AGREEMENT BETWEEN USER AND THE REVOLUTION MO LLC
“The Revolution Web Site” is comprised of various Web pages operated by The Revolution. The “The Revolution Web Site” is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Revolution Web Site constitutes your agreement to all such terms, conditions, and notices.
The Revolution reserves the right to change the terms, conditions, and notices under which the “The Revolution Web Site” is offered, including but not limited to the charges associated with the use of the “The Revolution Web Site”.
LINKS TO THIRD PARTY SITES
The “The Revolution Web Site” may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of The Revolution and The Revolution is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Revolution is not responsible for webcasting or any other form of transmission received from any Linked Site. The Revolution is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by The Revolution of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the “The Revolution Web Site”, you warrant to The Revolution that you will not use the “The Revolution Web Site” for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the “The Revolution Web Site” in any manner which could damage, disable, overburden, or impair the “The Revolution Web Site” or interfere with any other party’s use and enjoyment of the “The Revolution Web Site”. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the “The Revolution Web Sites”.
USE OF COMMUNICATION SERVICES
The “The Revolution Web Site” may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
The Revolution has no obligation to monitor the Communication Services. However, The Revolution reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. The Revolution reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
The Revolution reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in The Revolution’s sole discretion.
Always use caution when giving out any personally identifying information about yourself in any Communication Service. The Revolution does not control or endorse the content, messages or information found in any Communication Service and, therefore, The Revolution specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.
MATERIALS POSTED ON ANY “Revolution” WEB SITE
Materials uploaded to any Revolution hosted web site may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations and The Revolution reserves the right to terminate your access with no prior notice to the site should this be violated.
The Revolution claims ownership of the material on the Revolution web site and thus your use of same is governed by the terms and conditions of your affiliation as an Agent with them. The Revolution is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in The Revolution’s sole discretion. By posting, uploading, inputting, providing or submitting any ancillary information you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH “THE REVOLUTION WEB SITE” MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE REVOLUTION AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE “THE REVOLUTION WEB SITE” AT ANY TIME. THE REVOLUTION AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON “THE REVOLUTION WEB SITE” FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE REVOLUTION AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE REVOLUTION OR ITS OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES OR COUNSEL AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE “THE REVOLUTION WEB SITE”, WITH THE DELAY OR INABILITY TO USE THE “THE REVOLUTION WEB SITE” OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO
SERVICE CONTACT: ___________________
The Revolution reserves the right, in its sole discretion, to terminate your access to the “The Revolution Web Site” and the related services or any portion thereof at any time, without notice. Use of the “The Revolution Web Site” is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and The Revolution as a result of this agreement or use of “The Revolution Web Site”. The Revolution’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of The Revolution’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of “The Revolution Web Site” or information provided to or gathered by The Revolution with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and The Revolution with respect to “The Revolution Web Site” and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and The Revolution with respect to the “The Revolution Web Site”. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form.