These Terms of Service (Terms) apply to your access to and use of the
websites and other online products and services (collectively, the Services) provided by
Risetcar
LLC (
Risetcar
or we), located at 7 Lincoln St, Boston, MA 02111. By using our Services, you agree
to these Terms. If you do not agree to these Terms, do not use our Services. We may supply different or
additional terms in relation to some of our Services, and those different or additional terms become part of
your agreement with us if you use those Services. If there is a conflict between these Terms and the
additional terms, the additional terms will control for that conflict. We may make changes to these Terms
from time to time. If we make changes, we will provide you with notice of such changes, such as by sending
an email, providing a notice through our Services, or updating the date at the top of these Terms. Unless we
say otherwise in our notice, the amended Terms will be effective immediately and your continued use of our
Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to
the amended Terms, you must stop using our Services.For information about how we collect, use and share
information about you, please see our
Privacy Policy. If you have any questions about these Terms or our Services, please
contact us at service@risetcar.com. You and
Risetcar
agree as follows:
You must be at least 18 years of age to use our Services. If you are
under 18 years of age (or the age of legal majority where you live), you may only use our Services under the
supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal
guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for
the acts or omissions of such user in relation to our Services. If you use our Services on behalf of another
person or entity, (a) all references to you throughout these Terms will include that person or entity, (b)
you represent that you are authorized to accept these Terms on that person or entitys behalf, and (c) in the
event you or the person or entity violates these Terms, the person or entity agrees to be responsible to
us.
Our Services may allow you and other users to create, post, store and
share content, including messages, text, photos, videos, software and other materials (collectively, "User
Content"). Except for the license you grant below, you retain all rights in and to your User Content, as
between you and
Risetcar
. You grant
Risetcar
and its subsidiaries a perpetual, irrevocable, nonexclusive,
royalty-free, worldwide, fully-paid, and sub-licensable license to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute, publicly perform and display your User Content and any
name, username or likeness provided in connection with your User Content in all media formats and channels now
known or later developed without compensation to you. When you post or otherwise share User Content on or
through our Services, you understand that your User Content and any associated information (such as your
username or profile photo) may be visible to the public.You may not create, post, store or share any User
Content that violates these Terms or for which you do not have all the rights necessary to grant us the
license described above. You represent and warrant that your User Content, and our use of such content as
permitted by these Terms, will not violate any rights of or cause injury to any person or entity. Although we
have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time
and for any reason with or without notice.
You will not violate any applicable law, contract, intellectual
property or other third-party right or commit a tort, and you are solely responsible for your conduct while
using our Services. You will not:
Engage in any harassing, threatening, intimidating, predatory or
stalking conduct;
Impersonate or post on behalf or any person or entity or otherwise
misrepresent your affiliation with a person or entity;
Sell, resell, or commercially use our Services;
Copy, reproduce, distribute, publicly perform or publicly display all
or portions of our Services, except as expressly permitted by us or our licensors;
Modify our Services, remove any proprietary rights notices or markings,
or otherwise make any derivative works based upon our Services;
Use our Services other than for their intended purpose and in any
manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our
Services or that could damage, disable, overburden or impair the functioning of our Services in any
manner;
Reverse engineer any aspect of our Services or do anything that might
discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our
Services;
Attempt to circumvent any content-filtering techniques we employ or
attempt to access any feature or area of our Services that you are not authorized to access;
Use any data mining, robots, or similar data gathering or extraction
methods designed to scrape or extract data from our Services;
Develop or use any applications that interact with our Services without
our prior written consent;
Send, distribute, or post spam, unsolicited or bulk commercial
electronic communications, chain letters, or pyramid schemes;
Bypass or ignore instructions contained in our robots.txt file;
or
Use our Services for any illegal or unauthorized purpose, or engage in,
encourage or promote any activity that violates these Terms.
You may also only post or otherwise share User Content that is
non-confidential and you have all necessary rights to disclose. You may not create, post, store or share any
User Content that:
Is unlawful, libelous, defamatory, obscene, pornographic, indecent,
lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or
fraudulent;
Would constitute, encourage, or provide instructions for a criminal
offense, violate the rights of any party, or otherwise create liability or violate any local, state, national,
or international law;
May infringe any patent, trademark, trade secret, copyright, or other
intellectual or proprietary right of any party;
Contains or depicts any statements, remarks, or claims that do not
reflect your honest views and experiences;
Impersonates, or misrepresents your affiliation with, any person or
entity;
Contains any unsolicited promotions, political campaigning,
advertising, or solicitations;
Contains any private or personal information of a third party without
such third partys consent;
Contains any viruses, corrupted data or other harmful, disruptive or
destructive files or content; or
Is, in our sole judgment, objectionable or that restricts or inhibits
any other person from using or enjoying our Services, or that may expose
Risetcar
or others to any harm or liability of any type.
The Services, including the text, graphics, images, photographs,
videos, illustrations and other content contained therein, are owned by
Risetcar
or our licensors, users, or other third parties and are protected
under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to
the Services are reserved by us or our licensors. Any use of the Services other than as specifically
authorized herein, without our prior written permission, is strictly prohibited, will terminate the license
granted herein.
