User License Agreement
This End User License Agreement (“Agreement”) is a legally binding agreement between you (“End User” or “you”) and REINS® Inc, a Delaware corporation (“REINS®” or “us” or “our”). Provides an online App/Platform (the “App/Platform”) that connects users seeking answers to questions (“Customer”) with persons who answer such questions (“Experts”) (collectively, “Users”). This Expert Agreement governs your use of the websites, applications, and other offerings from REINS® App/Platform in your capacity as an Expert.
2. The App/Platform
The App/Platform is an online venue for knowledge, informational and educational purposes and connects Customers with Experts. REINS® is not in the business of providing or selling information or education that is within any Expert’s area of expertise, and REINS® itself otherwise does not provide advice or any professional REINS® software and the services to Customers.
You are an independent provider of services, and you represent and warrant you are authorized to conduct the services contemplated in this Expert Agreement in the location in which you operate. You further agree that you are not an employee of REINS® and you understand that (a) you have sole discretion in selecting which Customer questions to answer from those that are made available to you on the App/Platform, (b) you may elect not to answer any questions from Customers, and (c) you have sole discretion in controlling how you perform any services on the App/Platform. You further understand that site tools, REINS®’ mobile provided by that application, or any other tools (collectively, “Tools”) offered by REINS® are optional, such Tools are purely offered for Expert’s convenience, and usage of such Tools is not mandatory.
No relationship (such as partnership, agent, joint ventures, or employee) between you and REINS® is created by this Expert Agreement or your participation on the App/Platform. You acknowledge that you are not an employee or agent of REINS® but are, like Customers, only Users of the App/Platform. You shall act in accordance with this status and shall not hold yourself out as an officer, employee, or agent of REINS®, nor make any claim based on any right or privilege applicable to REINS®’ employees. Under no circumstances shall you look to REINS®’ as your employer, or as a partner, agent, or principal. Nothing regarding your participation on the App/Platform will be considered as an endorsement, referral, or recommendation by REINS® of you or the answers you provide, and you will not, either on the App/Platform or in any other forum or by any other means, suggest such an endorsement.
We are not involved in the conversations you may engage in with Customers on the App/Platform. REINS® shall not be liable for (a) any acts or omissions by you, (b) content in posts made by Users on the App/Platform, including questions, answers, requests for information, responses, profiles, Expert signatures, qualifications, comments, profile information, and posts in the Expert Responses/Forum and other places where Users communicate with one another (collectively, “Posts”), or (c) the ability of Customers to pay for answers outside of the App/Platform. You understand and agree that REINS® cannot ensure that a Customer will complete a transaction outside of the App/Platform. You further understand and agree that Experts may not have access to all questions or requests from Users, and that REINS® retains the right to route questions to Experts in its sole discretion.
EMERGENCY QUESTIONS AND CRISIS SITUATIONS (particularly regarding safety and security issues) should not be directed to the App/Platform and should, instead be directed immediately by telephone or in-person to qualified professionals (e.g., in the U.S., call 911). The App/Platform is not the appropriate venue to deal with such situations.
3. Modification of Expert Agreement or App/Platform
Except for Section 15, providing for binding arbitration and waiver of class action rights, REINS® reserves the right, at its reasonable and sole discretion, to modify or replace the terms of this Expert Agreement at any time. The most current version of this Expert Agreement will be accessible through the App/Platform. You shall be responsible for reviewing and becoming familiar with any such modifications. If a revision to this Expert Agreement, in our sole discretion, is material, we will notify you by contacting you either through the email address associated with your Account, the Application Content (as defined herein) or through a notice on the App/Platform. Except as otherwise stated by REINS® in writing, use of the App/Platform by you after any modification to this Expert Agreement constitutes your acceptance of this Expert Agreement as modified. If you do not accept the changes to this Expert Agreement, your sole and exclusive remedy is to delete your Account and discontinue use of the App/Platform.
REINS® reserves the right at any time to modify, suspend, discontinue, or terminate, temporarily or permanently, the App/Platform or associated services (or any part thereof), with or without notice.
4. Eligibility & Account Creation
You hereby represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Expert Agreement and to abide by and comply with this Expert Agreement. Only individuals who are at least 18 years old and can form legally binding contracts under applicable law are permitted to apply to be or participate on the App/Platform as an Expert.
By registering as an Expert, you represent and warrant that you are properly and fully qualified and experienced, and licensed and insured as required by applicable laws or regulations to which you may be subject, in the jurisdiction(s) in which you provide your Answers.
You must create an Expert account (“Account”) to access certain features of the App/Platform, such as selecting questions from Customers to answer. To create an Account, you must provide us with certain information about you, such as your name, email address, phone number, and area of expertise. You will also be required to select a username and password. You agree to provide accurate, current, and complete information during the Account registration process and at all other times when you use the App/Platform, and to update such information to keep it accurate, current, and complete. You are solely responsible for safeguarding your Account password. You are solely responsible for all activity that occurs on your Account, and you will notify REINS® immediately of any unauthorized use. For clarity, REINS® is not liable for any losses by any party caused by an unauthorized use of your Account. Your Account is nontransferable except with REINS®’ written permission and in line with REINS® policies and procedures. If any REINS® account of yours has been suspended or terminated, you may not open another account on the App/Platform.
As permitted by applicable law, we may (a) ask you to provide identification or other information, (b) undertake checks designed to help verify your identity or background, (c) screen you against third-party databases or other sources and request reports from service providers, (d) request and obtain information about your professional credentials, and (e) otherwise request information or obtain information about you to protect the safety and security of the App/Platform, REINS®, other Users, and the public.
