ResellerRatings.com

 

Last updated: Nov 18th 2020

 

General Terms for Reviewers, Readers, and Users

 

  1. RSR Acquisition, LLC, a Delaware limited liability company with offices at 812 Huron Rd. E Suite 555 Cleveland, OH 44115 RSR (“RSR” or “we”), solicits, accepts, collects, publishes, and syndicates reviews of various retailers and other organizations, through various products and services such as websites, emails, surveys, and other methods (the “RSR Services”). By accessing or using the RSR Services, you (the individual reviewer, reader, or user) agree to these general terms and conditions (“General Terms”), and acknowledge the General Terms form a legally binding contract between you and RSR. These General Terms govern your use of the RSR Services.  Please refer to the top of this page for a link to terms that may apply to other uses or apsects of the RSR Services.  Subject to these General Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to use the RSR Services.

 

  1. The RSR Services rely on users providing, posting, or submitting various responses, reviews, commentary, and various other forms of feedback or content (“Feedback”). You retain ownership and remain responsible for all of your Feedback, including making sure that your Feedback is lawful and appropriate.  While RSR does not assume liability for any of your Feedback, RSR may remove or modify your Feedback at any time without notice if we determine it is unlawful, inappropriate, or otherwise violates applicable policies.  You are solely responsible and liable for your Feedback.  You assume all risks associated with your Feedback.   

 

  1. By providing Feedback through the RSR Services, you grant RSR and its clients, strategic partners, and users a perpetual, non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, save, modify, create derivative works, transfer, sublicense, perform, and distribute your Feedback for the purpose of providing, running, modifying, adding to, and improving the RSR Services. Without limiting the generality of the license you grant to RSR, you agree that we may use your Feedback in various ways such as reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, transferring and distributing it, and allowing others to use your Feedback. You irrevocably waive any claims of moral rights or attribution with respect to your Feedback against RSR and its users.  

 

  1. RSR and its clients may publicly display advertisements, paid content, and other information nearby or in association with your Feedback, in any form that RSR deems appropriate. You are not entitled to any compensation for advertisements placed nearby or in association with your Feedback.

 

  1. RSR may terminate or suspend your access and right to use the RSR Services at any time for any or no reason. The license you grant to RSR is perpetual and does not end if you stop using the RSR Services or if RSR terminates or suspends your access.  All provisions of these General Terms that should survive termination in order to accomplish their intended purpose shall survive, including, without limitation, Sections 6, 7, 10, 11,12, and 14.

 

  1. Except as authorized in writing by RSR on a case by case basis, you agree that you shall not, directly or indirectly, use any automated means, form of scraping, or data extraction to access or collect RSR data, content, reviews, or other users’ Feedback from the RSR website.

 

  1. As part of the consideration for the RSR Services, you agree to cooperate in a mutually agreed public testimonial regarding the RSR Services. You understand that such testimonial may be used in connection with publicizing and promoting RSR. You authorize RSR to use your name, image, likeness, voice, and brief biographical information, as may be included in such mutually agreed testimonial.

 

  1. You agree to receive any legal notices electronically, including via e-mail, posting to our website, or any similar form that we decide to use.

 

  1. RSR may revise these General Terms from time to time in its sole discretion. We will generally post the most current version of the General Terms on our website.  By continuing to access or use the RSR Services after revisions are posted or become effective, you agree to be bound by the new General Terms. If you don’t agree to the new terms, you must stop using the RSR Services.

 

  1. To the maximum extent permitted by applicable law, you agree to indemnify and hold harmless RSR, and its affiliates, officers, directors, employees, agents, and representatives of each of them (collectively, the “RSR Parties”) from and against any claims, disputes, liabilities, losses, costs and expenses, including, without limitation, reasonable legal fees, in any way related to your access to or use of the RSR Services, your Feedback (including, without limitation, infringement claims), or your breach of any of these General Terms.

