RESET JOURNALISM INC. – TERMS OF SERVICE
Effective as of May 1, 2014
Welcome to Reset.me (the “Site”), a website owned and operated by Reset Journalism, Inc., a Delaware Company (“RESET.ME”, “we”, “us”, or “our”). These Terms of Service (the “Terms”) set forth the legally binding terms and conditions for all use of the Site and to all users, registered or otherwise, of the Service (collectively, “visitors”, “users”, or “you”).
Please read these terms carefully before using the Site. Your use of the Site constitutes your agreement to the Terms set forth herein. If you do not agree with any or all of the provisions of the Terms, you are not authorized to use the Site.
Acceptance of Terms:
We may amend, update or change these Terms from time to time. If we make changes to the Terms, we will post the revised Terms here. If we make material changes to the Terms, we will notify you by an e-mail sent to the address specified in your Account (defined below) and/or by means of a notice on the Site and/or Application once the change has become effective. You are encouraged to review the Terms from time to time in the event changes have been made.
“Collective Content” means Member Content, Third Party Content and RESET.ME Content.
“Content” means text, graphics, images, music, software, audio, video, information, or other materials.
“User” means a user who completes the RESET.ME Account (defined below) registration process.
“User Content” means any and all Content that a Member posts, uploads, publishes, submits, transmits, or otherwise makes available to the Site.
“RESET.ME Content” means all Content that RESET.ME makes available through the Site, including any Content licensed from third parties, but excluding Member Content.
You may browse the Site without an account, but to interact with other users, you must register for an account (the “Account”). When you register for an Account, you represent, warrant and covenant that: (a) all required registration information (including, but not limited to your name (the “User Name”), electronic mail address, and a password) that you submit is accurate, truthful, and complete; (b) you will maintain the accuracy of such information; (c) your use of the Account does not violate any applicable laws. You are responsible for maintaining the confidentiality of your Account information, and you agree that you are solely responsible for all activities that occur under your Account and for any breach of your obligations under these Terms. You agree to immediately notify RESET.ME of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the requirements of these Terms.
You agree not to: (i) provide any false personal information to us or create any Account for anyone other than yourself without such person’s permission; (ii) use a User Name that is the name of another person with the intent to impersonate that person; (iii) use a User Name or Account that is subject to any rights of a person other than you without appropriate authorization; or (iv) use a User Name that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful. We reserve the right to reclaim any User Name created by a user of the Service on behalf of businesses or individuals that hold legal claim or trademark on that username.
You represent and warrant that if you are an individual, you are of legal age to form a binding contract, or that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms and register for an Account. An Account is not available to individuals who are younger than 13 years old. By accessing the Account, you represent and warrant that you are 18 or older or, if younger than 18, are at least 13 or older and have a parent’s or guardian’s permissions to access or use the Site or Account.
We may, in our sole discretion, refuse to offer the Site to any person or entity and change eligibility criteria of the Account at any time. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules and regulations applicable to you, and your right to access the Service is revoked where these Terms, or use of the Site, is prohibited and, in such circumstances, you agree not to use or access the Service in any way.
You hereby consent to the use of electronic means to deliver any notices or other communications permitted or required by these Terms, or permitted or required by your use of the Site. You hereby consent to the use of electronic records to store information and data related to these Terms and your use of the Site.. Any notices or other communications permitted or required hereunder, including those regarding updates, amendments or modifications to these Terms, will be in writing and given by RESET.ME via email to the address in your Account, or posted to the Site.
As part of providing you the Site, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of your Account, which you may not be able to opt-out of receiving.
Site Content includes “RESET.ME Content”, “User Content”, and “Third Party Content”.
Reset claims no ownership interest in any Third Party Materials and expressly disclaims any liability concerning those materials.