5. Expert Conduct
a. Registration Information and Credentials
In applying/requesting to be an Expert or using the App/Platform as an Expert, you represent and warrant that you have and will continue: (a) to provide and maintain accurate, complete, and non-misleading information in connection with your registration and Account; (b) to provide and maintain accurate descriptions of any background, skills, knowledge, and level of experience (including professional licenses, certifications, education, employment, etc.) (collectively, “Credentials”); and (c) to be truthful including, without limitation, not misrepresent yourself, such as, but not limited to, using or creating a misleading username.
b. Changes in Credentials
If you experience any negative change to your Credentials (e.g. active license becomes inactive or suspended, disciplinary investigation is opened), you must notify REINS® of such change by sending an email to email@example.com within twenty-four (24) hours of the change. In addition, if such change makes you ineligible to be an Expert on the App/Platform, then you must also immediately cease answering questions on the App/Platform.
c. Agreement to Audits
REINS® reserves the right, and you agree to cooperate—including in responding to requests from REINS® for information related to your Credentials—to periodically audit your Credentials or background. If you do not provide timely and accurate information, you understand we may terminate your Account.
d. Expert Community Guidelines
You shall comply with all requirements in the REINS® Expert Community Guidelines. Without limitation, you must be compassionate, polite, and respectful toward other Experts and Customers and to REINS® personnel. Experts who are rude (or unprofessional, argumentative, or threatening) to others, including Customers, other Experts, and REINS® personnel, as determined by REINS® in its sole discretion, may (1) be given notice of such violation and/or (2) have Accounts suspended, limited, or terminated. For more information, view the Rudeness Zero-Tolerance Policy of the Expert Community Guidelines. Without limiting any other requirements herein, your answers and Posts must relate to the question asked, must be appropriate, and shall not contain inappropriate, objectionable, offensive, harmful, or illegal content or user documentation and materials.
e. Answering Questions and Ratings
i. Expertise and Compliance with Laws
You will provide competent answers that are within your realm of expertise and any applicable credentials only and will use at least a reasonable standard of care in providing answers. A reasonable standard of care is the higher of: (i) the standard you apply in your profession not conducted on the App/Platform; or (ii) the standard of care required by the applicable profession.
You will abide by all laws, rules, regulations, and ethical standards pertaining to your profession and/or the profession applicable to categories in which you are an Expert (including, if applicable, any ethical obligations relating to conflicts of interest). By way of example only, if you are an Expert in the Construction Category of the App/Platform, you will not provide any information that would allow illegal access to a construction site or facility system, including but not limited to equipment or supplies and vendor codes.
ii. Checking-In with Customers
Where you have provided an answer to a Customer question, you may only check-in regarding that question (e.g., timeframe and frequency) as set forth at your first available convenience.
You understand and agree that Customers may provide ratings of Experts who provide answers. To preserve the integrity of ratings, you shall not ask Customers to submit any ratings.
f. Limited Exclusivity
REINS® does not prohibit you from providing the same substantive answer to a question, but only from providing it using the same words as used on the App/Platform. The provisions of this Expert Agreement are not intended to prevent you from practicing your profession, but only from engaging in the limited activity described therein.
Expert acknowledges and agrees that Expert is obligated to report as income all compensation received by REINS® pursuant to this Agreement subject to applicable law in your jurisdiction. Subject to applicable law, Expert agrees to and acknowledges the obligation to pay all self-employment and other taxes on such income. Expert will receive no REINS® sponsored benefits such as, but not limited to, paid vacation, sick leave, medical insurance, and 401k participation. If Expert is reclassified by a state or federal agency, court, or arbitrator as REINS®’ employee, Expert will become a reclassified employee and will receive no benefits from REINS®, except those mandated by state or federal law, even if by the terms of REINS®’ benefit plans or programs of the Company in effect at the time of such reclassification, Expert would otherwise be eligible for such benefits.
h. Confidential Information
Experts are granted access to the App/Platform beyond the access granted to Customers and, as such, have access to information not known by Customers of the App/Platform (“Confidential Information”). Experts shall (1) maintain all Confidential Information in confidence; (2) use such Confidential Information in confidence; (3) use such Confidential Information only in connection with their legitimate activities on the App/Platform; (4) not use Confidential Information for the purpose of developing, operating, or participating in any competing service; and (5) not disclose Confidential Information to non-Experts unless required by law. For example, and without limitation, you will use any information obtained about Customers on the App/Platform strictly to provide your services as authorized by this Expert Agreement.
I. Other Rules and Prohibitions
As a condition of use, you agree you will not use the App/Platform for any purpose that is unlawful or prohibited by this Expert Agreement, or any other purpose not reasonably intended by REINS®. By way of example, and not as a limitation, you agree not to:
• Directly or indirectly manipulate, undermine, or disrupt the integrity of any feedback ratings, reports, or systems on the App/Platform, including, but not limited to, by filing false reports about other Experts.
• Establish a professional-client relationship within the App/Platform.
• Use any automated programs to automatically lock questions that are posted on the App/Platform.
• Create multiple Accounts on the App/Platform.
• Use another User’s account to access the App/Platform.
• Use methods to disguise your location or otherwise circumvent REINS® tools to secure the App/Platform.
• Post as an “Answer” (which a Customer will be prompted to rate) any information that is classified more aptly as an “Information Request”;
• Directly or indirectly submit any Posts that are fraudulent, inaccurate, infringing, libelous, defamatory, abusive, offensive, obscene, pornographic, or otherwise violates any law or right of REINS® or Users or any other third party, including privacy rights, copyrights, or other intellectual prope rty rights.
• Directly or indirectly submit any Posts linking to affiliate programs, multi-level marketing schemes, or off-topic content.
• Violate any federal, state, or local law, statute, ordinance, regulation, or ethical code.
• Engage in any behavior that is defamatory, trade libelous, unlawfully threatening or unlawfully harassing.
• Submit any content containing any viruses, Trojan horses, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.
• Except as expressly authorized by REINS®, solicit or otherwise request personal information from Customers other than information strictly necessary to respond to the question.
• Respond to questions from Customers directed specifically to another Expert unless the other Expert has specifically opted out from further engagement with the Customer on that specific question or REINS® has otherwise explicitly designated a question as available for answers from any eligible Expert.
• Scrape, access, monitor, index, frame, link, or copy any content on the App/Platform by accessing the App/Platform in an automated way, using any robot, spider, scraper, web crawler, or using any method of access other than manually accessing the publicly-available portions of the App/Platform through a browser or accessing the App/Platform through any approved mobile application, application programming interface, or client application.
• Decompile, reverse engineer, or otherwise attempt to obtain the source code or underlying ideas or information of or relating to the App/Platform.
• Violate the restrictions in any robot exclusion headers of the App/Platform, if any, or bypass or circumvent other measures employed to prevent or limit access to the App/Platform.
