RIPPCORD TERMS OF USE

Last Updated: February 22, 2013

1. GENERAL PROVISIONS

Rippcord provides services through its websites, programs and computer servers, including but not limited to publication of franchise ratings, franchise information, reports, graphs, advertisements, map listings, franchise deals and coupons, classified advertising, forums, and email forwarding. (All such services are referred to collectively herein as ("Services"). By accessing or using Rippcord and the Services, you are a "User" and you accept and agree to the terms contained herein (the "Terms of Use") as a legally binding contract between you and Rippcord. The Terms of Use include and incorporate additional terms applicable to particular categories or services available on craigslist as set forth to users upon access to such categories or services ("Policies"). Rippcord may post changes to the Terms of Use at any time, and any such changes will be applicable to all subsequent access to or use of Rippcord.

If you do not accept and agree to all provisions of the Terms of Use, now or in the future, you may reject the Terms of Use by immediately terminating all access and use of Rippcord, in which case any continuing access or use of Rippcord is unauthorized. You are also required to comply with, and to ensure compliance with, all laws, ordinances and regulations applicable to your activities on Rippcord.

Rippcord is intended and designed for users eighteen (18) years of age and older, and access or use by anyone younger is not authorized.

The Terms of Use grant you a limited, revocable, nonexclusive license to access Rippcord and to use Rippcord, in whole or in part, including but not limited to Rippcord intellectual property therein, solely in strict compliance with the Terms of Use.

"RIPPCORD" is a registered trademark and is protected by United States and international laws. The Terms of Use do not authorize you to use "RIPPCORD," "RIPPSCORE," "RIPPORT," the tagline "We Rate Franchises," the RIPPCORD LOGO, or any similar or related marks for any online, offline, or print use pertaining to classified advertising, Internet advertising, social networks, online forums, online communication services or any similar or related use, or any other use that is likely to cause confusion on the part of, to cause mistake by or to deceive the public as to any affiliation, connection, association, origin, sponsorship, approval or endorsement by or with RIPPCORD.

2. REGULATION OF CONTENT

RIPPCORD has the right, but not the obligation, to regulate content (which includes but is not limited to postings, text, code, images, video, online files, advertisements, accounts, account information, flags, emails, messages and any other user communications ("Content")) posted to, stored on or transmitted via RIPPCORD by any user (or any other third party in any manner); to regulate conduct (including but not limited to any authorized or unauthorized access to or use of RIPPCORD) by any user (or any other third party in any manner); and to enforce the Terms of Use, for any reason and in any manner or by any means that RIPPCORD, in its sole discretion, deems necessary or appropriate (including but not limited to automated and manual screening, blocking, filtering, exclusion from index pages, exclusion from search results, requiring the use of an application programming interface ("API"), requiring the use of a bulk posting interface, authorization, verification, and the deletion and/or termination of content, accounts and/or all or any use or access). RIPPCORD may, in its sole discretion and without notice, start, stop or modify any regulation or enforcement measures at any time. Action or inaction by RIPPCORD to regulate content or conduct, or to enforce against any potential violation of the Terms of Use by any user (or any other third party) does not waive RIPPCORD's right to implement or not implement regulation or enforcement measures with respect to any subsequent or similar content, conduct or potential Terms of Use violation.

You also understand and agree that any action or inaction by RIPPCORD or any of its directors, officers, members, owners, stockholders, employees, consultants, predecessors, successors, affiliates, subsidiaries, agents or representatives (collectively, "RIPPCORD Parties") to prevent, restrict, redress or regulate content, or to implement other enforcement measures against any content, conduct or potential Terms of Use violation is undertaken voluntarily and in good faith, and you expressly agree that neither RIPPCORD nor any of the RIPPCORD Parties shall be liable to you or anyone else for any action or inaction to prevent, restrict, redress, or regulate content, or to implement other enforcement measures against any content, conduct or potential violation of the Terms of Use.

