RightRev to use such data and information as set forth in the Terms of Use. If you do not comply with this warranty, RightRev’ sole remedy and your sole obligation will be to indemnify and hold RightRev and its officers, directors, and employees harmless from and against any third-party claims, actions, investigations, or liabilities (including damages, losses, costs, expenses, and reasonable attorneys’ fees) resulting from RightRev’ possession or use of such data and other information (provided RightRev permits you to defend RightRev against any such claim). Users assume sole responsibility for results from the Subscription Services and conclusions drawn therefrom. Users will indemnify and hold RightRev and its officers, directors, and employees harmless from and against any claims, actions, investigations, or liabilities (including damages, losses, costs, expenses, and reasonable attorneys’ fees) resulting from use of this Site or the Subscription Services.
PRIVACY POLICY
RightRev understands the importance of your privacy and therefore has created a policy to address privacy concerns. Please see RightRev’s Privacy Policy for more information. Any personal information collected on this Site may be accessed and stored globally and will be treated in accordance with RightRev’s Privacy Policy. You understand that RightRev collects, uses, processes, possesses, and otherwise stores your personal information and utilization data and may share such data with third party service providers for the purpose of improving or providing services subject to RightRev’s Privacy Policy.
WAIVER AND SEVERABILITY
The failure of RightRev to exercise or enforce any rights or provisions in these Terms of Use shall not constitute a waiver of such right or provision. If any part or provision of these Terms of Use is found to be unenforceable, such part or provision may be modified to make the Terms of Use as modified legal and enforceable. The balance of the Terms of Use shall not be affected.
APPLICABLE LAWS
All matters relating to your access to, and use of, the Site and content provided on or through or uploaded to the Site shall be governed by U.S. federal law or the laws of the State of Delaware. Any legal action or proceeding relating to your access to, or use of, the Site or content shall be instituted in a state or federal court in New Castle County, Delaware. You and RightRev agree to submit to the jurisdiction of, and agree that the venue is proper in these courts in any such legal action or proceeding.
CONTACT US
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
RightRev Inc.
2350 Mission College Blvd., Ste 246
Santa Clara, CA 95054
United States
Phone: 408-214-0865
Email: info@rightrev.com