IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, IMMEDIATELY STOP ACCESSING THE PLATFORM AND/OR THE REMTTER WEBSITE.
Remitters Intellectual Property
Remitter’s IP. You acknowledge that Remitter, and/or its licensors is the sole and exclusive owner of all intellectual property rights in the Remitter Platform. You undertake that you will not alter, tamper, decompile, disassemble, reverse engineer, modify, enhance, change or alter or modify the whole or any part of the Remitter Platform without the prior express written consent of Remitter. Neither these Terms nor your use of the Remitter Platform grants you ownership in the Remitter Platform or the content you access through Remitter (other than your Data).
You acknowledge that all intellectual property rights in all materials developed, generated or prepared using the whole or any part of the Remitter Platform will vest immediately upon creation in Remitter. You will assign to Remitter all of your rights to or interest in any intellectual property rights comprising in any developed material that incorporates any part of the Remitter Platform. These Terms do not grant you any right to use Remitter’s trademarks, business names or logos.
Copyrights and Trademarks
Except as otherwise noted, all information, documentation, and other content of the Remitter Platform or posted on its website are the property of Remitter, its affiliates, and/or its licensors. The website graphics, icons, and overall appearance are the property of Remitter. The posting of information, documentation, and other content does not constitute a waiver of any of Remitter’s, an affiliate’s, and/or a third party licensor’s proprietary rights in such information, documentation, and other content (such as, but not limited to, copyrights or trademarks) or a transfer of any such rights to you or any third party. The information, documentation, and other content posted on its website are protected by U.S. and international copyright laws, both as individual works and as collections. You may not delete , remove or deface any copyright, trade mark or other proprietary notices relevant to the Product; or similar notice from any information, documentation, and other content you obtain from the Platform or its website. You may not sell, republish, frame in another product or webpage, or use on another product or website, any of the information, documentation, and other content, or any portion thereof, posted in or available in the Platform or on its website without the prior written consent of Remitter. You may view, print, copy, and download portions of the information, documentation, and other content of the website solely in connection with your use of the website, and solely for your own individual, internal, non-commercial use or records. Remitter and its affiliates reserve the right to revoke this authorization at any time.
The REMITTER USA INCORPORATED trademark and other names of Remitter’s products, Platform, and services referenced herein are trademarks of Remitter. All other products, services, and company names mentioned herein are the trademarks of their respective owners.
License and User Conduct
Remitter grants you a limited license to use its proprietary platform. However, you may not download or modify the Platform, or any portion of its website, except with express written consent of Remitter. The Platform and website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Remitter. Any unauthorized use of the Platform or website shall automatically terminate the license granted to you by Remitter for such use.
You are required to abide by all applicable international, federal, state and local laws and regulations in your use of this Platform and website. Remitter may terminate your use of the Platform and website in Remitter’s sole discretion for any reason. If you are under eighteen (18) years of age, you may not use the Platform nor the website.
You hereby grant Remitter a non-exclusive right and license during the term of use of use to host and utilize your data, as appropriate, so as to provide access to Remitter Platform You shall not upload or otherwise provide any personally identifiable health information protected from disclosure under the Health Insurance Portability and Accountability Act of 1996. You shall not use or rely upon Remitter to replace the advice of your legal and regulatory compliance counsel. You shall notify Remitter promptly of any unauthorized access to or use of Remitter Platform which you becomes aware.
You shall not, directly or indirectly, (i) copy, recreate, decompile, reverse engineer, or otherwise obtain, modify, or use any source or object code, architecture, or algorithm contained in Remitter Platform; (ii) use Remitter Platform for any unlawful purpose; (iii) export or access or any part Remitter Platform thereof outside of the United States; (iv), sublicense, subcontract, distribute, disclose, rent, lease, or otherwise make available Remitter Platform or any part thereof, (v) modify, adapt, or use to develop Remitter Platform any software or related services for resale or (vi) not to permit any part of the Platform to be combined or incorporated with any other software.