Risetcar
and our other marks, logos, product or service names, slogans and
the look and feel of the Services are trademarks of
Risetcar
and may not be copied, imitated, or used, in whole or in part,
without our prior written permission. Other trademarks, registered trademarks, product names and company names
or logos mentioned on the Services are the property of their respective owners. Reference to any products,
services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does
not constitute or imply endorsement, sponsorship, or recommendation by us.
Any questions, comments, suggestions, ideas, works, or other
information about
Risetcar
or our products or services that you post, submit, or otherwise
communicate to us (collectively, Feedback), is non-confidential and will become the sole property of
Risetcar
. You hereby assign to
Risetcar
all right, title and interest in and to Feedback, including,
without limitation, all intellectual property rights, in and to Feedback and
Risetcar
will be entitled to the unrestricted use and dissemination of
Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
In accordance with the Digital Millennium Copyright Act (DMCA) and
other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of
users who repeatedly infringe the intellectual property rights of others. If you believe that anything on our
Services infringes any copyright that you own or control, you may notify
Risetcar
s Designated Agent as follows:
Designated Agent: Copyright Manager
Address: 7 Lincoln St, Boston, MA
02111
Telephone Number: 650-669-73
77
E-Mail Address: service@risetcar.com
Please see 17 U.S.C. 512(c)(3) for the requirements of a proper notification. Also, please note
that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be
liable to
Risetcar
and others for certain costs and damages.
We may provide information about third-party products, services,
activities or events, or we may allow third parties to make their content and information available on or
through the Services (collectively, Third-Party Content). We provide Third-Party Content as a service to
those interested in such content. Your dealings or correspondence with third parties and your use of or
interaction with any Third-Party Content are solely between you and the third party.
Risetcar
does not control or endorse, and makes no representations or
warranties regarding, any Third-Party Content and your access to and use of such Third-Party Content is at
your own risk.
To the fullest extent permitted by applicable law, you will indemnify,
defend, and hold harmless
Risetcar
and its affiliates, and each of their respective officers,
directors, agents, partners and employees (individually and collectively, the
Risetcar
Parties) from and against any loss, liability, claim, demand,
damages, expenses or costs ("Claims") arising out of or related to (a) your access to or use of our Services;
(b) your User Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or
infringement of any rights of another (including intellectual property rights or privacy rights); and (e) your
conduct in connection with our Services. You agree to promptly notify
Risetcar
Parties of any third-party Claims, cooperate with
Risetcar
Parties in defending such Claims and pay all fees, costs and
expenses associated with defending such Claims (including, but not limited to, attorneys' fees). You also
agree that the
Risetcar
Parties will have control of the defense or settlement, at
Risetcar
's sole option, of any third-party Claims. This indemnity is in
addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and
Risetcar
or the other
Risetcar
Parties.
Your use of our Services is at your sole risk. Except as otherwise
provided in a writing by us, our Services are provided as is and as available without warranties of any
kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness
for a particular purpose, title, and non-infringement. In addition,
Risetcar
does not represent or warrant that our Services are accurate,
complete, reliable, current, or error-free. While
Risetcar
attempts to make your use of our Services safe, we cannot and do
not represent or warrant that our Services or servers are free of viruses or other harmful components. You
assume the entire risk as to the quality and performance of the Services.
To the fullest extent permitted by applicable law,
Risetcar
and the other
Risetcar
Parties will not be liable to you under any theory of
liabilitywhether based in contract, tort, negligence, strict liability, warranty, or otherwisefor any
indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if
Risetcar
or the other
Risetcar
Parties have been advised of the possibility of such damages.The
total liability of
Risetcar
and the other
Risetcar
Parties, for any claim arising out of or relating to these Terms
or our Services, regardless of the form of the action, is limited to the amount paid, if any, by you to use
our Services.The limitations set forth in this section will not limit or exclude liability for the gross
negligence, fraud, or intentional misconduct of
Risetcar
or the other
Risetcar
Parties or for any other matters in which liability cannot be
excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or
limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to
you.
To the fullest extent permitted by applicable law, you release
Risetcar
and the other
Risetcar
Parties from responsibility, liability, claims, demands, and/or
damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to,
claims of negligence), arising out of or related to disputes between users and the acts or omissions of third
parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil
Code 1542, which says A general release does not extend to claims which the creditor does not know or
suspect to exist in his or her favor at the time of executing the release, which if known by him or her must
have materially affected his or her settlement with the debtor.
By using our Services, you consent to the processing, transfer and
storage of information about you in and to the United States and other countries, where you may not have the
same rights and protections as you do under local law.
Any dispute arising from these Terms and your use of our Services will
be governed by and construed and enforced in accordance with the laws of California, without regard to
conflict of law rules or principles (whether of California or any other jurisdiction) that would cause the
application of the laws of any other jurisdiction. Any dispute between the parties will be resolved in the
state or federal courts of California and the United States, respectively, sitting in Santa Clara County,
CA.
We reserve the right to modify our Services or to suspend or stop
providing all or portions of our Services at any time. You also have the right to stop using our Services at
any time. We are not responsible for any loss or harm related to your inability to access or use our
Services.
If any provision or part of a provision of these Terms is unlawful,
void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does
not affect the validity and enforceability of any remaining provisions.
The failure of
Risetcar
to exercise or enforce any right or provision of these Terms will
not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only
and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely
for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other
person or entity. You agree that communications and transactions between us may be conducted
electronically.