Although any of the RIPPCORD Parties may moderate content, conduct and Terms of Use compliance on Rippcord.com at RIPPCORD's discretion, the RIPPCORD Parties have no authority to make binding commitments, promises or representations to anyone that they or anyone else on behalf of RIPPCORD will "take care" or "handle" or "fix" any alleged problem or complaint, or that they or anyone else on behalf of RIPPCORD will otherwise stop, cure or prevent any problem, content, conduct or purported Terms of Use violation from occurring or recurring. Accordingly, you further agree that any representation (written or oral) by any of the RIPPCORD Parties (or by anyone else acting on behalf of RIPPCORD or by anyone purportedly acting on behalf of RIPPCORD) that RIPPCORD (including but not limited to any of the RIPPCORD Parties, anyone else acting on behalf of RIPPCORD, or anyone purportedly acting on behalf of RIPPCORD) would or would not prevent, restrict, redress or regulate content (including, without limitation, screen, block, moderate, review, remove, terminate, delete, edit or otherwise stop, cure or exclude any content), or to implement other enforcement measures against any content, conduct or potential or purported Terms of Use violation is superseded by this provision and is nonbinding and unenforceable.

Specifically, you agree that RIPPCORD, the RIPPCORD Parties and anyone else authorized to act on behalf of RIPPCORD shall in no circumstance be liable as a result of any representation that RIPPCORD, any of the RIPPCORD Parties, or anyone else on behalf of RIPPCORD would or would not restrict or redress any content, conduct or potential or purported Terms of Use violation. This paragraph may not be modified, waived or released except by a written agreement, dated and signed by a wholly and fully authorized RIPPCORD representative and dated and signed by the individual or entity to whom the modification, waiver or release is granted.

RIPPCORD also has the right in its sole discretion to limit, modify, interrupt, suspend or discontinue all or any portions of the Rippcord.com website or its affiliated online or offline brand presences at any time without notice. RIPPCORD and the RIPPCORD Parties, or any other individual or entity authorized to act on behalf of RIPPCORD shall not be liable for any such limitations, modifications, interruptions, suspensions or discontinuance, or any purported losses, harm or damages arising from or related thereto.

3. CONTENT AND CONDUCT

a. Content

RIPPCORD does not control, is not responsible for and makes no representations or warranties with respect to any user content. You are solely responsible for your access to, use of and/or reliance on any user content. By agreeing to these Terms of Use you explicitly agree that YOU, and ONLY YOU must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user content.

YOU are also responsible for any content that you post or transmit and, if you create an account, you are responsible for all content posted or transmitted through or by use of your account.

Content prohibited from RIPPCORD includes but is not limited to: (1) illegal content; (2) content in facilitation of the creation, advertising, distribution, provision or receipt of illegal goods or services; (3) offensive content (including, without limitation, defamatory, threatening, hateful or pornographic content); (4) content that discloses another's personal, confidential or proprietary information; (5) false or fraudulent content (including but not limited to false, fraudulent or misleading responses to user ads transmitted via RIPPCORD); (6) malicious content (including, without limitation, malware or spyware); (7) content that offers, promotes, advertises, or provides links to posting or auto-posting products or services, account creation or auto-creation products or services, flagging or auto-flagging products or services, bulk telephone numbers, or any other product or service that if utilized with respect to RIPPCORD would violate these Terms of Use or RIPPCORD's other legal rights; and (8) content that offers, promotes, advertises or provides links to unsolicited products or services. With regard to illegal content, it is YOUR responsibility and obligation ALONE and not that of RIPPCORD to fully investigate the legality of your content and/or activities PRIOR to your engagement in the posting of such content or engagement in activities on Rippcord.com. RIPPCORD bears NO liability or responsibility for YOUR actions, content, or activities. Other content prohibitions are set forth in guidelines for particular categories or services on craigslist and all such prohibitions are expressly incorporated into these Terms of Use as stated in Section 1 above.

You automatically grant and assign to RIPPCORD, and you represent and warrant that you have the right to grant and assign to RIPPCORD, a perpetual, irrevocable, unlimited, fully paid, fully sub-licensable (through multiple tiers), worldwide license to copy, perform, display, distribute, prepare derivative works from (including, without limitation, incorporating into other works) and otherwise use any content that you post. You also expressly grant and assign to RIPPCORD all rights and causes of action to prohibit and enforce against any unauthorized copying, performance, display, distribution, use or exploitation of, or creation of derivative works from, any content that you post (including but not limited to any unauthorized downloading, extraction, harvesting, collection or aggregation of content that you post).

