These Terms of Use are a binding contract between you and Revenue Reimagined LLC (“we”, “us”, “our”). It contains the rules and restrictions that govern your use of Revenue Reimagined’s products and services (referred to below simply as “Revenue Reimagined”). If you have any questions, comments, or concerns regarding these Terms or our products and services, please contact us at [email protected].
Using Revenue Reimagined in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use Revenue Reimagined. These Terms include everything in this document, as well as those in the Privacy Policy. If you don’t agree to all of the following, you may not use or access Revenue Reimagined in any manner.
You represent and warrant that you are of legal age to form a binding contract (or if not, that you’ve received your parent’s or guardian’s permission to use Revenue Reimagined and that your parent or guardian agrees to these Terms on your behalf).
If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” throughout this document refer to that organization or entity).
Acceptable Use Policy
You are responsible for all your activity in connection with Revenue Reimagined! Make sure that you use Revenue Reimagined in a manner that complies with the law. If your use of Revenue Reimagined is prohibited by applicable laws, then you aren’t authorized to use Revenue Reimagined. We can’t and won’t be responsible for you using Revenue Reimagined in a way that breaks the law.
Other Users and Third-Parties
Posts: Posts posted to Revenue Reimagined – including Revenue Reimagined 3rd party apps – are the sole responsibility of the person or organization from whom such content originated. You access all such content at your own risk. We aren’t liable for any errors or omissions in any Post and you hereby release us from any damages or loss you might suffer in connection with a Post.
Third-Party Content: Revenue Reimagined may contain links or connections to third party websites or services that are not owned or controlled by us. Revenue Reimagined has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites. You release and hold us harmless from any and all liability arising from your use of any third-party website or service.
In the event that you have a dispute with one or more other users of Revenue Reimagined or with a third party, you release us, our officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or Revenue Reimagined.
Limitation of Liability
To the fullest extent allowed by applicable law, under no circumstances and under no legal theory shall Revenue Reimagined, its licensors, or its suppliers be liable to you or to any other person for:
- Any indirect, special, incidental, or consequential damages of any kind, or
- Any amount, in the aggregate, in excess of the greater of (1) $100 or (2) the amounts paid and/or payable by you to us in connection with Revenue Reimagined in the twelve-month period preceding the applicable claim.
No Warranties
Revenue Reimagined’s products and services are provided to you on an “as-is” basis. This means we provide it to you without any express or implied warranties of any kind. That includes any implied warranties of merchantability, warranties of fitness for a particular purpose, non-infringement, or any warranty that the use of Revenue Reimagined will be uninterrupted or error-free. Accordingly, we do not:
- Make any representations or warranties about any content contained in or accessed through Revenue Reimagined, and we will not be responsible for the accuracy, copyright compliance, legality, or decency of material contained on our products and services.
- Make any representations or warranties regarding suggestions or recommendations of products or services (including Publisher newsletters) offered or purchased through Revenue Reimagined. Products and services purchased or offered through Revenue Reimagined, including newsletters, are provided “as-is” and without any warranty of any kind from Revenue Reimagined.
Privacy on Revenue Reimagined
Revenue Reimagined takes your privacy very seriously. For the current Revenue Reimagined Privacy Policy, please visit our Privacy page.
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children. We do not knowingly collect or solicit personally identifiable information from children under 16; if you are a child under 16, please do not attempt to use Revenue Reimagined or send any personal information about yourself to us. If we learn we have collected personal information from a child under 16, we will delete that information as quickly as possible. If you believe that a child under 16 may have provided us with personal information, please contact us at [email protected].
SMS Messaging
If you provide us your phone number, we may use an SMS message to verify your control of the phone number. Your carrier’s message and data rates may apply to this SMS verification. We don’t send text messages for other purposes, however, you can reply “HELP” for help, or “STOP” to opt out of receiving text messages. You can learn more about our use of phone numbers and SMS messages in our privacy policy.
Changes to Revenue Reimagined
We’re always trying to improve Revenue Reimagined, so our products and services may change over time. We may suspend or discontinue any part of Revenue Reimagined, or we may introduce new features or impose limits on certain features or restrict access to parts or all of Revenue Reimagined. We’ll try to give you notice when we make a material change to Revenue Reimagined that would adversely affect you, but this isn’t always possible or practical.
Changes to the Terms
We are constantly trying to improve our products and services, so these Terms may need to change along with Revenue Reimagined. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the website, by sending you an email, and/or by some other means.
If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use Revenue Reimagined’s products or services. If you use Revenue Reimagined in any way after a change to the Terms is effective and notice has been provided, that means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
Violations of the Terms
Failure to follow any of these Terms shall constitute a breach of these Terms, which may result in immediate termination of your account. Revenue Reimagined has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Miscellaneous Terms
The above covers most of the questions that we typically receive about Revenue Reimagined. We have grouped provisions that come up less frequently below:
Indemnification: To the fullest extent allowed by applicable law, you agree to indemnify and hold Revenue Reimagined, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of Revenue Reimagined (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action, we will attempt to provide notice to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
Assignment: You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Revenue Reimagined services, in any way (by operation of law or otherwise) without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law: These Terms are governed by and will be construed under applicable federal law and the laws of the State of California, without regard to the conflicts of laws provisions thereof.
Arbitration and Class Action Waiver: Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in San Francisco County, California, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Streamlined Arbitration Rules and Procedures of JAMS. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, you and Revenue Reimagined shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of these Terms, you consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, Palm Beach County, Florida, or the Southern District of Florida. The prevailing party in any action or proceeding arising out of these Terms will be entitled to an award of costs and attorneys’ fees. To the fullest extent permitted by law, you and Revenue Reimagined agree that all claims against the other can only be brought in an individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or other representative proceeding. We agree that arbitrators may not conduct any class, consolidated, or representative proceeding, and are limited to providing relief warranted by an individual party’s claim.
No Third-Party Beneficiaries: We agree there are no third-party beneficiaries intended under these Terms.
No Joint Venture: You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Revenue Reimagined LLC, and you do not have any authority of any kind to bind us in any respect whatsoever.
Waiver: The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder.
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 shall otherwise remain in full force and effect and enforceable.
Entire Agreement: You agree that these Terms are the complete and exclusive statement of the mutual understanding between you and us, and that it supersedes and cancel all previous written and oral agreements, communications, and other understandings relating to the subject matter of these Terms.