How to Contact Us
If you have any questions or concerns with respect to this Agreement or the Services you may contact the Company at firstname.lastname@example.org or 97 N 10th St #2A, Brooklyn, NY 11249
Data Collection Methods
Automated data collection on our website and online services platform
When you visit our site or use the RR services, our servers capture data that may be used to identify you and your device, such as your IP address, device identifier, and information about your device such as the operating system, time zone setting, language setting, browser settings, and browser plug ins. Depending on your device settings, we may also capture location information. Our servers may also capture information about your visit to our site or services platform, such as the website you visited right before you visited our site, the time and duration of your visit on each page on the site, and your navigation path from page to page (i.e., what you click on). We use third-party service providers such as FullStory to capture other information about your site visit, such as clicks, taps, scrolling, and recordings of your mouse navigation on our site.
Data provided by you as part of your communications with us
We collect personal data that you submit to us as part of a communication with us as a visitor or account user, such as via chat on our site, email, submission of a web form, telephone, or in person (such as at a meeting, trade show or other event). For example, you may communicate with us as a visitor to obtain more information about our services, or as an account user to request technical support. The communication may include information that can be used to identify you such as your name, job title, job function, the organization you represent, email address, phone number as well as information about your interest in our company or our services. We do not solicit information from you as part of these communications other than information that is useful to us in light of the purposes described above, but if you choose to volunteer more personal information than we ask for we will collect that as part of the communication.
Data provided by you or your organization to establish and maintain your RR account and authorize your use of our services
Our customers are required to name billing, administrative, technical and other types of service and account users who have authority to use our services and manage the customer’s account. We collect the name and business contact information of these account representatives. Our customers also authorize individuals as service users. We require each individual account representative and service user to establish their own set of account credentials (user name and password). If you use a personal payment card or other financial account to make payment arrangements, then we may collect information relevant to the processing of the payment transaction.
Data provided by you or your organization to enable RR access to your third party accounts
To provide our services we require access to our customers’ accounts with their payment providers, email service providers, and occasionally other third party services such as Zapier. Therefore the customer is required to provide account credentials used by their representatives on those platforms, or to grant RR dedicated (and revocable) access.
Marketing Partners and Resellers
We have relationships with other companies that help us market, sell and deliver our services. They may collect personal data of the type described above using the methods described above and provide that data to us. For example, we have relationships with companies who refer customers to us. We will treat personal information we receive from our marketing partners and resellers the same as the personal information we collect directly.
Combinations of data collected using different methods
We use service providers such as Google Analytics, Heap, FullStory, Segment, and Intercom to help us associate the personal data we capture about you as part of visitor interactions with personal data we collect about you as an account user.
How We Use Data
This section describes more specifically how our use of the data relates to the purposes for which we collected the data.
Visitors: We use data collected about visitors:
to operate our website – web servers, by their nature, must capture your IP address and information about your browser and device to display our site to you;
to develop our website and product offerings – we use the information about visitor navigation on our site to help us understand what part of our website and products offerings is of interest to different kinds of visitors so that we can modify and improve our site content and other marketing materials to be more appealing to prospective customers; we may also use the information about your site visits and other visitor interactions to help us measure interest in our services or various features of our services;
to measure the success of our advertising efforts – we use visitor information to verify whether the ad services we purchase from third parties are actually resulting in visits to our site or other visitor interactions;
to communicate with you as part of our marketing efforts – if you provide us with contact information we may use it to send you communications about our company, our products or services, or related topics that we think you may find of interest;
Account Users: we use data collected about accounts users (alone or as combined with data collected as part of an account user’s visitor activity (such as pre-login activity on the Site):
to provide our online services – we use login credentials to authenticate individuals as authorized administrative users of our services; we use IP addresses to provide our services
we use contact information such as your email or physical address to send invoices and other account communications, authenticate individuals who request information or support on the customer’s behalf, and administer the customer’s account, such as processing billing information to complete customer purchases;
to review compliance with usage terms in our services agreements and enforce the terms and conditions that govern our services; for example if the customer’s use of our services is limited to a certain number of individuals we may use personal data to help us monitor compliance with the usage restrictions;
to help us develop our service offerings – we use information about your use of our services to measure interest in various features, to plan enhancements and new features, and to improve user experience;
to market our services - if you provide a customer testimonial or other content for marketing purposes we will publish the content with your name or other identifying information that you authorize us to use; if you agree that we may use you as a reference, we may provide your name and contact information to prospective customers for our services so that they may contact you to discuss your experience with our services.