You agree to indemnify and hold RIPPCORD and all of the RIPPCORD Parties harmless from and against any third-party claims, causes of action, lawsuits, actions, demands, or damages related to or arising out of: (a) content that you post or transmit (including but not limited to content that a third-party deems defamatory or otherwise harmful or offensive); (b) activity that occurs through or by use of your account (including, without limitation, all content posted or transmitted); (c) your use of or reliance on any user content; and (d) your violation of the Terms of Use. This indemnification obligation includes payment and compensation for all administrative costs, legal costs and fees, and payment of any attorneys' fees and costs incurred by RIPPCORD or any of the RIPPCORD Parties.

b. Conduct

RIPPCORD does not control, is not responsible for and makes no representations or warranties with respect to any user or user conduct or activity. YOU are solely responsible for your interaction with or reliance on any user or user conduct. YOU must perform any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user or user conduct.

YOU are also responsible for your own conduct and activities on, through or related to Rippcord.com, and, if you create an account on Rippcord.com, you are responsible for all conduct or activities on, through or by use of your account.

You agree to indemnify and hold RIPPCORD and all of the RIPPCORD Parties harmless from and against any third-party claims, causes of action, lawsuits, actions, demands, or damages related to or arising out of your own conduct or activities on, through or related to RIPPCORD or Rippcord.com, and related to or arising out of any conduct or activities on, through or by use of your RIPPCORD account, if any. This indemnification obligation includes payment and compensation for all administrative costs, legal costs and fees, and payment of any attorneys' fees and costs incurred by RIPPCORD or any of the RIPPCORD Parties.

4. REPEAT INFRINGER POLICY

 

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, RIPPCORD has adopted a policy of terminating, in appropriate circumstances and at RIPPCORD's sole discretion, subscribers or account holders who are deemed to be repeat infringers. RIPPCORD may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

 

5. THIRD PARTY CONTENT

RIPPCORD or users may provide links to Web pages and content of third parties as a service to those interested in such links and content, and RIPPCORD may post third party content or allow users to post their content or third party content to the Site including without limitation Professional Information (such content is collectively referred to as "Third Party Content"). RIPPCORD does not monitor or have any control over any Third Party Content or third party Web sites. RIPPCORD does not endorse or adopt any Third Party Content or third party Website and can make no guarantee as to its accuracy or completeness. RIPPCORD does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third Party Content or third party Websites. Users use these links, Third Party Content and third party Websites at their own risk.

 

6. THIRD PARTY SERVICES

The Site may also contain, provide information regarding or link to certain applications and services provided or offered by third parties (collectively the "Third-Party Services"), including without limitation information related to professional services. RIPPCORD is merely an information provider and is not a referral service, and it does not recommend or endorse any such Third-Party Services or monitor or have any control over such Third-Party Services. Therefore, RIPPCORD makes no guarantee, representation or warranty of any kinds as to the quality, competency, value, reliability, responsiveness, accuracy or completeness of any such Third-Party Services or the results obtained therefrom, and RIPPCORD assumes no responsibility or liability for any Third Party Services or for the actions or failure to act of those providing such Third-Party Services. You assume full responsibility for your use of any such Third-Party Services, and RIPPCORD is not responsible or liable for any Third-Party Services. Without limiting the generality of the foregoing, imagery, information and services from Google Maps is supplied by Google, Inc., and your use thereof is subject to the applicable Google terms of use agreement.

 

7. ADVERTISEMENTS AND PROMOTIONS

 

RIPPCORD may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than RIPPCORD, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. RIPPCORD is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-RIPPCORD advertisers on the Site.

 

8. PROFESSIONAL ADVERTISING AND COMMUNICATIONS

It is solely the responsibility of professionals to ensure that any information or advertisements they post or place on the Avvo website (including without limitation any Professional Information), and any communications they may have with prospective clients through the Site and the Services, fully comply with all applicable laws and rules of professional conduct, including those concerning the unauthorized practice of law or medicine and those regulating the form, manner or content of communications with clients, advertising, or other matters.