You agree that you are solely responsible for all text, data, graphics, images, photos, video or audiovisual content, hypertext links and any other content that you, as a Site user, provide directly to us via the Site (the “User Content”). When you submit User Content to the Site, you grant RESET.ME a worldwide, perpetual, royalty-free, non-exclusive, transferable, license, with the right to sublicense, to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display, distribute, and otherwise exploit (collectively, “Use”) such User Content on, through, or by means of the Site. This license remains in effect even if you stop using our Site. RESET.ME does not claim any ownership rights in any such User Content and nothing in these Terms will be deemed to restrict any rights that you may have to Use any such User Content. Any Use or reliance on any User Content or materials posted via the Site or obtained by you through the Site is at your own risk. User Content on the Site does not represent the advice, views, opinions or beliefs of RESET.ME.
The Site may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow you to post, submit, publish, display or transmit to other users (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Site.
All User Contributions must comply with the Content Standards set out in these Terms.
Any User Contribution you post to the Site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose.
You represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant the Company and its affiliates the license granted above.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
Any content and/or opinions uploaded, expressed or submitted to the Site, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity submitting them and do not necessarily reflect the opinion of the Company. We are not responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Site.
Monitoring and Enforcement; Termination:
We have the right to:
- Remove or refuse to post any User Contributions for any reason in our sole discretion.
- Disclose your identity to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.
However, we can neither review all material before it is posted on the Site nor ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third parties. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.
These content standards apply to any and all User Contributions and Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Promote any illegal activity, or advocate, promote or assist any unlawful act, particularly the facilitation of and/or the sale of illegal substances or drugs.
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any other person.
- Be likely to deceive any person.Be used to impersonate any person, or to misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities and/or sales without our prior written consent, such as contests, sweepstakes and other sales promotions, barter, advertising or pyramid schemes.
- Give the impression that they emanate from us, if this is not the case.
Third-Party Information and Services
The Site may contain links to third-party services, websites, resources, content or information (the “Third Party Materials”). You acknowledge and agree that RESET.ME is not responsible or liable for: (i) the availability or accuracy of such Third Party Materials; or (ii) the content, products, or services on or available through such Third Party Materials. Your ability to access such Third Party Materials does not imply any endorsement by RESET.ME of such Third Party Materials. You acknowledge sole responsibility for and assume all risk arising from or in connection with your use of or reliance on any such Third Party Materials on or available from such websites or resources.
You are solely responsible for your use of the Site on your computer and mobile devices, including, without limitation, compliance with these Terms and any applicable third party terms, and payment of any applicable third party fees. Without limiting the foregoing, you are solely responsible for the payment of all applicable fees associated with any Carrier service plan you use in connection with your use of the Site (such as voice, data, SMS, MMS, roaming, other applicable fees charged by the Carrier). Accordingly, you should use care in selecting a service plan offered by your Carrier.
Software in the Site and Application
In some instances, when the Site requires or includes downloadable software, this software may update automatically on your computer or mobile device once a new version or feature is available. The software, and accompanying materials and documentation, made available to you through the Service (collectively, the “Software”) is licensed, not sold, to you. Subject to your complete and ongoing compliance with these Terms and all applicable laws, RESET.ME hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license (i) to use the Software in accordance with the accompanying documentation solely for purposes of internal testing and evaluation, and (ii) to copy the Software for archival or backup purposes, provided that all titles and trademarks, copyright, and restricted rights notices are reproduced on such copies. The sole purpose of this license is to enable you to use the Service as we have provided it to you and in the manner permitted by these Terms and all applicable laws. You may not copy, modify, distribute, sell, or lease any part of our Service or accompanying software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
Except as otherwise specifically permitted in this Agreement, you may not: (a) modify or create any derivative works of any Software or accompanying documentation, including translation or localization; (code written to published APIs (application programming interfaces) for the Software shall not be deemed derivative works); (b) copy the Software except as provided in this Agreement or elsewhere by RESET.ME; (c) separate Software, which is licensed as a single product, into its component parts. (d) sublicense or permit simultaneous use of the Software by more than one user; (e) reverse engineer, decompile, or disassemble or otherwise attempt to derive the source code for the Software or any portion of the Service (except to the extent applicable laws specifically prohibit such restriction); (f) redistribute, encumber, sell, rent, lease, sublicense, use the Software in a timesharing or service bureau arrangement, or otherwise transfer the Software under any circumstances; (g) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in any portion of the Service; (h) publish any results of benchmark tests run on any Software to a third party without RESET.ME’s prior written consent; or (i) use any Software on a system with more CPUs than the number licensed, by more users than have been licensed, on more computers or computing devices than the number licensed, or by more developers than the number licensed, as applicable.