Retrieval of Customer Data
As long as you have paid all fees owed to us, if you make a written request within thirty (30) days after termination or expiration of your subscription, we will provide you with temporary access to the Services to the extent required to retrieve, or we will provide you with copies of, all Customer Data then in our possession or control. We may withhold access to the Customer Data until you pay any fees owed to us. Thirty (30) days after termination or expiration of your subscription, we will have no obligation to maintain or provide you the Customer Data and may, unless legally prohibited, delete all Customer Data in our systems or otherwise in our control. For the purposes of this Agreement, “Customer Data” means all information that you submit or collect via RR services.
We Do Not And Will Not Sell Your Data
Customer Data will be and will remain your property. You expressly grant, and you represent and warrant that you have all rights necessary to grant, to the Company, a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, develop, transmit, distribute, modify, reproduce, publicly display, and create derivative works of any Customer Data for the purposes of (a) providing the Services (b) developing, maintaining, supporting, and improving the Services so long as any Customer Data is not reasonably identifiable with an individual; (c) marketing, promoting and advertising the Services so long as any Customer Data is not reasonably identifiable with an individual; and (d) creating and distributing reports so long as any Customer Data is not reasonably identifiable with an individual. For the avoidance of doubt, the Company’s right to use the Customer Data includes without limitation, using Customer Data in aggregate form to create reports, provide and improve the Services, and provide better functionality to our customers.
If you do not wish to receive our email or other communications, please send your request to email@example.com. Please note that it may take up to ten days to remove your contact information from our marketing communications lists, so you may receive correspondence from us for a short time after you make your request.
RR protects personal data from unauthorized use, disclosure, corruption and destruction using appropriate technical and organizational measures.
We will retain your personal data only for as long as reasonably necessary to fulfill the purpose for which it was collected, and to comply with our legal obligations, and will use secure means to destroy the data after that time. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
Last Updated: July 12, 2021
1. USE OF THE SERVICES
This is an Agreement for access to and use of the Services and you are not granted a license to any software by this Agreement. Your right to use the Services, including the website, Apps, software, text, graphics, images, look, feel, selection and arrangement, designs, trademarks, service marks, and trade names displayed in connection with the Services, the associated URLs, and other information provided by the Company in connection with the Services (collectively, the “Content”) is limited to your own internal use and you may not (i) copy, modify, transfer, license, sublicense, sell, redistribute, republish, communicate to the public, display, share, distribute, sublicense, adapt, lease, lend, rent or otherwise exploit any of the Content, including the Services, except in accordance with this Agreement, (ii) use any of the Content, including any of the Services, in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement; (iii) insert any code, product or material to manipulate the Content in any way that affects any user’s experience, (iv) use the Services in any manner that damages, disables, overburdens or impairs any of our Services or interferes with any other party’s use of the Services, (v) attempt to gain unauthorized access to the Services, or (vi) access the Services other than through our interface. Any action or attempted action that is in breach of this Agreement is a violation of the rights of the Company and/or its licensors. If you breach any restriction contained in this Agreement, you may be subject to prosecution and damages. In addition, limits may apply to the number of campaigns you may undertake each month. Any such limits will be specified in the Company-approved Order Form entered into by you when you subscribe for the Services.
2. OWNERSHIP AND PROPRIETARY RIGHTS
You acknowledge and agree that the Content contains valuable intellectual property of the Company and its suppliers and is considered the Company’s and its suppliers’ proprietary information, as applicable. The Content is not sold to our users, and no title or ownership to such Content nor any intellectual property rights embodied therein pass as a result of this Agreement or any act pursuant to this Agreement. All rights to use and access the Content not expressly granted to you in this Agreement are reserved. Nothing in this Agreement will be deemed to grant, by implication, estoppel or otherwise, a license under any existing or future patents of the Company. The Content is protected by copyright, trademark, and other laws of the United States and foreign countries. You may not modify, create derivative works of, or in any way exploit, any of the Content in whole or in part. You may not remove, alter, or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Content. You acknowledge and agree that any feedback, comments or suggestions you may provide regarding the Services (“Feedback”) will be the sole and exclusive property of the Company and you hereby irrevocably assign to us all of your right, title and interest in and to all Feedback, including without limitation all worldwide copyright rights and other proprietary or intellectual property rights therein.