• Engage in any activity that could cause us to violate any applicable law, statute, ordinance, or regulation.
• Resell or make any commercial use of our system or the content on the App/Platform without our prior written consent.
• Provide information on any other websites about REINS®, unless you expressly state that your statements are not made on behalf of and have not been approved by REINS®.
• Falsely imply REINS®’ endorsement, partnership, or otherwise mislead others as to your affiliation with REINS®; or
• Use the App/Platform in a way that violates or facilitates violations of this Expert Agreement, any other agreement or guidelines that govern use of the App/Platform or attempt to do any of the foregoing directly or indirectly.
You understand that violation of these rules or this Expert Agreement more generally may result in the termination of your Account. You acknowledge and agree that REINS® may remove any Posts and terminate any Account at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to Posts). REINS® further reserves the right to report unlawful activity to law enforcement or other regulatory authorities.
You further understand that REINS® has the right, but does not have any obligation, to monitor the use of the App/Platform and verify information provided by our Users or accessible by you in connection therewith (collectively, the “Application”). The Application is licensed and not sold to you.
Posts are not confidential and may be used by REINS® for any purpose. For example, search engines may index questions, answers, and other Posts to allow them to appear in search engine results (e.g., if someone runs a search on google.com or another search engine, questions, answers, and other Posts on reinsapp.com that relate to the search may appear in the search results list).
Without limitation, we may use your signature and/or profile information in emails sent to Customers alerting them to your answers and other Posts. You understand and agree that REINS® may send Customers emails pertaining to their questions and your answers that are signed by your username (but sent on your behalf from a REINS® email address). For example, REINS® may let the Customer know that you have sent the Customer an email, have responded to their question, and/or have not been paid for an answer (and the Customer should therefore remit payment). As between you and REINS®, you will maintain whatever ownership interest you have in and to the Posts you provide on the App/Platform. You are responsible for all Posts you contribute, in any manner, to the App/Platform, and you represent and warrant you have all rights necessary to do so, in the way you contribute it. REINS® reserves the right to remove any or all your Posts, in whole or in part, at any time with or without notice.
You grant to REINS® a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights, including the right to use, reproduce, display, edit, copy, modify, transmit, publicly perform, or create derivative works thereof, that you have in your Posts, in any media now known or not currently known, with respect to any such Posts. This license shall survive termination of the App/Platform, this Expert Agreement, or your Account. REINS® does not claim ownership rights in your Posts and nothing in this Expert Agreement will be deemed to restrict rights that you may have to use and exploit your Posts.
Any information or content publicly posted or privately transmitted through the App/Platform is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. You acknowledge and agree that REINS® may or may not, in its sole discretion, pre-screen Posts before posted on the App/Platform, but has no obligation to do so. REINS® reserves the right (but does not assume the obligation) in its sole discretion to reject, move, edit or remove any Posts, including but not limited to any Post that violates this Expert Agreement or is otherwise objectionable. You understand that by using the App/Platform, you may be exposed to Posts that you may consider offensive or objectionable. We cannot control and have no duty to take any action regarding how you may interpret and use Posts or what actions you may take because of having been exposed to Posts, and you hereby release us from all liability for you having acquired or not acquired Posts through the App/Platform. While we may try to do so, we can’t guarantee the identity of any Users with whom you interact in using the App/Platform and are not responsible for which Users gain access to the App/Platform.
To allow REINS® to assist you in protecting your copyrights in your Posts, at its sole discretion, you grant REINS® the right to act on your behalf solely in submitting DMCA takedown notices to other websites to remove copies of your Answers on reinsapp.com from other websites. You agree to notify REINS® at firstname.lastname@example.org within twenty-four (24) hours of posting any portion of your Answers on another website or granting permission to another person or entity to do so, so that REINS® does not submit a DMCA takedown notice for such content. If you do not wish REINS® to assist you in protecting your copyrights in this manner, please send an email to that effect to email@example.com. You agree that REINS® has no obligation to make any searches or submit any DMCA takedown notices on your behalf.
7. Proprietary Rights and Limited License
property of REINS® and its licensors. All materials therein, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and all intellectual property rights related thereto, are the exclusive property of REINS® and its licensors. The App/Platform is protected by copyright, trademark, and other laws of both the United States and foreign countries. You acknowledge that the App/Platform has been developed, compiled, prepared, revised, selected, and arranged by REINS® and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitute valuable intellectual property of REINS® and such others. Except as explicitly provided herein, nothing in this Expert Agreement gives you a right to use the REINS® name or any of the REINS® trademarks, logos, domain names and other distinctive brand features. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective owners.
Subject to your complete and ongoing compliance with the terms of this Expert Agreement, REINS® grants you a non-transferable, non-exclusive, revocable, limited license to access and use the App/Platform. We reserve all rights not expressly granted to you by this Expert Agreement.
By sending us any feedback, comments, questions, or suggestions concerning REINS®, the App/Platform or us (collectively, “Feedback”) you represent and warrant (a) that you have the right to disclose the Feedback, (b) that the Feedback does not violate the rights of any other person or entity, and (c) that your Feedback does not contain the confidential or proprietary information of any third party or parties. By sending us any Feedback, you further (i) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (ii) acknowledge that we may have something similar to the Feedback already under consideration or in development, (iii) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and (iv) irrevocably waive, and cause to be waived, against REINS® and its users any claims and assertions of any moral rights contained in such Feedback. This Feedback section shall survive any termination of your participation in the App/Platform or this Expert Agreement.
a. Standard Questions and Service
Customers on REINS® may be presented with one or two payment models: (1) Subscription model and (2) Membership model.
10. Duration and Termination of Agreement
Duration. The term of this Expert Agreement shall be for an initial duration from your acceptance of the Expert Agreement and REINS® approves you as an Expert on the App/Platform and will automatically renew each year successive term thereafter (each a "Duration"), unless and until one party gives the other at least ten days' written notice before the end of the then-current Duration of its intention not to renew this Expert Agreement. Termination. You may terminate your Account by written notice via e-mail to firstname.lastname@example.org. Terminations typically will be effective within seven (7) business days after our receipt of your termination notice, at which time your Account will be closed, and you will no longer be able to access your former Account.
