Effective date: January 1, 2020
These terms (the “Terms of Use”) govern your use of the websites www.reidcampellgroup.com, www.rivaltech.com and www.reach3insights.com and all applications owned or controlled by the Reid Campbell Group Inc., its subsidiaries and affiliates (including, without limitation, Rival Technologies Inc. and Reach3 Insights Inc., together “we” or “us”) (collectively, the “Services”).
Please read the Terms of Use carefully before you start to use the Services. By using the Services, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy found at www.rivaltech.com/legal/privacy incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Policy, you must not use or access the Services.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. Your continued use of the Services following the positing of revised Terms of Use means that you accept and agree to the changes.
Intellectual Property Rights
The Services and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by us, our licensors and other providers of such material and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary laws.
These Terms of Use permit you to use the Services for your personal, non-commercial use. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store or transmit any of the material on our Services, except that your computer may temporarily store copies of such materials which are incidental to your accessing and viewing those materials.
No right, title or interest in or to the Services, or any content on the Services are transferred to you, and all rights not expressly granted are reserved by us. Any use of the Services not expressly permitted by the Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
Prohibited Uses
You may only use the Services only for lawful purposes and in accordance with these Terms of Use.
It is impossible to provide an exhaustive list of exactly what constituted acceptable and prohibited uses of the Services. In general, we will not tolerate any use of our Services which damages or is likely to damage our reputation, the availability or integrity of the Services, or which causes us or threatens to cause us to incur any legal, tax or regulatory liability. You may not use any “deep-link”, “page-scrap”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any port of the Services.
We therefore ask you to treat our Services with respect, and not to use our Services for any illegal purposes, or in such a way as to infringe or breach other’s rights or to cause or threaten to cause us damage. We also ask you to comply with any relevant notices, policies and terms imposed by third parties whose website, products or services you access through our Services.
We reserve the right to suspend the use of our Services generally or block your access to our Services, or any portion thereof, if we suspect misuse. We shall then report any misuse of our Services to the relevant enforcement or other authorities we deem appropriate. We further reserve the right to disclose any evidence we have which relates directly or indirectly to misuse.
Reliance on Information
The information presented on or through the Services are made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any visitor to the Services, or by anyone who may be informed of any of its contents.
LINKS to other sites
The Services may contain links to other third-party websites (“Linked Services”). Such Linked Services are only provided as a convenience and RCG disclaims all liability and makes no representations or warranties about the information, materials, products r services posted, offered or that may be accessed through the Linked Services. If you use the Linked Services, you will leave our Services. If you decide to access any of the Linked Services, you do this entirely at your own risk.
Social Media Features
The Services may provide certain social media features that enable you to link to or display certain content on the Services on your own or certain third-party websites and services. You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features.
We may disable all or any social media features and any links at any time without notice at our sole discretion.
Disclaimer of Warranties
Notwithstanding any additional terms between you and RCG in respect of Services, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Services.
The Services are provided on an “as is” and “as available” basis and made without any warranties of any kind, express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose. Without limiting the foregoing, WE DO not represent or warrant that the Services will be accurate, reliable, error free or uninterrupted, that defects will be corrected, that our SERVICES or the server that makes THEM available are free of viruses or other harmful components or that the Services will otherwise meet your needs and expectations.
Limitation of Liability
Unless otherwise provided for, in no event shall WE be liable for any damages whatsoever, including without limitation any indirect, special, punitive, exemplary, incidental, or consequential damages. In no event shall WE, OUR affiliates, agents, shareholders, employees, or officers have any obligations or liabilities to you or any other person for loss of profits, for loss of business or use, or for any damages, whether based on contract, tort (including negligence), or any other theory or form of action, even if WE HAVE been advised of the possibility of such damages. No action or proceeding may be brought against US with respect to any claim or dispute arising from the use of THE SERVICES.
Indemnification
Notwithstanding any additional terms between us, you agree to defend, at your own expense, us, our affiliates, agents, shareholders, employees, or officers, successors and assigns (the “Indemnified Parties”) from and against any and all claims, suits, actions or proceedings arising out of or relating to your violation of these Terms of Use or your use of the Services (a “Claim”). You agree to indemnify and hold the Indemnified Parties harmless against any damages, losses, costs (including reasonable lawyers’ fees) or judgments awarded against such Indemnified Parties in connection with any Claim.
Governing Law
All matters relating to the Services, and these Terms of Use and any dispute or claim arising therefrom or related thereto, shall be governed by and construed in accordance with the laws of the Province of British Columbia and the laws of Canada applicable therein, without giving effect to its conflict of laws principles or rules. You agree to the courts of British Columbia (or the federal courts of Canada, as applicable) located in Vancouver having exclusive jurisdiction over you in respect of all actions arising out of these Terms of Use and your use of the Services.
Class action waiver
Where permitted under the applicable law, you agree that you may bring claims against us only in your individual capacity and not as a plaintiff or class member in any purported class or representative action. Unless we agree in writing, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. You will not have the right to pursue a claim in which a jury may decide on the merits of any claims.
Severability
If any provision of these Terms of Use are found to be contrary to law, the remainder of that provision (if any) and the remaining portion of these Terms of Use, will remain in full force and effect.
Entire Agreement
These Terms of Use, our Privacy Policy, or other applicable documentation, constitute the sole and entire agreement between us with respect to your use of the Services and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services.
Contact Information
To ask questions or comment about these Terms of Use, contact us at legal@rivalgroup.oi