 

  1. RSR provides the RSR Services on an “AS IS” basis without warranty of any kind, express or implied. RSR EXPRESSLY DISCLAIMS WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. RSR is not responsible or liable to you for any errors, omissions, technical inaccuracies, or downtime in the RSR Services.   RSR is constantly improving the RSR Services and reserves the right to make such improvements or changes without prior notice as it deems appropriate.

 

  1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT RSR SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA), AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE ANY RIGHT YOU WOULD OTHERWISE HAVE TO ANY SUCH DAMAGES. FURTHER, YOU AGREE THAT RSR’S MAXIMUM AGGREGATE LIABILITY FOR ALL CLAIMS FROM YOU (OR THIRD-PARTIES RELATED TO YOUR USE) IN CONNECTION WITH OR RELATED TO THE RSR SERVICES SHALL BE TWO HUNDRED FIFTY U.S. DOLLARS ($250.00).

 

  1. RSR respects the legitimate rights of copyright and other intellectual property owners. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (the “DMCA”), RSR designates the agent specified below to receive notifications of claimed copyright infringement on its sites. If you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights have been otherwise violated, please provide RSR's agent with the following information in accordance with the DMCA: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on any of RSR's Services, with enough detail that we may find it on our website; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

 

Legal Department
812 Huron Rd. E Suite 555
Cleveland, OH 44115
Telephone: +1 216 400 0544
Email:  support@resellerratings.com

 

  1. These General Terms shall be governed by the laws of the State of Delaware, without regard for the conflict of laws principles thereof. You agree that in the event a dispute arises concerning your access or use of the RSR Services, or any other program or service offered by RSR, that such dispute shall be resolved exclusively through an arbitration process. Unless the parties specifically agree otherwise in writing, such arbitration shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Further, you agree that any such arbitration shall be settled on an individual basis, and unless the parties agree otherwise in writing shall not be consolidated in any arbitration or suit with any claim or controversy of another party. You agree that all arbitration proceedings will be conducted in Cleveland, OH. You further agree that any interim or preliminary relief sought shall be brought exclusively in a court of competent jurisdiction in Cleveland, OH.

 

  1. No agency, partnership, joint venture, employee/employer or franchiser/franchisee relationship shall be deemed to exist, or is intended to exist, by the General Terms or your access or use of the RSR Services.

 

  1. These General Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be transferred or assigned by RSR without restriction. Any attempted transfer or assignment by you in violation hereof shall be null and void.

 

  1. These General Terms incorporate by reference and include our Privacy Policy and our Cookies Policy. These General Terms together with the Privacy Policy and Cookies Policy constitutes the entire agreement between you and RSR concerning the RSR Services. If any provision of these General Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these General Terms will remain in full force and effect.

 

  1. No waiver of any term of these General Terms shall be deemed a further or continuing waiver of such term or any other term, and RSR’s failure to assert any right or provision under these General Terms shall not constitute a waiver of such right or provision.
  1. If requested by you in writing, RSR may assist you with adding code to your website or with other aspects of implementation to ensure that your systems are compatible with the RSR Services (the “Implementation Activities”). To the maximum extent permitted by applicable law, you, on behalf of yourself and your affiliates and agents, hereby expressly waive and release any and all claims, now known or hereafter known, against any of the RSR Parties, on account of any damage, loss, or expense, of any kind or nature, arising out of or attributable to the Implementation Activities, whether arising out of the ordinary negligence of any of the RSR Parties or otherwise. You covenant not to make or bring any such claim against any of the RSR Parties, and forever release and discharge the RSR Parties from liability under such claims.
  1. To the maximum extent permitted by applicable law, you shall defend, indemnify, and hold harmless the RSR Parties against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees and the costs of enforcing any right to indemnification under this Agreement, arising out of or resulting from any claim related to the Implementation Activities, including any claim related to your own negligence or the ordinary negligence of any of the RSR Parties.