Medical Advise Disclaimer
This site is not designed to and does not provide medical advice, professional diagnosis, opinion, treatment or services to you or to any other individual. RESET.ME provides the Site and the services, information, content and/or data, contained therein for informational purposes only. The information provided in this site, or through linkages to other sites, is not a substitute for medical or professional care, and you should not use the information in place of a visit, call consultation or the advice of your physician or other healthcare provider. RESET.ME is not liable or responsible for any advice, course of treatment, diagnosis or any other information, services or product you obtain through this site.
Using, accessing and/or browsing the Site and/or providing personal or medical information to RESET.ME does not create a physician-patient relationship between you and RESET.ME. Nothing contained in the Site is intended to create a physician-patient relationship, to replace the services of a licensed, trained physician or health professional or to be a substitute for medical advice of a physician or trained health professional licensed in your state. You should not rely on anything contained in the Site, and you should consult a physician licensed in your state in all matters relating to your health. You hereby agree that you shall not make any health or medical related decision based in whole or in part on anything contained in the Site.
THE SITE IS IN BETA VERSION. ACCORDINGLY, THE SITE IS BELIEVED TO CONTAIN DEFECTS, AND A PRIMARY PURPOSE OF THIS AGREEMENT IS TO OBTAIN FEEDBACK ON PERFORMANCE AND IDENTIFY ANY SUCH DEFECTS. LICENSEE IS ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION AND TO NOT RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE SITE. RESET.ME IS UNDER NO OBLIGATION TO PROVIDE TECHNICAL SUPPORT UNDER THESE TERMS.
Provision of any Site component under these Terms is experimental and shall not create any obligation for RESET.ME to continue to develop, productize, support, repair, offer for sale or in any other way continue to provide or develop Software either to you or to any other party.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site (“Feedback”). You may submit Feedback by emailing us at firstname.lastname@example.org. You acknowledge and agree that all Feedback will be the sole and exclusive property of RESET.ME and you hereby irrevocably assign to RESET.ME and agree to irrevocably assign to RESET.ME all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. You warrant that your Feedback is not subject to any license terms that would purport to require RESET.ME to comply with any additional obligations with respect to any portion of the Service that incorporates any Feedback. At RESET.ME’s request and expense, you will execute documents and take such further acts as RESET.ME may reasonably request to assist RESET.ME to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
Intellectual Property Infringement Notification Process
We respect the intellectual property (IP) rights of others, and we expect users of our Site to do the same. We will respond to notices of alleged IP infringement that comply with applicable law. For example, we respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.
If you believe that your User Contenthas been copied in a way that constitutes copyright, trademark, and/or patent infringement, please provide us with the following information: (i) a physical or electronic signature of the IP owner or a person authorized to act on their behalf; (ii) identification of the protected work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (such as the username); (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the IP’s owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the IP owner.
We reserve the right to remove User Contentalleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, we will also terminate a user’s Account. Our designated agent for notices of alleged IP infringement appearing on the Site or the Service is:
RESET JOURNALISM, INC
2633 Lincoln Blvd, #516
Santa Monica, CA 90405)
Proprietary Rights Notices:
RESET.ME proprietary content includes, but is not limited to, copyrights, trademarks, service marks, logos, trade names, and any other proprietary designations of RESET.ME made available through the Service (“Proprietary Content”), excluding Third Party Materials and User Content. All trademarks, service marks, logos, trade names, and any other proprietary designations of RESET.ME used herein are trademarks or registered trademarks of RESET.ME.Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
The Site contains Proprietary Content specifically provided by RESET.ME or our partners and such Proprietary Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Proprietary Content accessed through the Site. You shall not sell, license, rent, or otherwise use or exploit any Proprietary Content for commercial (whether or not for profit) use or in any way that violates any third party right. You shall not acquire any right, title or interest to any Proprietary Content, whether by implication, estoppel, or otherwise, except for the limited rights set forth in this Agreement.
