READ CAREFULLY THIS SERVICE AGREEMENT (“AGREEMENT”), WHICH CONTAINS THE EXCLUSIVE TERMS AND CONDITIONS BETWEEN RAMPED UP, LLC. (“RAMPED UP”) AND THE CUSTOMER SPECIFICALLY IDENTIFIED IN THE ORDER FORM REFERENCING THIS SERVICE AGREEMENT (“CUSTOMER”), REGARDING ACCESS AND — USE OF THE SERVICE. THE PARTY AGREEING TO THESE TERMS ON BEHALF OF CUSTOMER REPRESENTS AND WARRANTS THAT HE/SHE HAS FULL LEGAL AUTHORITY TO ENTER INTO THIS AGREEMENT, UNDER ALL APPLICABLE LAWS AND ON BEHALF OF CUSTOMER. SELECTING THE “I ACCEPT” CHECKBOX OR BY ACCESSING OR USING THE SERVICE, CREATES A LEGALLY ENFORCEABLE CONTRACT WHERE CUSTOMER AGREES TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT WITHOUT MODIFICATION.
IF CUSTOMER DOES NOT AGREE TO ALL TERMS AND CONDITIONS IN THIS AGREEMENT, PLEASE DO NOT SELECT THE “I ACCEPT” CHECKBOX AND CUSTOMER SHALL BE PROHIBITED FROM ACCESSING OR USING THE SERVICE. Ramped Up and Customer hereby agree as follows:
Customer may not use the Service to do any of the following: (a) send communications which are unlawful, threatening, abusive, harassing, defamatory, vulgar, obscene, offensive, libelous, or that may invade another’s right of privacy or publicity; (b) utilize the intellectual property of any other person or entity without their prior and explicit written permission; (c) violate any law, rule or regulation or advocate any activity that does so; (d) solicit funds, goods, or services (including, but not limited to, sweepstakes, contests or pyramid schemes); (e) transmit viruses or corrupted data or otherwise burden or interfere with the operation of the Service or any other party’s site or service; (f) adapt or hack the Service to, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks; or (g) collect or store user names, email addresses or any other personally identifiable information about any user without their explicit permission and in all cases in compliance with applicable laws and regulations.
- Customer Responsibilities. Customer acknowledges that the Service may integrate with one or more third party data providers (each, a “Third Party Provider”) and Customer is solely responsible for the following: (a) having Internet access and an active Third Party Provider account, if applicable, in order to use the Service (and for all costs in connection with such access); (b) ensuring that all registration and account information and data are current and accurate and that Customer has backed-up all such information; (c) managing all account activity; (d) maintaining the confidentiality and security of Customer username, password and account information; and (e) securing all consents and permissions to enable Customer to maintain Customer Third Party Provider accounts, if applicable, and to allow Ramped Up to access the data in such Customer Third Party Provider accounts.
Customer is solely responsible for all data, information, feedback, suggestions, text, content and other materials that Customer uploads, posts, delivers, provides or otherwise transmits or stores (hereafter “post(ing)”) in connection with or relating to the Service (“Customer Content”). Ramped Up reserves the right to access Customer account in order to respond to Customer requests for technical support and as otherwise necessary or useful to provide Customer the Service. Ramped Up has the right, but not the obligation, to monitor the Service or Customer Content.
- Security. Ramped Up utilizes generally-accepted security measures (such as SSL encryption) to protect against the misuse or unauthorized disclosure of Customer Content. However, Customer understands that the operation of the Service, including Customer Content, may involve (a) encrypted transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices and (c) encrypted transmission to Ramped Up’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service, and there can be no assurance that such elements will always be secure.
- Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCLUDING VIOLATIONS OF SECTION 6, IN NO EVENT SHALL EITHER PARTY (OR ANY OF ITS THIRD-PARTY PROVIDERS) HAVE ANY LIABILITY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES RELATING TO LOSS OF BUSINESS, PROFITS, GOODWILL, DATA, PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE — USE OF OR INABILITY TO — USE THE SERVICE OR ANY DATA (INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, NEGLIGENCE OR OTHER TORT), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE CA– USE OF ACTION UNDER WHICH SUCH DAMAGES ARE SOUGHT. EXCLUDING VIOLATIONS OF SECTION 9, RAMPED UP’S LIABILITY FOR DIRECT DAMAGES WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER UNDER THESE TERMS OF — USE DURING THE TWELVE (12) MONTHS PRECEDING THE DATE THE CLAIM IN QUESTION FIRST AROSE OR, IF GREATER, ONE HUNDRED ($100) U.S. DOLLARS.