The following is a partial list of prohibited activities on or through the Platform or website: (1) using a robot, spider, script, automated process, or manual process to “scrape” the website’s listings or content; (2) taking any action that imposes an unreasonable or disproportionately large load on Remitter’s hardware or software infrastructure; (3) sending SPAM to Remitter users, blog commentators, or others; (4) attempting to reverse engineer, decompile, disassemble or otherwise obtain the source code to the Platform or the website; (5) engaging in or promoting any illegal activities; (6) engaging in any activity that markets another business or attracts Remitter customers to a third party; (7) submitting content, including blog comments, that is offensive, obscene, harmful to minors, illegal, abusive, threatening, defamatory, or misleading, and (8) directly or indirectly, (i) copy, recreate, decompile, reverse engineer, or otherwise obtain, modify, or use any source or object code, architecture, or algorithm contained in Remitter Platform; (ii) use Remitter Platform for any unlawful purpose; (iii) export or access or any part Remitter Platform thereof outside of the United States; (iv) subcontract, distribute, disclose, rent, lease, or otherwise make available Remitter Platform or any part thereof, or (v) modify, adapt, or use to develop Remitter Platform any software or related services for resale.
Third Party Services. You will establish and maintain, at your own expense, all telecommunications equipment and access lines necessary to gain access to the Remitter Platform. You acknowledge that Remitter will not have any responsibility or liability with regard to any third-party services used by you on or through Remitter and any use of such third-party services will be at your own risk. While Remitter will use reasonable endeavors to maintain compatibility between third party services and Remitter, Remitter is not responsible for any incompatibility between third party services and Remitter.
No Third-Party Beneficiaries. These Terms are binding upon, and inures solely to the benefit of, the Parties hereto and their respective permitted successors and assigns; there are no third-party beneficiaries to these Terms.
Security Obligations. You must comply with the following requirements when using the Remitter Platform:
a. ensure there is no unauthorized access to the Remitter Platform and must not share your password, let anyone else access your account, or do anything that might jeopardize the security of your account.
b. not cause harm or damage to Remitter or our suppliers.
c. not use the Remitter Platform to upload, post, email, transmit or otherwise make available or initiate any Data that contains Platform viruses, worms, Trojan horses or any other computer code, files or programs that interrupt, destroy or limit the functionality of the Remitter Platform that may impact the ability of any Remitter user to access the Remitter Platform;
d. not commit, cause or allow any breach (or do anything which might put Remitter in breach) of any law, regulation, government direction or industry standard or code.
e. not use the Remitter Platform to breach a person’s rights (including committing defamation or infringing a person’s intellectual property rights).
f. not attempt to or actually access the Remitter Platform by any means other than through the portals or interfaces provided by Remitter.
g. not attempt to or actually override any security component included in or underlying the Remitter Platform.
h. not attempt or engage in any action that directly or indirectly interferes with the proper working of or place an unreasonable load on the infrastructure of the Remitter Platform; and
i. notify Remitter immediately of any unauthorized access, security breach (suspected or otherwise) of the Remitter Platform, or loss or misuse of confidential password or login.
Unauthorized Access to the Remitter Platform. You indemnify and keep Remitter indemnified against any loss or damage (except where and to the extent that such loss or damage is consequential in nature) which Remitter suffers as a result of any unauthorized access to the Remitter Platform or Remitter’s network or those of Remitter’s suppliers.
Confidentiality Obligation. You must: (i) hold in confidence and not disclose our Confidential Information to third parties except as permitted by this Agreement; and (ii) only use our Confidential Information to fulfill obligations and exercise its rights under this Agreement.
Limitation. Remitter will not be responsible or liable for any failure in the Remitter Platform resulting from or attributable to:
a. your internet access, network, telecommunications or other service or equipment.
b. your, or third parties’ products, services, negligence, acts or omissions.
c. scheduled maintenance; or
d. unauthorized access by third parties.
Suspension, Cancellation, and Termination of Use
Suspension or Cancellation. You agree that Remitter may cancel your Remitter account or suspend access to your account at any time. Remitter will notify you of such cancellation or suspension of your account by email to the email address you provide when you register with the Remitter Platform.