Expert Violations. Without limiting any other rights available to REINS® if (i) you breach this Expert Agreement, (ii) you violate applicable laws, regulations, or third-party rights, or (iii) REINS® believes it is reasonably necessary to protect REINS®, its Users, or third parties; REINS® may, with or without prior notice:
• suspend or limit your access to or use of the App/Platform and/or your Account.
• suspend or remove Posts; and/or
• terminate your Account.
Effect of Termination. You are not entitled to a restoration of your Account or any of your Posts if you terminate your Account, though you may create a new Account unless prohibited by this Expert Agreement. If your access to or use of the App/Platform has been limited, or your Account has been suspended, or this Expert Agreement has been terminated by us, you may not register a new Account or access or use the App/Platform through an account of another User.
BY DOWNLOADING, INSTALLING, USING, OR OTHERWISE ACCESSING THE APPLICATION, YOU REPRESENT,
Sections 5(f)-(i), 6-8, 10-11, and 13-18 of this Expert Agreement, and any other provisions that are necessary to effectuate those sections, shall survive termination.
11. Indemnity and Release
You agree to release and to ACKNOWLEDGE AND AGREE THAT: (A) YOU ARE 18 YEARS OF AGE OR OLDER AND OTHERWISE LEGALLY QUALIFIED TO ENTER INTO A BINDING AGREEMENT; AND (B) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO OR ACCEPT THESE TERMS AND CONDITIONS, DO NOT DOWNLOAD, INSTALL, USE, OR OTHERWISE ACCESS THE APPLICATION AND, IF YOU HAVE ALREADY DONE SO, DELETE THE APPLICATION AND CEASE ITS USE IMMEDIATELY.
THIS AGREEMENT CONTAIN LIMITATIONS ON REINS®’ LIABILITY AND DAMAGES RECOVERABLE BY YOU, WAIVERS OF WARRANTIES AND OF INDIVIDUAL CLASS ACTION AND JURY TRIALS AND THE EXCLUSIVE FORUM AND VENUE FOR DISPUTES IS ARBITRATION WHICH WILL TAKE PLACE IN JACKSONVILLE, DUVAL COUNTY, FLORIDA.
If you have any questions about this Agreement or the Application, or if you would like to communicate with us your acceptance or rejection of this Agreement, or how to delete or remove Application from your Device (as defined below), you may contact us at:
5357 Winrose Falls Drive
Jacksonville, Florida 32258
1. License Grant. Subject to the terms and conditions of this Agreement, REINS® grants solely to you a limited, revocable, personal, non-exclusive, and non-transferable license (“License”) to:
1. download, install, and use the Application for your own personal, non-commercial use on a single electronic device owned or controlled by you (“Device”) strictly in accordance with the Application’s documentation; and
2. access, download, and use on such Device the Application Content and Third-Party Materials that are made accessible to you via the Application or in connection with the Application’s use strictly in accordance with the Application’s documentation.
You shall not, and the License does not include any right to use the Application or Application Content for any commercial or professional uses or in connection with your performance of any services or professional services for any third party, and the Application is provided, and the License is granted solely for use in connection with your own personal and private enjoyment. Except for the License expressly granted to you above in this section, no other rights, whether express or implied are granted to you in or to the Application or the Application Content, all of which are reserved to and retained by REINS®. You acknowledge and agree that the Application are provided under license, and not sold, to you and you do not acquire any ownership interest in the Application or any Third-Party Materials under this Agreement.
2. Application Content. The Application may include and provide you with access to information, data, images, videos, photographs, artwork or other content (collectively, the “Application Content”). The Application Content is included within the definition of the term “Application”). The Application Content contains the copyrighted or copyrightable and proprietary property of REINS® or third parties. You may only use the Application Content solely for the uses expressly authorized by the License.
3. End User Restrictions. You shall not and shall not attempt to: (a) gain, receive, secure, access, use, or otherwise exceed or circumvent the limited rights granted to you under the License including, without limitation, attempting to gain or receive root, developer, unrestricted, “super-user” or any other type of administrative, supervisory or high level access, or restricted access to the Application or any type of access not expressly granted to you and authorized by REINS®; (b) perform any Updates or any patches, updates, corrections, bug fixes or any other alterations, modifications, changes or adjustments to the Application; (c) modify, translate, adapt, copy or otherwise create derivative works or improvements, whether or not patentable, of the Application; (d) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof; (e) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application; (f) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features, derivatives or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time; (g) remove, disable, circumvent, or otherwise create or implement any workaround to any copyright protection, rights management, or security features in or protecting the Application; (h) use the Application in, or in association with, the design, construction, maintenance, or operation of any hazardous environments or systems, including any power generation systems; aircraft navigation or communication systems, air traffic control systems, or any other transport management systems; safety-critical applications, including medical or life-support systems, vehicle operation applications or any police, fire, or other safety response systems; and military or aerospace applications, weapons systems, or environments; (i) publicly perform or publicly display the Application; or (j) otherwise use the Application in any way or manner not expressly authorized in this Agreement and by the License. Any breach or violation of any of the foregoing shall constitute a material breach of this Agreement. You are liable and responsible for all acts and usage of the Application made by you, or by any third party using your Device.
4. REINS® Access. At all times during the term of this Agreement, REINS® shall have unrestricted, continuous, and uninterrupted remote access via the Internet to the Application. Once downloaded, installed, or otherwise obtained, you shall not disconnect, disable, suspend or otherwise interfere with REINS®’ access and use of the Application. REINS® shall have the right at all times during the Term to remotely access the Application and may upload, download, monitor, retrieve data, information and other content on the Application in connection with REINS®’ rights and obligations under this Agreement, including performing Service Analyses, delivering or installing Updates, providing maintenance, repairs and updates, monitoring your use of the Application, monitoring your compliance with this Agreement, and performing such other tasks as the REINS® deems appropriate. REINS® may: (a) compile statistical and other information related to the performance, operation and use of the Application and information and data input, output and processed by the Application and all transactions; and (b) use any and all such information and data collected from the Application in aggregated form for commercial purposes, security and operations management, to create statistical analyses, for research and development purposes, and selling and disclosing to third parties specific and/or aggregated data, information and reports (clauses (a) and (b) are collectively referred to as “Service Analyses”). REINS® may make Service Analyses publicly available. REINS® retains all intellectual property rights in Service Analyses.