 

9. SUBMISSIONS

You acknowledge and agree that any materials, including but not limited to questions, comments, reviews, suggestions, ideas, feedback, plans, notes, original or creative materials or other information, provided by you in the form of e-mail or other submissions to RIPPCORD, or any postings on the Site, are non-confidential and shall become the sole property of RIPPCORD. RIPPCORD shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

 

 

10. POSTING AND ACCOUNTS

This Section 4 applies to all uses and users of Rippcord.com, unless RIPPCORD has specifically authorized an exception to a particular term for a particular user in a written agreement executed by the party to be exempted and a fully and wholly authorized RIPPCORD representative. RIPPCORD has sole and absolute discretion to authorize or deny any exception or exceptions to the terms in this Section 4.

a. Postings

Users may not circumvent any technological measure implemented by RIPPCORD to restrict the manner in which content may be posted on Rippcord.com or to regulate the manner in which content (including but not limited to email) may be transmitted to other users. This prohibition includes, without limitation, a ban on the use of multiple email addresses (created via an email address generator or otherwise); the use of multiple IP addresses (via proxy servers, modem toggling, or otherwise); CAPTCHA circumvention, automation or outsourcing; multiple and/or fraudulent RIPPCORD accounts, including phone-verified accounts; URL shortening, obfuscation or redirection; use of multiple phone lines or phone forwarding for verification; and content obfuscation via HTML techniques, printing text on images, inserting random text or content "spinning."

It is expressly prohibited for any third party to post content to Rippcord.com on behalf of another. Users must post content only on their own behalf, and may not permit, enable, induce or encourage any third party to post content for them.

It is expressly prohibited to post content to Rippcord.com using any automated means. Users must post all content personally and manually through all steps of the posting process. It is also expressly prohibited for any user to develop, offer, market, sell, distribute or provide an automated means to perform any step of the posting process (in whole or in part). Any user who develops, offers, markets, sells, distributes or provides an automated means to perform any step of the posting process (in whole or in part) shall be responsible and liable to RIPPCORD and all of the RIPPCORD Parties for each instance of access to Rippcord.com (by any user or other third party) using that automated means.

Affiliate marketing is expressly prohibited on Rippcord.com. Users may not post content or communicate with any Rippcord user for purposes of affiliate marketing or in connection with any affiliate marketing system, scheme or program in any manner or under any circumstance.

b. Accounts

A user may maintain and use no more than one account, including a telephone or phone-verified account ("PVA"), to post content. A user specifically may not create or use additional accounts for the purpose of circumventing technological restrictions (security measures) in the posting process or otherwise for posting content in violation of the Terms of Use.

A user may create an account, including a PVA, only on his/her own behalf. A user must not permit, enable, induce or encourage others to create accounts or PVAs for him/her. The creation of accounts or PVAs for others is expressly prohibited. A user must only use his/her own account or PVA, and may not use any account or PVA of another. The purchase and sale of accounts, including but not limited to PVAs, is expressly prohibited.

A user must create his/her account or PVA personally and manually and may not create accounts or PVAs by any automated means. Without limitation, this includes the obligation that the user personally and manually solves any CAPTCHA challenge in the account creation process. Further, a user must create any PVA using his/her own valid telephone number. The creation of a PVA using a telephone number that is not the user's own, a telephonic forwarding service or system, or a temporary/disposable telephone number or service is expressly prohibited. The circumvention of any technological restriction or security measure in the account creation or PVA creation process is also expressly prohibited.

c. Flagging

A user shall not "flag" (or otherwise seek removal of) content on Rippcord without a personal, good-faith belief that the content violates the Terms of Use. A user may flag content only on his/her own behalf. A user must not permit, enable, induce or encourage others to flag content for them. A user must not flag content for others. A user may flag a specific item of content only once.

A user flagging content must do so manually and may not employ any automated means, products (including, without limitation, software programs) or services to flag content. A user must not circumvent any technological restrictions (security measures) in the flagging process. Without limitation, this prohibition includes a ban on the use of multiple IP addresses for flagging (by use of proxy servers or any means whatsoever).

11. UNAUTHORIZED ACCESS AND ACTIVITIES

This Section 5 applies to all uses and users of RIPPCORD, unless RIPPCORD or one of the RIPPCORD Parties has specifically authorized an exception to a particular term for a particular user in a written agreement between that user and a wholly and fully authorized RIPPCORD representative. RIPPCORD has sole and absolute discretion to authorize or deny any exception or exceptions to the terms in this Section 5.

To maintain the integrity and functionality of Rippcord.com for its users, access to Rippcord.com and/or activities related to Rippcord.com that are harmful to, inconsistent with or disruptive of Rippcord.com and/or its users' beneficial use and enjoyment of Rippcord.com are expressly unauthorized and prohibited. For example, without limitation:

The collection of Rippcord users' personal information (including but not limited to email addresses, IP addresses and telephone numbers) is not allowed for any purpose.