Rules and Conduct:
As a condition of use, you promise not to use the Site for any purpose that is prohibited by these Terms. You are responsible for all of your activity in connection with the Site. Additionally, you shall abide by all applicable local, state, national and international laws and regulations and, if you represent a business, any advertising, marketing, privacy, or other self-regulatory code(s) applicable to your industry.
By way of example, and not as a limitation, you shall not (and shall not permit any third party) to either take any action or to upload, download, post, submit or otherwise distribute or facilitate distribution of any Proprietary Content, User Content, or Third Party Materials (collectively, “Content”)on or through the Service that:
- use the Site, or its forums, to sell, promote, or facilitate, the sale of illegal substances;
- infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
- you know is false, misleading, untruthful or inaccurate;
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, promotes bigotry, discrimination or violence, or is otherwise inappropriate as determined by us in our sole discretion;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
- contains software viruses or any other computer codes, files, worms, logic bombs or programs that are designed or intended to disrupt, disable, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or any third party;
- impersonates any person or entity, including any employee or representative of ours;
- includes anyone’s identification documents or sensitive financial information; or
You shall not (directly or indirectly):
- take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or its third party providers’) infrastructure;
- interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site;
- bypass any measures we may use to prevent or restrict access to the Site (or other accounts, computer systems or networks connected to the Site);
- run any form of auto-responder or “spam” on the Site;
- use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site;
- harvest or scrape any Content from the Site;
- modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, repurpose, sell, trade, or in any way exploit the Service Proprietary Content or Third Party Materials (other than your User Content), except as expressly authorized by us;
- decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service (including without limitation any application or widget), except to the limited extent applicable laws specifically prohibit such restriction;
- copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;
- otherwise take any action in violation of our guidelines and policies.
RESET.ME relies on, in part, User Content and Third Party Materials. We do not guarantee that any User Content will be made available through the Site. We have no obligation to monitor, nor make any claim of accuracy with regards to the Site or any Content provided therein. RESET.ME reserves the right to (i) remove, suspend, edit or modify any site or service content or materials in its sole discretion, including without limitation any User Content at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content or if RESET.ME is concerned that you may have violated these Terms), or for no reason at all and (ii) to remove, suspend or block any User Content from the Site. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of RESET.ME, its users and the public.
Term and Termination:
These Terms commence on the date these Terms are accepted through the Site, and will remain in full force and effect while you use the Site, unless earlier terminated in accordance with these Terms. Each party may terminate these Terms for any reason or no reason by providing the other party advance written notice thereof. Notwithstanding the forgoing, if you used the Site prior to the date you accepted these Terms, you hereby acknowledge and agree that these Terms commence on the date you first use the Site (whichever is earlier and which may be prior to the Terms version date) and will remain in full force and effect while you use the Site, unless earlier in accordance with these Terms.
You agree to defend, indemnify, and hold harmless RESET.ME, its related companies, subsidiaries, directors, employees, shareholders, affiliates, agents, representatives, third-party information and service providers, suppliers or licensors (collectively, “RESET.ME Parties”) from all losses, costs, actions, claims, damages, expenses (including reasonable legal costs) or liabilities, that arise in connection with or arising out of your use or misuse of the Site, and your violation of these Terms, any applicable law or regulation, or the rights of any third parties related to the use of the Site. RESET.ME reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify RESET.ME, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of RESET.ME. RESET.ME will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Disclaimer of Warranties:
YOU EXPRESSLY AGREE THAT USE OF THE SITE, and the internet is entirely at Your own risk. the service and any SOFTWARE OR content provided therein are provided “AS IS”, “AS AVAILABLE” AND ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, TO THE EXTENT PERMISSIBLE BY LAW.