5. Your Content.
a. The Application may allow you to submit certain content, posts, and uploads including data, information, applications, and other products, services, and/or materials (“Your Content”).
b. You represent, warrant, acknowledge and agree that Your Content will not: (i) contain vulgar, profane, abusive, hateful, or sexually explicit language, epithets or slurs, statements or comments in poor taste; (ii) inflammatory attacks of a personal, sexual, racial or religious nature, or expressions of bigotry, racism, discrimination or hate, or be unreasonably harmful or offensive to any individual or community; (iii) be defamatory, threatening, disparaging, false, misleading, deceptive, fraudulent, inaccurate, unfair, or contain any actionable statement, or tend to mislead or reflect unfairly on any other person, business or entity; (iv) contain gross exaggerations or unsubstantiated claims; (v) violate the privacy rights or right of publicity of any third party; (vi) unfairly interfere with any third party’s uninterrupted use and enjoyment of the Application; (vii) advertise, market, promote or offer to trade or sell any goods or services in any manner without the express authorization of REINS®; (viii) contain any of your trade secrets, confidential or proprietary information or infringe, misappropriate or otherwise violate any copyright, trade secret, trademark, service mark or other intellectual property rights of any third party; (ix) constitute, promote or encourage illegal acts, the violation of any laws or the rights of any individual or entity, or the violation of any local, state, national or international law, rule, guideline or regulation, or otherwise create actual or threatened civil or criminal liability; (x) disclose any personal identifying information of any individual, adult or minor; (xi) contain viruses or other harmful, disruptive or destructive files; (xii) link to any commercial or other websites; (xiii) contain any content that is unlawful or inappropriate as determined by REINS® in its sole and absolute discretion; or (xiv) that otherwise violates this Agreement.
c. You represent and warrant that:
i. You are the sole author and/or owner of Your Content and the owner of all copyright and other intellectual property rights therein.
ii. Your Content is not protected by copyright law, and/or
iii. You have express written permission from the copyright and other intellectual property rights owner to upload, submit and use Your Content in connection with the Application; and you have the right to grant REINS® the license set forth below, and your use of the Application and Your Content does not and will not violate this Agreement or any other agreement applicable to the Application or any agreements you entered into between you and any third party.
d. You grant REINS®, its affiliates, and related entities a royalty-free, perpetual, transferrable, irrevocable, non-exclusive, world-wide right and license to use, copy, modify, create derivative works, publicly display, store, publish, transmit, perform, distribute, and reproduce Your Content in any form, media, software or technology of any kind now existing or developed in the future. The license granted by you to REINS® in the preceding sentence also includes the right for REINS® to: (i) include Your Content in a searchable format that may be accessed by users of the Application; (ii) incorporate Your Content into the Application and/or into the Application Content; (iii) to use Your Content for commercial purposes without any obligation of accounting or sharing proceeds, profits or revenues with you; and (iv) freely use any facts, ideas, concepts, know-how or techniques contained in Your Content or communication you send to REINS® for any purpose whatsoever, including but not limited to, developing, promoting and/or marketing products and services and for commercial and resale purposes. You grant all rights set forth above in this section in consideration of your use of the Application without compensation of any sort to you.
e. REINS® does not endorse Your Content, the Application Content, or Third-Party Materials, and does not necessarily represent the views of REINS® or their subsidiaries and affiliates, agents, officers, or directors. You acknowledge and agree that REINS® does not control Your Content and/or Third-Party Materials and disclaims any responsibility for Your Content and/or Third-Party Materials. REINS® specifically disclaims any duty, obligation, or responsibility, to review, screen, refuse to post, remove, or edit Your Content and/or Third-Party Materials. In addition, REINS® does not represent or warrant that any Application Content or Third-Party Materials is accurate, complete, reliable, current, or error-free. REINS® does not assume any responsibility or liability for Your Content, Application Content or Third-Party Materials.
f. REINS® reserves the right (but disclaims any duty, obligation, or responsibility) to review, screen, refuse to post, remove in their entirety, or edit (at any time and without prior notice) Your Content and/or Third-Party Materials.
6. Third-Party Materials. The Application may display, include, or make available third-party information, data, applications, products, services, materials, links to third-party websites or services, and third-party advertising and marketing (collectively, “Third-Party Materials”). Third-Party Materials may be available to you and/or other users, and such third parties may or may not be users of the Application You acknowledge and agree that REINS® is not responsible for Third-Party Materials including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. REINS® does not assume and will not have any liability or responsibility to you or any other person or entity for Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions. REINS® reserves the right, but expressly disclaims any duty, obligation, or responsibility to, review, screen, refuse to post, remove in their entirety, or edit Third-Party Materials.
9. Updates. REINS® may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that REINS® has no obligation to provide any Updates or to continue to provide or enable any features or functionality. Based on your Device settings, when your Device is connected to the Internet: (a) the Application will automatically download and install all available Updates; (b) you may receive notice of or be prompted to download and install available Updates; or (c) REINS® may deliver Updates through another method, in its sole and absolute discretion. You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.
10. Interruption of Use. The Application may be inaccessible or unavailable, in whole or in part, for various reasons including, without limitation (collectively, “Downtime”): (a) equipment, network, software and hardware malfunctions; (b) maintenance and repairs, and servicing, upgrading, and testing of the Application and network components; (c) a Force Majeure; or (d) downtime caused by reasons beyond REINS®’ control including, without limitation, actual or threatened security concerns, Internet or connectivity failures, failure or downtime of third-party software, hardware, networks and services, delays, or failures. REINS® shall not be liable for Downtime, and Downtime shall not constitute a breach of this Agreement.
11. Disablement. Notwithstanding any provision of this Agreement to the contrary, REINS® shall have, among its other rights and remedies, the right, without any liability to you, to immediately temporarily or permanently disable, suspend or terminate your access to and/or use of the Application, in whole or in part, with or without notice in the event that: (a) your access or use of the Application interrupts or interferes with the operation of the Application in any manner or creates an actual or threatened security risk; (b) you default on any obligation under this Agreement, including, without limitation, the obligation to pay fees or any amounts due hereunder; and/or (c) upon the termination, cancellation or expiration of this Agreement for any reason whatsoever.