Termination. In the event that you materially defaults in the performance of any of your respective duties or obligations under these Terms and do not substantially cure such default, or commence a cure, within 30 days after being given written notice specifying the default, Remitter may, by giving written notice to the defaulting party, terminate this Agreement. Remitter may, by written notice to you, terminate your rights to use the Remitter Platform without liability to you. Any such suspension or termination of access to the Remitter Platform does not relieve you of these Terms.
Effects of Cancellation and Suspension. Upon cancellation of your account all access to the Remitter Platform will cease immediately as your account will be disabled.
Warranty. You represent, warrant and covenant to Remitter that:
a. your Data or its use will not violate, misappropriate or infringe any intellectual property rights or any other persona, privacy or moral right arising under the laws of any jurisdiction of any person or entity, nor will same constitute a libel or defamation or any person or entity;
b. your Data will not contain any harmful components, including, but not limited to, viruses, hidden sequences, hot keys or time bombs; and
c. you will comply with all applicable laws, rules and regulations (including, but not limited to, export control, decency, privacy and intellectual property laws in your use of the Remitter Platform).
DISCLAIMER OF WARRANTIES. TO THE EXTENT PERMITTED AT LAW, REMITTER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE REMITTER PLATFORM (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT). REMITTER MAKES NO WARRANTY THAT THE REMITTER PLATFORM WILL MEET YOUR REQUIREMENTS, OR THAT PERFORMANCE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE REMITTER PLATFORM IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING THEREFROM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM APOEN OR THROUGH REMITTER WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ACKNOWLEDGE THAT YOU HAVE NOT RELIED ON ANY REPRESENTATION, WARRANTY, OR STATEMENT MADE, EXCEPT AS SET FORTH HEREIN.
You agree to defend, indemnify and hold harmless Remitter, its employees and parent corporation from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
a. your breach of any of these Terms.
b. your breach of any third party right, including without limitation any intellectual property right or privacy right; or
c. any claim arising as a consequence of your Data.
Limitation of Liability
Exclusion of Liability. Neither Remitter, nor its affiliates, or licensors will be liable to you, or your affiliates, (whether in common law, equity, contract, tort (including negligence), breach of statutory obligation or duty, for repudiation, anticipatory breach or otherwise) for:
a. any special, exemplary or punitive damages.
b. loss of Data, loss of profit (except for our loss of profit as a direct loss), loss of revenue, lost opportunity, loss of anticipated savings, loss of goodwill, work stoppage or business interruption, computer failure or malfunction, economic loss, cost of management time or the cost of any third parties engaged to provide services in place of the Remitter Platform; or
c. any indirect or consequential loss, regardless whether such party has been made aware of the likelihood of such losses.
Jurisdiction and Arbitration
These Terms shall be governed and construed in accordance with the laws of the State of Delaware without giving effect to principles of conflict of laws. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms. Any controversy or claim between or among the parties relating to this Agreement shall be determined by arbitration in accordance with the Commercial Dispute Resolution Rules of American Arbitration Association (“AAA”) and before a single arbitrator selected according to AAA rules. Any such arbitration hearing shall be held in Delaware unless the parties mutually agree otherwise, and the cost of the arbitration shall be shared equally by the Parties. An arbitration award shall be final and binding on the Parties.
You understand that Remitter will revise these Terms from time to time. Accordingly, you should check this page periodically for changes. If you no longer agree with the Terms after any such modification, you may opt-out of the Site by halting your access to the Site.
Where required, Remitter may give notice to you by a general posting on theses Terms or its website, by electronic mail, or by conventional mail to your address of record, if one exists. You may give notice to Remitter by electronic mail or by conventional mail to the address below. If you have any questions about these Terms, the practices of the Site, or your dealings with Remitter, please write to Remitter at the address below or use the Contact page linked below:
Remitter USA Incorporated
1805 N. Scottsdale Rd., Ste. 100
Tempe, AZ 85281
by email email@example.com