Rocket Launcher Terms Of Service
Effective as of June 8, 2017
THIS IS A LEGAL AGREEMENT BETWEEN YOU ("you" or "your") AND REACHMOBI, INC. ("Company," "our," or "us"). BEFORE DOWNLOADING, ACCESSING, OR USING THE ROCKET LAUNCHER SOFTWARE OR SERVICES (collectively, the "Services"), PLEASE READ THESE ROCKET LAUNCHER TERMS OF SERVICE (the "Terms") CAREFULLY AS THEY GOVERN YOUR ACCESS TO AND USE OF THE SERVICES. COMPANY IS WILLING TO LICENSE AND ALLOW THE USE OF THE SERVICES ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS OR ANY AMENDMENT HERETO, YOU MAY NOT ACCESS OR OTHERWISE USE THE SERVICES.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN A COURT OR JURY TRIAL OR CLASS ACTION.
1. License. (a) Company provides you a personal, revocable, limited, non-exclusive, royalty-free, non-exclusive, non-assignable, non-transferable license to use the software provided to you by Company as part of the Services subject to your compliance with these Terms.
(b) You may not use, copy, store, reproduce, transmit, distribute, display, rent, lease, sell, modify, alter, license, sublicense, or commercially exploit any data provided by Company through the Services in any manner not expressly permitted by these Terms.
(c) You acknowledge and agree that the Services may change from time to time without prior notice to you. The Software which may automatically download and install updates from time to time from Company. These updates are designed to improve, enhance and further develop the Services. You agree to receive such updates as part of your use of the Services.
2. User Obligations. By downloading, accessing, or using the Services in order to view information and materials or submit information of any kind, you represent that you are at least the legal age of majority and will, at all times, provide true, accurate, current, and complete information when submitting information or materials through the Services, including, without limitation, when you provide information via a Company registration or submission form. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the Services.
4. Ads; Content. Some of the Services may be supported by advertising revenue and may display advertisements and promotions. These advertisements and promotions may be targeted to the content of information stored on the Services, queries made through the Services or other information. You agree that Company may place such advertising on the Services. The Services may include hyperlinks to other web sites or content or resources. Company may have no control over any web sites or resources which are provided by companies or persons other than Company. If you choose to access web sites, services or content, or purchase products from third parties, including without limitation through third-party payment vendors through advertisements through the Services, your personal information may be available to the third-party provider. Our policies will not apply to your activities or any information you disclose while using third-party products or services or otherwise interacting with third parties. How third parties handle and use your personal information related to their sites and services is governed by their security, privacy and other policies, if any, and not our policies.
5. Prohibited Content. By using the Services, you agree not to:
(a) use the Service for any fraudulent, harmful, harassing or abusive purpose;
(b) rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the Service;
(c) use the Service for any illegal purpose, or in violation of any local, state, national, or international law;
(d) engage in activity that infringes upon or violates the rights of others, including without limitation, removing proprietary rights notices, such as copyright and trademark notices; or
(e) engage in activity that is false or misleading.
6. Proprietary Rights. (a) You expressly acknowledge and agree that Company transfers no ownership or intellectual property interest or title in and to the Services to you or anyone else. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Services, unless otherwise indicated, are owned, controlled, and licensed by Company and its successors and assigns and are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, Company does not grant any express or implied right to you or any other person under any intellectual or proprietary rights. Accordingly, your unauthorized use of the Services may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. The Company logo, and all other names, logos, and icons identifying Company and its Services are proprietary trademarks of Company, and any use of such marks, including, without limitation, as domain names, without the express written permission of Company is strictly prohibited. Other service and entity names mentioned herein may be the trademarks and/or service marks of their respective owners.
(b) You may not (i) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Service, features that prevent or restrict use or copying of the Service, or features that enforce limitations on the use of the Service, (ii) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation, (iii) modify, adapt, translate or create derivative works based upon the Service or any part thereof, except and only to the extent foregoing restriction is expressly prohibited by applicable law; or (iv) intentionally interfere with or damage operation of the Service, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
7. Disclaimer. NOTHING IN THESE TERMS, INCLUDING SECTIONS 7 AND 8, SHALL EXCLUDE OR LIMIT COMPANY’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. YOU ASSUME THE SOLE RISK OF USING THE SERVICES. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE RESULTS THAT CAN BE ACHIEVED FROM OR THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE SERVICES FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY. COMPANY ALSO MAKES NO REPRESENTATION OR WARRANTY THAT THE SERVICES WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION OR THAT ANY DOWNLOADABLE FILES OR INFORMATION WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.