RESET.ME, AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SITE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) THE SITE AND SOFTWARE WILL BE ERROR FREE; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) THE RESULTS OF USING THE SITE OR SOFTWARE WILL MEET YOUR REQUIREMENTS. YOU ASSUME RESPONSIBILITY FOR SELECTING THE SITE AND SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS. YOUR USE OF THE SITE, SOFTWARE AND CONTENTIS SOLELY AT YOUR OWN RISK. SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Other than to the extent required by law, RESET.ME has no special relationship with or fiduciary duty to you. You expressly understand and agree that your use of the Site is at your sole risk and acknowledge that RESET.ME has no control over, and no duty to take any action regarding: which users gain access to the Site; what Content you access via the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.
Limitation of Liability:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL LIABILITY OF RESET.ME, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HOWSOEVER ARISING FOR ANY LOSS SUFFERED AS A RESULT OF YOUR USE THE SITE OR CONTENTIS EXPRESSLY EXCLUDED, SAVE THAT, IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT LIABILITY OF RESET.ME, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS (AS APPLICABLE) HAS ARISEN, THE TOTAL OF SUCH LIABILITY SHALL BE LIMITED TO THE LESSER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO RESET.ME IN CONNECTION WITH THE SERVICE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE OR LIABILITY OR (ii) IN AGGREGATE TO ONE HUNDRED US DOLLARS ($100.00).
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RESET.ME, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY OR OTHERWISE (AND WHETHER OR NOT RESET.ME, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HAD PRIOR KNOWLEDGE OF THE CIRCUMSTANCES GIVING RISE TO SUCH LOSS OR DAMAGE) WITH RESPECT TO THE SITE AND CONTENT FOR: INDIRECT OR CONSEQUENTIAL LOSSES OR DAMAGES; SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOSS OF ACTUAL OR ANTICIPATED PROFITS; LOSS OF REVENUE; LOSS OF GOODWILL; LOSS OF DATA; LOSS OF ANTICIPATED SAVINGS; WASTED EXPENDITURE; OR COST OF PROCUREMENT OF SUBSTITUE GOODS OR SERVICES.
NOTHING IN THESE TERMS OF SERVICE SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE TERMS OF SERVICE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, RESET.ME’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
United States Government Restricted Rights
The Software is provided with Restricted Rights. Use, duplication, or disclosure by the government is subject to restrictions as set forth in subparagraph (c)(f)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c) (1) and (2) of the Commercial Computer Software-Restricted Rights at 48 C.F.R. S:52.227-19, as applicable.
Governing Law and Choice of Forum:
You and RESET.ME agree that any cause of action arising out of or related to these Terms or the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
These Terms and any action related thereto will be governed by the laws of the State of New York without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in New York County, New York, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. If you are accepting these Terms on behalf of a United States federal government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you but instead these Terms and any action related thereto will be will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of New York (excluding choice of law).
Export Control and Restricted Countries:
You acknowledge that the Software is of U.S. origin. You agree to comply with all applicable international and national laws that apply to the Software, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by the U.S. and other governments. You may not use, export, re-export, import, or transfer the Software or Application except as authorized by United States law, the laws of the jurisdiction in which you obtained the Application, and any other applicable laws. In particular, but without limitation, the Application may not be exported or re-exported: (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Site, Application, Software or Service, you represent and warrant that (i) neither you nor your listed Residence is located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Site, Application, Software or Service for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons.
Integration and Severability:
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. The failure of RESET.ME to enforce any right or provisions of these Terms will not be deemed a waiver of such right or provision.
We will not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). You acknowledge and understand that if RESET.ME is unable to provide the Service as a result of a force majeure event, RESET.ME will not be in breach of these Terms. These Terms are personal to you, and are not assignable, transferable or sublicensable by you except with RESET.ME’s prior written consent. RESET.ME may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect.
You may contact RESET.ME at email@example.com.