3. FEES AND PAYMENTS
Certain aspects of the Services may be provided for a fee. If you elect to use paid aspects of the Services, you agree to the terms of sale, pricing, payment and billing policies applicable to such fees and charges, posted or linked here. In the event you cancel your subscription, you shall receive no refund or exchange for any unused time on a subscription or for anything else. You acknowledge and agree that you shall be responsible for paying all fees due for the full term of your subscription, whether or not you cancel such subscription prior to the end of such term. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Company must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Company at the prices in effect when such charges are incurred. You shall pay all applicable subscription fees, including any sales, excise, service, use or other taxes now or hereafter imposed upon or required to be collected by the Company by any authority in connection with or arising from the Services and/or this Agreement, excluding taxes based upon the Company’s net income. If you prefer to pay by invoice, please contact us at firstname.lastname@example.org. If the Company agrees that you can pay by invoice, you shall pay each invoice issued by the Company by the applicable due date and in the currency specified by the Company. Any amounts not paid when due shall bear interest at the rate of one and one-half percent (1.5%) per month or the maximum rate allowed by law, whichever is less. From time to time you may engage us to provide consulting services to you. In such cases, additional terms will apply as set forth in the agreement for consulting services entered into by and between you and the Company.
4. SUBSCRIPTION TERM/RENEWAL/TERMINATION
A. The initial subscription term shall begin on the effective date of your subscription and shall expire after thirty (30) days unless a longer subscription period is indicated in your Order Form. Unless one of us gives the other written notice that it does not intend to renew the subscription for the same term or at all, your subscription will automatically renew for an additional term equal in length to the prior term at the end of each term (collectively, the "Subscription Term"). If at any time you wish to terminate the Subscription Term, written notice of non-renewal must be sent to the Company either by cancelling your account within the App or sending an email to email@example.com. All renewal Subscription Terms will be on the current terms and conditions of this Agreement, and subject to the renewal pricing provided for in your Order Form. In addition, on renewal, the current product usage limits in your Order Form will apply to your subscription, unless otherwise agreed to by you and the Company. For the sake of clarification, no Subscription Term may be cancelled by you before its expiration.
B. Termination for Cause. Either party may terminate for cause: (i) upon ten (10) days’ notice to the other party of a material breach of this Agreement if such breach remains uncured at the expiration of such period, or (ii) immediately, if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, liquidation or assignment for the benefit of creditors. This Agreement may not otherwise be terminated prior to the end of the Subscription Term.
C. Suspension for Prohibited Acts. We may suspend your access to the Services for: (i) use of the Services in a way that violates applicable local, state, federal, or foreign laws or regulations or the terms of this Agreement, or (iii) use of the Services in any way that infringes or is alleged to infringe on the copyright or trademark rights of any person or entity.
D. Suspension for Non-Payment. We may suspend your access to all or any part of the Services upon ten (10) days’ notice to you of non-payment of any amount past due. We will not suspend the Services while you are disputing the applicable charges reasonably and in good faith and are cooperating diligently to resolve the dispute. If the Services are suspended for non-payment, we may charge a re-activation fee to reinstate the Services.
E. Suspension for Present Harm. If your use of the Services: (i) is creating a security vulnerability for the Services or others, (ii) is consuming excessive bandwidth, or (iii) is causing harm to us or others, then we may, with electronic or telephonic notice to you, suspend all your access to the Services.
F. Effect of Termination or Expiration. Upon termination or expiration of your subscription, you will stop all use of the fee Services and Content. If you terminate your subscription for cause, we will promptly refund any prepaid but unused fees covering use of the Services after termination. If we terminate your subscription for cause, you will promptly pay all unpaid fees due through the end of the Subscription Term. Fees are otherwise non-refundable.
G. Retrieval of Customer Data. As long as you have paid all fees owed to us, if you make a written request within thirty (30) days after termination or expiration of your subscription, we will provide you with temporary access to the Services to the extent required to retrieve, or we will provide you with copies of, all Customer Data then in our possession or control. We may withhold access to the Customer Data until you pay any fees owed to us. Thirty (30) days after termination or expiration of your subscription, we will have no obligation to maintain or provide you the Customer Data and may, unless legally prohibited, delete all Customer Data in our systems or otherwise in our control. For the purposes of this Agreement, “Customer Data” means all information that you submit or collect via the Services.
Support is included in any subscription fee you pay to us. We attempt to respond to support questions within one business day; in practice, our responses are generally even faster. We do not promise or guarantee any specific response time. We try to make the subscription Services available 24 hours a day, 7 days a week, except for planned down-time for maintenance.