12. Term and Termination. The term of this Agreement commences upon your acceptance of this Agreement as set forth above and will continue in effect until terminated by you or REINS® as set forth in this section. You may terminate this Agreement at any time by deleting or uninstalling the Application and ceasing its use. REINS® may terminate this Agreement at any time and for any reason without notice. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement. Upon the termination, cancellation, or expiration of this Agreement for any reason: (a) the License is immediately and automatically revoked; (b) you will immediately cease all use of the Application and delete and uninstall the Application from your Device. Termination will not limit any of REINS®' rights or remedies at law or in equity.
13. Confidentiality, Non-Use, and Non-Disclosure. You acknowledge and agree that the Application, the Application Content, and all Third-Party Materials (collectively, “Confidential Information”) are confidential, commercially sensitive, proprietary, and non-public and contain trade secrets. You will maintain the Confidential Information in strict confidence and will not disclose to anyone any of the Confidential Information and will only use the Confidential Information as expressly permitted by the License. Upon termination, cancellation, or expiration of this Agreement for any reason whatsoever, you will immediately delete all Confidential Information that is in your possession, custody or control and will not retain any copies, whether physical or electronic.
14. NO COMMERCIAL OR PROFESSIONAL USE OR RELIANCE ON THE APPLICATION OR ITS INFORMATION, DATA OR CONTENT
. THE APPLICATION, APPLICATION CONTENT AND ANY THIRD-PARTY MATERIALS ARE PROVIDED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL AND NON-PROFESSIONAL INFORMATIONAL USE ONLY FOR YOUR CONVENIENCE. YOU UNDERSTAND THAT IT IS YOUR RESPONSIBILITY TO VERIFY ANY INFORMATION PROVIDED ON OR THROUGH THE APPLICATION OR THE APPLICATION CONTENT OR ANY THIRD-PARTY MATERIALS. REINS® DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APPLICATION, THE APPLICATION CONTENT OR ANY THIRD-PARTY MATERIALS, OR AS TO THE RELIABILITY, ACCURACY OR CURRENCY OF ANY SUCH INFORMATION, DATA OR CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
a. ADDITIONALLY, AND WITHOUT DEROGATING FROM THE ABOVE SUBSECTIONS, REINS® DISCLAIMS ANY WARRANTIES RELATING TO THE ACCURACY OF THE APPLICATION, APPLICATION CONTENT AND THIRD-PARTY MATERIALS AND ANY OPINIONS, ADVICE, RECOMMENDATIONS OR DIRECTIONS OR INSTRUCTIONS THAT MAY BE PROVIDED OR PRESENTED TO YOU IN CONNECTION THEREWITH. FOR INSTANCE, ANY ADVICE, RECOMMENDATIONS OR SUGGESTIONS PROVIDED TO YOU VIA THE APPLICATION, THE APPLICATION CONTENT OR ANY THIRD-PARTY MATERIALS DO NOT CONSTITUTE PROFESSIONAL OR COMPETENT ADVICE AND DO NOT CONSTITUTE A FORMAL OR INFORMAL ENGAGEMENT, HIRING FOR ANY PROFESSIONAL SERVICES OR ADVICE AND SHOULD NOT BE USED OR RELIED UPON FOR ANY SUCH PURPOSES. YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR RESPONSIBILITY TO INDEPENDENTLY SEEK PROFESSIONAL AND COMPETENT ADVICE INDEPENDENT AND APART FROM THE APPLICATION, AND ANY INFORMATION, ADVICE OR OPINIONS PROVIDED TO YOU MAY BE INACCURATE, FAULTY, INCOMPETENT, OR CONTAIN ERRORS OR OMISSIONS AND SHALL NOT BE RELIED UPON OR USED BY YOU FOR ANY PURPOSES OR APPLICATIONS.
b. YOU AGREE AND ACKNOWLEDGE THAT: (I) YOU ASSUME FULL, EXCLUSIVE AND SOLE RESPONSIBILITY FOR THE USE OF AND RELIANCE ON THE APPLICATION, ANY APPLICATION CONTENT OR THIRD-PARTY MATERIALS AND SHOULD YOU USE OR RELY ON ANY OF THE FOREGOING, YOU DO SO ENTIRELY AT YOUR OWN RISK; (II) THE APPLICATION, APPLICATION CONTENT AND THIRD-PARTY MATERIALS ARE NOT INTENDED TO REPLACE OR SUBSTITUTE FOR PROFESSIONAL ADVICE WHICH YOU SHOULD ALWAYS OBTAIN AND FOLLOW WITHOUT RELIANCE ON THE APPLICATION, APPLICATION CONTENT OR THIRD-PARTY MATERIALS; AND (III) IT IS YOUR RESPONSIBILITY TO COMPLY WITH ALL APPLICABLE LAWS, RULES AND REGULATIONS WHILE USING THE APPLICATION OR ANY OF THE APPLICATION CONTENT OR THIRD-PARTY MATERIALS.
15. NO WARRANTIES. REINS® PROVIDES THE APPLICATION AND ITS APPLICATION CONTENT AND THIRD-PARTY MATERIALS (IF ANY) FOR USE ON AN “AS IS”, “ALL FAULTS”, AND “AS AVAILABLE” BASIS. THEY CANNOT BE CUSTOMIZED TO FULFILL YOUR NEEDS. REINS® HEREBY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE APPLICATION AND ITS APPLICATION CONTENT AND THIRD-PARTY MATERIALS (IF ANY), INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, FEATURES, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY. NEITHER REINS®, ITS AFFILIATED OR RELATED ENTITIES, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THE APPLICATION WARRANT THAT THE APPLICATION’S FUNCTIONALITY OR APPLICATION CONTENT OR ANY THIRD-PARTY MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ERRORS OR DEFECTS WILL BE CORRECTED, OR THAT THEY WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THEY ARE SAFE, SECURED FROM UNAUTHORIZED ACCESS TO REINS® COMPUTERS, YOUR DEVICE, OR IMMUNE FROM DAMAGES, FREE OF MALFUNCTIONS, BUGS OR FAILURES, INCLUDING, BUT NOT LIMITED TO, HARDWARE FAILURES, APPLICATION AND SOFTWARE FAILURES AND COMMUNICATION FAILURES, ORIGINATING EITHER WITH REINS® OR ANY OF ITS PROVIDERS OR ANY THIRD PARTY.