Any copying, aggregation, display, distribution, performance or derivative use of Rippcord.com or any content posted on Rippcord.com whether done directly or through intermediaries (including but not limited to by means of spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds) is prohibited. As a limited exception, general purpose Internet search engines and noncommercial public archives will be entitled to access Rippcord.com without individual written agreements executed with RIPPCORD that specifically authorize an exception to this prohibition if, in all cases and individual instances: (a) they provide a direct hyperlink to the relevant Rippcord website, service, forum or content; (b) they access Rippcord.com from a stable IP address using an easily identifiable agent; and (c) they comply with Rippcord.com's robots.txt file; provided however, that RIPPCORD may terminate this limited exception as to any search engine or public archive (or any person or entity relying on this provision to access Rippcord.com without their own written agreement executed with RIPPCORD), at any time and in its sole discretion, upon written notice, including, without limitation, by email notice.

Any access to or use of Rippcord.com to design, develop, test, update, operate, modify, maintain, support, market, advertise, distribute or otherwise make available any program, application or service (including, without limitation, any device, technology, product, computer program, mobile device application, website, or mechanical or personal service) that enables or provides access to, use of, operation of or interoperation with Rippcord.com (including, without limitation, to access content, post content, cross-post content, re-post content, respond or reply to content, verify content, transmit content, create accounts, verify accounts, use accounts, circumvent and/or automate technological security measures or restrictions, or flag content) is strictly prohibited. This prohibition specifically applies but is not limited to software, programs, applications and services for use or operation on or by any computer and/or any electronic, wireless and/or mobile device, technology or product that exists now or in the future.

If you access Rippcord.com or copy, display, distribute, perform or create derivative works from Rippcord.com webpages or other RIPPCORD intellectual property in violation of the Terms of Use or for purposes inconsistent with the Terms of Use, your access, copying, display, distribution, performance or derivative work is unauthorized. Circumvention of any technological restriction or security measure on Rippcord.com or any provision of the Terms of Use that restricts content, conduct, accounts or access is expressly prohibited. For purposes of this paragraph, you agree that cached copies of Rippcord.com webpages on your computer or computer server constitute "copies" under the Copyright Act, 17 U.S.C. § 101. For purposes of this paragraph, you further agree that CAPTCHAs and telephone verification are "technological measures" that effectively control access to copyright-protected components and rights of CL pursuant to 17 U.S.C. § 1201.

Any effort to decompile, disassemble or reverse engineer all or any part of Rippcord.com in order to identify, acquire, copy or emulate any source code or object code is expressly prohibited.

Any activities (including but not limited to posting voluminous content) that are inconsistent with use of Ripcord.com in compliance with the Terms of Use or that may impair or interfere with the integrity, functionality, performance, usefulness, usability, signal-to-noise ratio or quality of all or any part of Rippcord.com in any manner are expressly prohibited.

Any attempt (whether or not successful) to engage in, or to enable, induce, encourage, cause or assist anyone else to engage in, any of the above unauthorized and prohibited access and activities is also expressly prohibited and is a violation of the Terms of Use.

12. USER COMMUNICATIONS, TRANSACTIONS, INTERACTIONS, DISPUTES AND RELATIONS

RIPPCORD and the RIPPCORD Parties are not parties to, have no involvement or interest in, make no representations or warranties as to, and have no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other user, person or organization ("Your Interactions with Others"). You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research or due diligence with respect to Your Interactions with Others.

You agree to indemnify and hold RIPPCORD and all RIPPCORD Parties harmless from and against any third-party claims, causes of action, lawsuits, judgments, demands, or damages related to or arising out of your interactions with others. This indemnification obligation includes payment of all administrative and legal costs incurred by RIPPCORD, including but not limited to any attorneys' fees and costs incurred by RIPPCORD or any of the RIPPCORD Parties.

13. FEES

RIPPCORD may charge a fee to post content, advertisements, or for other features, products, services or licenses. You are responsible to RIPPCORD for any fees applicable to content that you post or other features, products, services or licenses you purchase or that are purchased through your account or directly to RIPPCORD or any of the RIPPCORD Parties. You authorize RIPPCORD, the RIPPCORD Parties, or its/their designated payment processor, to charge your specified credit card, debit card or other payment method for such fees.

Unless otherwise specified, all fees are in United States Dollars ("USD") and all charges will be made in USD. Any applicable sales or other taxes are additional to the stated fee. Currency exchange settlements and foreign transaction fees are based on your agreement with your credit card or other payment method provider.