6. CUSTOMER DATA
Customer Data (as defined above) will be and will remain your property. You expressly grant, and you represent and warrant that you have all rights necessary to grant, to the Company, a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, develop, transmit, distribute, modify, reproduce, publicly display, and create derivative works of any Customer Data for the purposes of (a) providing the Services (b) developing, maintaining, supporting, and improving the Services so long as any Customer Data is not reasonably identifiable with an individual; (c) marketing, promoting and advertising the Services so long as any Customer Data is not reasonably identifiable with an individual; and (d) creating and distributing reports so long as any Customer Data is not reasonably identifiable with an individual. For the avoidance of doubt, the Company’s right to use the Customer Data includes without limitation, using Customer Data in aggregate form to create reports, provide and improve the Services, and provide better functionality to our customers.
7. NO SENSITIVE INFORMATION
YOU AGREE NOT TO USE THE SERVICES TO COLLECT, MANAGE OR PROCESS SENSITIVE INFORMATION. WE WILL NOT HAVE ANY LIABILITY THAT MAY RESULT FROM YOUR USE OF THE SERVICES TO COLLECT, MANAGE OR PROCESS SENSITIVE INFORMATION. FOR THE PURPOSES HEREOF,”SENSITIVE INFORMATION” INCLUDES BUT IS NOT LIMITED TO ANY INFORMATION SUBJECT TO REGULATIONS, LAWS OR INDUSTRY STANDARDS, INCLUDING THOSE DESIGNED TO PROTECT DATA PRIVACY AND SECURITY, SUCH AS THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA), HITECH, AND THE PAYMENT CARD INDUSTRY DATA SECURITY STANDARDS.
8. TRADEMARK NOTICE
All trademarks, service marks, logos and designs used in connection with the Services, whether registered or unregistered, are owned or licensed by the Company. You may not use or display any trademarks, service marks, logos or designs owned by the Company without our prior written consent.
9. YOUR ACCOUNT
Prior to accessing and using our subscription Services, you will need to create an account with us (your “Account”). When you create any Account with us, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or any other applicable jurisdiction. To the extent that you provide information in connection with the creation of your Account, you agree (i) to provide accurate, current and complete information; (ii) not to provide any false personal information (including a false username) or create any account for anyone other than yourself without such other person’s permission; (iii) not to use a username that is the name of another person with the intent to impersonate that person; (iv) not to use a username that is subject to rights of another person without appropriate authorization; and (v) not to use a username that is offensive, vulgar, obscene or otherwise in bad taste. You are responsible for maintaining the confidentiality of any passwords associated with your Account, monitoring all activity under your Account, and assuming full responsibility for all activities that occur under your Account (unless we cause a security breach). You agree to notify us immediately if your Account password is lost, stolen and/or disclosed to an unauthorized third party, or otherwise may have been compromised. If you chose to link your Account to any social networking or other online accounts (each, a “Third-Party Account”), the Company may access and retrieve your account information from these sites on your behalf (in some cases by using your user name or password) to make certain information or services available to you through the Services. When you link these other accounts to your Account and/or the Services, you expressly authorize us to access your account information from those third-party accounts on your behalf as your agent and you permit us to access, use and, in some cases, store your account information to accomplish the foregoing. You may only link to other accounts with third parties that are yours. The Company has no responsibility or liability with respect to any Third-Party Account.
10. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ARE USING THE SERVICES AT YOUR OWN RISK. THE SERVICES AND THE CONTENT ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, AND THE COMPANY AND ITS AFFILIATES, AGENTS, LICENSORS, CONTENT PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, SUPPLIERS, SHAREHOLDERS, REPRESENTATIVES, CONTRACTORS AND THEIR ASSIGNS (COLLECTIVELY, THE “RELATED PARTIES”) HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, QUIET ENJOYMENT, COMPLETENESS, RELIABILITY, SECURITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY, QUALITY, RELIABILITY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY OR THROUGH THE SERVICES. THE COMPANY AND THE RELATED PARTIES DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION OR DATA, OR THAT NO VIRUSES OR BUGS WILL BE TRANSMITTED ON OR THROUGH THE SERVICES OR THAT DEFECTS, IF ANY, WILL BE CORRECTED, THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT APPLICATION PROGRAMMING INTERFACES (APIs) WILL BE AVAILABLE AT ALL TIMES OR ANY TIME. ADDITIONALLY, IN NO EVENT WILL THE COMPANY OR ANY OF THE RELATED PARTIES BE LIABLE FOR PERSONAL INJURY OR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR ANY OTHER SUCH DAMAGES, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE. THESE LIMITATIONS WILL APPLY WHETHER OR NOT THE COMPANY OR ANY RELATED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. YOU ACKNOWLEDGE THAT THE ABOVE DISCLAIMERS ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY. THE COMPANY WOULD NOT PROVIDE THE SERVICES ABSENT SUCH DISCLAIMERS. IN THE EVENT OF ANY LIABILITY, THE COMPANY AND THE RELATED PARTIES SHALL BE COLLECTIVELY LIABLE ONLY TO THE EXTENT OF DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $50. THIS LIMITATION OF LIABILITY IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY. THE COMPANY WOULD NOT PROVIDE THE CONTENT, INCLUDING THE SERVICES, TO YOU ABSENT SUCH LIMITATION. ANY CAUSES OF ACTION YOU MAY HAVE WITH RESPECT TO THE COMPANY OR ANY OF THE SERVICES MUST BE RAISED IN ARBITRATION WITHIN TWO (2) MONTHS OF THE TIME IN WHICH THE EVENTS GIVING RISE TO SUCH CLAIM BEGAN OR YOU AGREE TO WAIVE SUCH CLAIM. REMEDIES UNDER THIS AGREEMENT ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THIS AGREEMENT. SOME STATES DO NOT ALLOW THE PERSONAL INJURY OR THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. Please note that we have implemented commercially reasonable and industry standard technical and organizational measures designed to secure Customer Data from accidental loss and from unauthorized access, use, alteration or disclosure. However, you acknowledge that the Company cannot guarantee that unauthorized third parties will never be able to defeat those measures.
11. DISCLAIMER FOR ACCESS OUTSIDE OF THE UNITED STATES/INTENDED AUDIENCE
13. MODIFICATIONS TO THIS AGREEMENT/ENTIRE AGREEMENT/ASSIGNMENT
14. APPLICABLE LAW/DISPUTE RESOLUTION
This Agreement and the resolution of any dispute related to this Agreement or the Services shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts without giving effect to any principles of conflicts of law. Your use of the Services may also be subject to other local, state, national or international laws. In the unlikely event that the Company has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any Company claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Actions”), by binding arbitration by the American Arbitration Association (“AAA”) in Boston, Massachusetts under the commercial rules then in effect for the AAA, except as provided herein. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing the Company from seeking injunctive or other equitable relief from the courts as necessary to protect any of the Company’s intellectual property rights or other proprietary interests. ALL ACTIONS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
15. NO THIRD PARTY BENEFICIARIES. Nothing in this Agreement, express or implied, is intended to or shall confer upon any third party person or entity any right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.
16. CONTRACT FOR SERVICES. This Agreement is a contract for the provision of services and not a contract for the sale of goods. The provisions of the Uniform Commercial Code (UCC), the Uniform Computer Information Transaction Act (UCITA), or any substantially similar legislation as may be enacted, shall not apply to this Agreement. If you are located outside of the territory of the United States, the parties agree that the United Nations Convention on Contracts for the International Sale of Goods shall not govern this Agreement or the rights and obligations of the parties under this Agreement.
17. AUTHORITY. Each party represents and warrants to the other that it has full power and authority to enter into this Agreement and that it is binding upon such party and enforceable in accordance with its terms.
18. PRECEDENCE. In the event of a conflict between the terms of this Agreement and an Order Form or agreement for consulting services, the terms of the Order Form or agreement for consulting services shall control, but only as to that Order Form or agreement for consulting services.
19. INDEMNITY. You will indemnify and hold harmless the Company and its successors, affiliates, officers, directors and employees against and from all third party: claims, actions, demands, damages, liability and expenses (including, without limitation, court costs and reasonable attorneys’ fees) (together, “Claims”) arising out of or in connection with your breach or alleged breach of this Agreement. The indemnifying party shall not, without the prior written consent of the indemnified party, effect any settlement of any pending or threatened proceeding in respect to which indemnified party is or could be indemnified hereunder unless such settlement either (a) includes an unconditional release of the indemnified party from all liability on all Claims that are the subject matter of such proceeding or (b) is consented to in writing by the indemnified party.
20. SURVIVAL Notwithstanding anything contained herein to the contrary, the following Sections of this Agreement will survive any termination of this Agreement and the termination of your subscription to the Services, if any: Sections 1-5, 6-12 and 15-22.
21. CONTACT INFORMATION If you have any questions or concerns with respect to this Agreement or the Services you may contact the Company at firstname.lastname@example.org.