16. LIMITATION OF LIABILITY AND DAMAGES
. NOTWITHSTANDING ANY PROVISION OF THIS AGREEMENT TO THE CONTRARY, REINS® AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES, SUB-CONTRACTORS, AFFILIATES, REPESENTATIVES AND AGENTS AND EACH OF THEIR SUCCESSORS AND ASSIGNS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE APPLICATION, THE APPLICATION CONTENT, THIRD-PARTY MATERIALS OR THE USE OF, OR THE INABILITY TO USE ANY OF THE FOREGOING, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE APPLICATION, OR FROM ANY FAULT, OR ERROR MADE BY REINS®’ STAFF OR ANYONE ACTING ON ITS BEHALF, OR FROM YOUR RELIANCE ON THE APPLICATION CONTENT OR THIRD-PARTY MATERIALS, INCLUDING, WITHOUT LIMITATION, CONTENT ORIGINATING FROM THIRD PARTIES, OR FROM ANY COMMUNICATION WITH THE APPLICATION, OR WITH OTHER USERS ON OR THROUGH THE APPLICATION, OR FROM ANY DENIAL OR CANCELLATION OF YOUR USER ACCOUNT OR USE OF THE APPLICATION, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR CONTENT ON THE APPLICATION.
A. NOTWITHSTANDING ANY PROVISION OF THIS AGREEMENT TO THE CONTRARY, YOU ACKNOWLEDGE AND AGREE THAT THE TOTAL, AGGREGATE AND COMPLETE LIABILITY OF REINS® AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES, SUB-CONTRACTORS, AFFILIATES, REPRESENTATIVES AND AGENTS AND EACH OF THEIR SUCCESSORS AND ASSIGNS ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE APPLICATION, THE APPLICATION CONTENT AND ANY THIRD-PARTY MATERIALS WILL NOT, UNDER ANY CIRCUMSTANCES, EXCEED THE GREATER OF: (I) TWO-TIMES (2X) THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU TO REINS® FOR THE APPLICATION (IF ANY) DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY; AND (II) FIVE DOLLARS AND 00/100 ($5.00).
B. THE LIMITATIONS SET FORTH IN SUBSECTIONS (A) AND (B) ABOVE OF THIS SECTION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL APPLY EVEN IF REINS® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES. IN SUCH JURISDICTIONS, REINS®’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
17. Indemnification. You shall indemnify, defend and hold harmless REINS® and its officers, directors, managers, employees, shareholders and contractors, representatives of any of the foregoing entities,, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, expenses, damages, costs (including deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, and expenses of whatever kind, including attorneys' fees, arising out of or relating to: (a) your use or misuse of the Application; (b) your breach of this Agreement; and/or (c) Your Content.
18. Export Regulation. The Application may be subject to United States of America export control laws, including the Export Control Reform Act and its associated regulations. Use of the Application is not permissible in any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You represent and warrant that: (a) you are not 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 (b) that you are not listed on any U.S. Government list of prohibited or restricted parties. You shall not, directly, or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Application available outside the United States of America. You are solely responsible for such compliance.
State of Florida, United States of America, notwithstanding any principles of conflicts of law. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. The parties hereto agree that this Agreement shall not be governed by the Uniform Computer Information Transactions Act (“UCITA”) should UCITA or any similar legislation be in force or later enacted in any jurisdiction governing this Agreement.
20. No Relationship. This Agreement and your use of the Application, including the submission of Your Content and use of the Application Content and Third-Party Materials, do not, and shall not be construed as creating any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship in any way and of any kind between the parties hereto. Your use of the Application and its Application Content and any Third-Party Materials is intended for your personal and private enjoyment and benefit.
Dispute Resolution. You and REINS® agree that this Agreement involves and impacts interstate commerce. REINS® and you knowingly, voluntarily and irrevocably agree that any dispute, controversy or claim arising out of or relating to the Application or this Agreement, or this Agreement’s negotiation, performance, execution or breach shall be resolved EXCLUSIVELY by BINDING ARBITRATION by a single arbitrator at a location solely within Duval County, Jacksonville, Florida, under the applicable rules of the American Arbitration Association, which arbitration shall be governed by and enforceable under the Federal Arbitration Act (9 U.S.C. §§ 1-16), and judgment on the award may be entered by any court having jurisdiction thereof. The parties acknowledge and agree that any dispute arising out of or relating to the enforceability or scope of this agreement to arbitrate shall be decided by the arbitrator. All arbitration proceedings shall be conducted and maintained in strict confidence. The parties’ mutual promises contained herein, including to arbitrate certain disagreements, rather than litigate them before courts or other bodies, provide consideration for each other for this entire clause. Each party shall be responsible for its own attorneys’ fees and court costs) claims, actions, inquiries, or investigations of any kind whatsoever arising out of or resulting from your use of the App/Platform, your violation of this Expert Agreement, and any of your acts or omissions that implicate publicity rights, defamation, or invasion of privacy. REINS® reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with REINS® in the defense of such matter. and expenses in connection with such arbitration and any dispute.
Survival. If you have a dispute with one or more other Users, you release REINS®, its 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 our App/Platform. If you are a California resident, you waive California Civil Code Section 1542, which provides:
A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
If you are not a California resident, you waive your rights under any statute or common law principle like California Civil Code Section 1542 that governs your rights in the jurisdiction of your residence.
12. SMS Terms
By registering for the App/Platform, you consent to receive communications from us, which may include calls and text messages to the cellular telephone number you provide to us. For example, we may text you with transactional alerts about your Account. You may also sign up to receive marketing or promotional calls and text messages. Any text messages we send to you are subject to our SMS Terms & Conditions. You may opt out of receiving certain communications by following the unsubscribe options we provide to you. You acknowledge that opting out of receiving communications may impact your use of the App/Platform.
Neither REINS® nor its licensors or suppliers make any representations or warranties concerning any content contained in or accessed through the App/Platform, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the App/Platform. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the App/Platform. Products and services purchased or offered (whether following such recommendations and suggestions) through the App/Platform are provided “AS IS” and without any warranty of any kind from REINS® or others.