Except as required by law, all fees are nonrefundable, including, without limitation, in situations where paid posts are removed by RIPPCORD in its enforcement of these Terms of Use, and/or by community flagging. Payments and purchases may not be canceled by the user, except as required by law. However, RIPPCORD reserves the right to refuse or terminate any purchase or attempted purchase at any time in its sole discretion. You understand and agree that if you authorize a payment transaction with your credit card, debit card or other payment method, but your charge is rejected for any reason, there may be a hold on your use of that transaction amount for several days.

14. DISCLAIMERS

YOUR ACCESS TO, USE OF AND RELIANCE ON RIPPCORD AND CONTENT ACCESSED THROUGH RIPPCORD.COM IS ENTIRELY AT YOUR OWN RISK. RIPPCORD.COM (INCLUDING, WITHOUT LIMITATION, THE WEBSITES, PROGRAMS, SERVICES, FORUMS AND CONTENT ACCESSED THROUGH THE WEBSITES, PROGRAMS, SERVICES AND FORUMS) IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND.

ALL EXPRESS AND IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) ARE EXPRESSLY DISCLAIMED.

WITHOUT LIMITING THE FOREGOING, RIPPCORD ALSO DISCLAIMS ALL WARRANTIES FOR OR WITH RESPECT TO: (a) THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF RIPPCORD AND RIPPCORD.COM AND CONTENT ACCESSED THROUGH CRAIGSLIST; (b) COMPUTER WORMS, VIRUSES, SPYWARE, ADWARE AND ANY OTHER MALWARE, MALICIOUS CODE OR HARMFUL CONTENT OR COMPONENTS ACCESSED, RECEIVED OR DISSEMINATED THROUGH, RELATED TO OR AS A RESULT OF RIPPCORD OR CONTENT ACCESSED THROUGH RIPPCORD.COM; (c) ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS OR COMMUNICATIONS THROUGH, RELATED TO OR AS A RESULT OF USE OF RIPPCORD.COM OR CONTENT ACCESSED THROUGH RIPPCORD.COM (INCLUDING, WITHOUT LIMITATION, ACCESSED THROUGH ANY LINKS ON RIPPCORD.COM OR IN SUCH CONTENT).

THESE DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

Some jurisdictions do not allow disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers as to implied warranties may not apply.

15. LIMITATIONS OF LIABILITY

RIPPCORD AND THE RIPPCORDPARTIES SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY ACCESS TO, USE OF OR RELIANCE ON RIPPCORD.COM OR CONTENT ACCESSED THROUGH RIPPCORD.COM BY YOU OR ANYONE ELSE, OR FOR ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS, DISPUTES OR RELATIONS BETWEEN YOU AND ANY OTHER PERSON OR ORGANIZATION ARISING OUT OF OR RELATED TO RIPPCORD.COM OR CONTENT ACCESSED THROUGH RIPPCORD.COM, INCLUDING BUT NOT LIMITED TO LIABILITY FOR INJUNCTIVE RELIEF AS WELL AS FOR ANY HARM, INJURY, LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU OR ANYONE ELSE (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF RIPPCORD OR ANY OF THE RIPPCORD PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF, BUT IS NOT RESTRICTED TO, WHETHER THE ALLEGED LIABILITY, HARM, INJURY, LOSS OR DAMAGES AROSE FROM AUTHORIZED OR UNAUTHORIZED ACCESS TO OR USE OF RIPPCORD.COM OR CONTENT ACCESSED THROUGH RIPPCORD.COM; ANY INABILITY TO ACCESS OR USE RIPPCORD.COM OR CONTENT ACCESSED THROUGH RIPPCORD.COM; OR ANY REMOVAL, DELETION, LIMITATION, MODIFICATION, INTERRUPTION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF RIPPCORD.COM OR CONTENT ACCESSED THROUGH RIPPCORD.COM.

THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES RESULTING FROM ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS, COMMUNICATIONS OR RELATIONS THROUGH, RELATED TO OR AS A RESULT OF RIPPCORD.COM OR CONTENT ACCESSED THROUGH RIPPCORD.COM (INCLUDING, WITHOUT LIMITATION, ANY LINKS ON RIPPCORD.COM AND LINKS IN CONTENT ACCESSED THROUGH RIPPCORD.COM).