8. Limitation of Liability. You expressly absolve and release Company from any claim of harm resulting from a cause beyond Company’s control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICES, WITH THE DELAY OR INABILITY TO USE THE SERVICES, OR FOR ANY INFORMATION, SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS AVAILABLE THROUGH THE SERVICES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
9. Indemnity. You agree to defend, indemnify, and hold harmless Company and affiliates and all of their respective employees, agents, directors, officers, shareholders, attorneys, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses) relating to or arising from your use of the Services or any breach by you of these Terms.
10. Termination. Company reserves the right at any time to deny your access to the Services or to any portion thereof in order to protect its name and goodwill, its business, and/or other users of the Services, and these Terms will also terminate automatically if you fail to comply with these Terms. Company may terminate these Terms at any time. You may also terminate these Terms at any time by ceasing to use the Services.
11. Binding Arbitration and Class Action Waiver.
(a) General. In the interest of resolving disputes between you and Company in the most expedient and cost effective manner, you and Company agree that any and all disputes arising in connection with these Terms shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. You understand and agree that, by entering into these Terms, you and Company are each waiving the right to a trial by jury or to participate in a class action.
(b) Notwithstanding Subsection 11(a), we both agree that nothing herein shall be deemed to waive, preclude, or otherwise limit either of our right to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.
(c) Arbitrator. Any arbitration between you and Company will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Company.
(d) Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail (“Notice”). Company's address for Notice is: ReachMobi, Inc., Attention: Legal, 1010 N. Hancock Street, Philadelphia, PA 19123 U.S.A. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Company shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any; provided that if our dispute is finally resolved through arbitration in your favor, Company shall pay you the greater of (i) the amount awarded by the arbitrator, if any, and (ii) the greatest amount offered by Company in settlement of the dispute prior to the arbitrator's award.
(e) Fees. In the event that you commence arbitration in accordance with these Terms, Company will reimburse you for your payment of the filing fee, unless your claim is for greater than $10,000, in which case the payment of any fees shall be decided by the AAA Rules. Any arbitration hearings will take place at a location to be agreed upon in New York City, New York, provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a non-appearance based telephonic hearing, or by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse Company for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.
(f) No class actions. YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
(g) Modifications. In the event that Company makes any future change to this arbitration provision (other than a change to Company’s address for Notice), you may reject any such change by sending us written notice within 30 days of the change to Company’s address for Notice, in which case your use of the Service shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject shall survive.
(h) If only Subsection 10(f) of this Section 10 or the entirety of this Section 10 is found to be unenforceable, then the entirety of this Section 10 shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 10 shall govern any action arising out of or related to these Terms.
12. Governing Law. These Terms have been made in and will be construed and enforced solely in accordance with the laws of the State of New York, U.S.A. as applied to agreements entered into and completely performed in the State of New York. You and Company each agree to submit to exclusive subject matter jurisdiction, personal jurisdiction, and venue of the courts in the State of New York for any disputes between us under or arising out of these Terms. You also agree to waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to these Terms. Any claim you might have against Company must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred.
13. Changes to these Terms. Company reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time. Please check these Terms periodically for changes. Your continued use of the Service after the posting of changes constitutes your binding acceptance of such changes.
14. Miscellaneous. You acknowledge that any breach, threatened or actual, of these Terms may cause irreparable injury to Company, such injury may not be quantifiable in monetary damages, and Company may not have an adequate remedy at law. You therefore agree that Company shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of these Terms. Accordingly, you hereby waive any requirement that Company post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Company to enforce any provision of these terms. The parties agree that these Terms are for the benefit of the parties hereto as well as Company’s licensors. Accordingly, these Terms are personal to you, and you may not assign your rights or obligations to any other person or entity without Company’s prior written consent. Failure by Company to insist on strict performance of any of the terms and conditions of these Terms will not operate as a waiver by Company of that or any subsequent default or failure of performance. If any provision (or part thereof) contained in these Terms is determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction or on account of a conflict with an applicable government regulation, such determination shall not affect the remaining provisions (or parts thereof) contained herein and the illegal, invalid, or unenforceable clause shall be modified in compliance with applicable law in a manner that most closely matches the intent of the original language. No joint venture, partnership, employment, or agency relationship exists between you and Company as a result of these Terms or your utilization of the Services. Headings herein are for convenience only. These Terms represent the entire agreement between you and Company with respect to use of the Services, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and Company with respect to the Services. In addition to this Section, the provisions concerning proprietary rights, indemnity, disclaimers of warranty, limitation of liability, binding arbitration and class action waiver and governing law will survive the termination of these Terms for any reason. In addition to this Miscellaneous section, the provisions concerning proprietary rights, indemnity, disclaimers of warranty, limitation of liability, binding arbitration and class action waiver, governing law, and any provision which, by its nature or express terms should survive, will survive such termination or expiration.