You hereby release RIPPCORD and each of the RIPPCORD Parties, and their respective subsidiaries, affiliates, successors, predecessors, assigns, heirs, agents, representatives, beneficiaries, service providers and suppliers, from all claims, suits, judgments, demands and damages of every kind and nature, known and unknown, direct and indirect, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to Rippcord.com or content accessed through Rippcord.com, or any interactions with others arising out of or related to Rippcord.com, or content accessed through Rippcord.com, and you expressly waive the provisions of California Civil Code Section 1542 (and any similar laws in other jurisdictions), which provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

16. NOTIFICATION OF CLAIMS OF INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights (including trademark rights) have been otherwise violated, please email contact@rippcord.com

17. INJUNCTIVE RELIEF

You acknowledge and agree that any violation or breach of the Terms of Use may cause RIPPCORD and/or the RIPPCORD Parties immediate and irreparable harm and damages; consequently, notwithstanding any other provision of the Terms of Use or other applicable legal requirements, RIPPCORD or any of the RIPPCORD Parties have the right to, and may in its discretion, immediately obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek permanent injunctive relief regarding any violation or breach of the Terms of Use. In addition to any and all other remedies available to RIPPCORD or any of the RIPPCORD Parties in law or in equity, RIPPCORD or any of the RIPPCORD Parties may seek specific performance of any term in the Terms of Use, including but not limited to by preliminary or permanent injunction.

18. DAMAGES

In addition to any injunctive relief, you agree to pay to RIPPCORD or any of the RIPPCORD Parties the total amount of all actual damages (including but not limited to direct, indirect, consequential and incidental damages) caused by any violation of the Terms of Use for which you bear responsibility; EXCEPT you acknowledge that, for certain Terms of Use violations, actual damages would be extremely difficult or impossible to quantify. Consequently, for such Terms of Use violations, you agree to pay liquidated damages to RIPPCORD or any of the RIPPCORD Parties in an amount to be determined by RIPPCORD in strict accordance with conventional methods of calculating liquidated damages. 

Furthermore you agree that the amounts of liquidated damages described therein are reasonable estimates of RIPPCORD's damages for such violations, and that liquidated damages for violations of the Terms of Use are and will be cumulative.

19. PRIVACY

RIPPCORD has established a privacy policy covering the collection, use, and disclosure of user information:

20. TERMINATION

Notwithstanding any of these Site Terms, Company reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent your access to and use of the Site.   Notwithstanding the foregoing, Premium Service subscriptions will only be terminated by Avvo if your payment method fails, your account is past due, you breach this agreement and fail to cure such breach within ten (10) days of Avvo's notice to you thereof, or Avvo discontinues offering such Premium Service.

 

21. SEVERABILITY

If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.

22. MISCELLANEOUS

These Terms of Use constitute the entire agreement between you and RIPPCORD, and supersede any prior written or oral agreement. Other than the RIPPCORD Parties (who are expressly included as named third-party beneficiaries of the Terms of Use), there are no third-party beneficiaries to the Terms of Use.

Any and all claims, suits, causes of action or disputes (regardless of theory) between you and RIPPCORD or any of the RIPPCORD Parties arising out of or related to the Terms of Use, Rippcord.com, or content accessed through Rippcord.com shall be governed by the laws of the State of Arizona (EVEN IF YOUR USE IS OUTSIDE THE STATE OF ARIZONA) without regard to conflict or choice of law principles. You and RIPPCORD agree that any such claims, causes of action or disputes shall be brought exclusively in courts located within the county of Maricopa, Arizona, and you and RIPPCORD agree to submit to the personal and exclusive jurisdiction of such courts. You further agree that, regardless of any statute or law to the contrary, you must file any such claim or cause of action within two (2) years after such claim or cause of action arose or be forever barred. If any provision of the Terms of Use is found by a court of competent jurisdiction to be unenforceable, all other provisions of the Terms of Use shall remain in full force and effect.

Moreover, take note specifically that all claims against RIPPCORD or its users who submit member reviews will face scrutiny under Arizona’s Anti-SLAPP statutes. For reference, please review ARIZ. REV. STAT. §§ 12-751 – 12-752.

23. FEEDBACK

Comments on these Terms of Use are welcome in the Rippcord.com Feedback feature located on almost every Rippcord.com webpage. Users of the Rippcord.com website may also send an email to contact@rippcord.com