YOU ACKNOWLEDGE AND AGREE THAT REINS® DOES NOT HAVE AN OBLIGATION, BUT RESERVES THE RIGHT FOR ANY REASON, (A) TO MONITOR, REVIEW, AND/OR REMOVE POSTS; OR (B) FOR ANY PERMISSIBLE PURPOSE, TO CONDUCT IDENTITY VERIFICATION, BACKGROUND (INCLUDING CRIMINAL BACKGROUND) OR REGISTERED SEX OFFENDER CHECKS ON ANY EXPERT. THE APP/PLATFORM AND CONTENT ARE PROVIDED BY REINS® (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE APP/PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT THE RESULTS OR CONTENT THAT MAY BE OBTAINED FROM THE APP/PLATFORM WILL BE ACCURATE OR RELIABLE OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE APP/PLATFORM WILL MEET YOUR EXPECTATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM REINS® OR THROUGH THE APP/PLATFORM, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE APP/PLATFORM, INCLUDING BUT NOT LIMITED TO ANY CUSTOMER. YOU UNDERSTAND THAT REINS® MAY NOT REVIEW OR VET POSTS. REINS® MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE APP/PLATFORM, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON AND GIVE OR RECEIVE PROFESSIONAL SERVICES. REINS® EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USERS OR THIRD PARTIES.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
14. Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL REINS® (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, HIGHER THAN THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY REINS® TO YOU IN CONNECTION WITH THE APP/PLATFORM IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE APPLICABLE CLAIM. THE LIMITATIONS ON DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN AND ARE MATERIAL TO REINS®’S DECISION TO ENTER INTO THE AGREEMENT BETWEEN REINS® AND YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
THE LIMITATION OF LIABILITY DESCRIBED ABOVE SHALL APPLY FULLY TO RESIDENTS OF NEW JERSEY.
15. Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
a. Initial Dispute Resolution
Our Support Department is available to address any concerns you may have regarding the App/Platform. Our Support Department can resolve most concerns quickly to our users’ satisfaction. The parties shall use their best efforts through this Support process to settle any dispute, claim, question, or disagreement and engage in good faith negotiations which shall be a condition to either party initiating a lawsuit or arbitration. Failure to engage in this process could result in the award of fees against you in arbitration. To adequately engage in initial dispute resolution, each party must notify the other party, in writing, of the facts of the dispute and all damages claimed. Such a writing must be sent to (a) the Expert’s email address on file with REINS®, or (b) REINS® connect@email@example.com, whichever is applicable (“Dispute Notification”). The party receiving the Dispute Notification has thirty (30) days from receipt of the Dispute Notification to respond. The other party then has 15 days to reply to the response.
b. Binding Arbitration
If the parties do not reach an agreed upon solution within a period of 30 days from the time informal dispute resolution begins under the Initial Dispute Resolution provision, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. This agreement to arbitrate is a contract governed by the Federal Arbitration Act, 9 U.S.C. section 1, et seq., and evidences a transaction involving commerce. Specifically, all claims arising out of or relating to this Expert Agreement (including their formation, performance and breach), the parties’ relationship with each other, and/or your use of the App/Platform and any services made available through the App/Platform, shall be finally settled by binding arbitration administered by JAMS in accordance with the provisions of its Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class or representative actions and except that each party will be permitted at least one deposition unless forbidden by JAMS. If for any reason JAMS is unable to administer arbitration, either party may apply to a court to appoint an arbitrator pursuant to 9 U.S.C. section 5.
Except as explicitly set forth in this Section 15, the arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Expert Agreement, including, but not limited to any claim that all or any part of this Expert Agreement is void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment of JAMS administrative or arbitrator fees (including the timing of such payments and remedies for nonpayment). The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator shall also be empowered to consolidate claims raised between the same parties to a single arbitration proceeding. The parties agree that the arbitrator may allow the filing of dispositive motions if they are likely to efficiently resolve or narrow issues in dispute. The arbitrator’s award shall be written and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.
The Streamlined Arbitration Rules governing the arbitration may be accessed at www.jamsadr.com or by calling JAMS at (800) 352-5267. If you commence arbitration in accordance with this Expert Agreement, you will be required to pay $250 to initiate the arbitration. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, the arbitrator may require REINS® to pay the additional cost. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise. If the arbitrator finds the arbitration to be non-frivolous, REINS® will pay the remaining filing and arbitrator fees for the arbitration, provided your claim does not exceed $75,000. For claims above $75,000, fees and costs will be determined in accordance with applicable JAMS rules. The arbitration rules permit you to recover attorney’s fees in certain cases.
Any arbitration demand or counterclaim asserted by either party must contain sufficient information to provide fair notice to the other party of the asserting party’s identity, the claims being asserted, and the factual allegations on which they are based. The arbitrator and/or JAMS may require amendment of any demand or counterclaim that does not satisfy these requirements. The arbitrator has the right to impose sanctions in accordance with JAMS Rule 24 for any claims the arbitrator determines to be frivolous or improper (under the standard set forth in Federal Rule of Civil Procedure 11).
The parties agree that JAMS has discretion to modify the amount or timing of any administrative or arbitration fees due under JAMS’s Rules where it deems appropriate, provided that such modification does not increase the costs to you, and you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by JAMS does not constitute a default, waiver, or breach of this Section 15 while such challenge remains pending before JAMS, the arbitrator, and/or a court of competent jurisdiction.
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
If you are a resident of the United States, arbitration will take place at any reasonable location within the United States convenient for you. You and REINS® agree to submit to the personal jurisdiction of any federal or state court in Florida, to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
d. Class Action Waiver
The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND REINS® AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Notwithstanding any other provision of these terms, disputes regarding the interpretation, applicability, or enforceability of the Class Action Waiver may be resolved only by a court and not by an arbitrator. If there is a final judicial determination that applicable law precludes enforcement of this paragraph’s limitations as to a particular remedy, then that remedy (and only that remedy) must be severed from the arbitration and may be sought in court. The parties agree, however, that any adjudication of remedies not subject to arbitration shall be stayed pending the outcome of any arbitrable claims and remedies.
e. Exception - Litigation of Intellectual Property and Small Claims Court Claims
Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also elect to have disputes or claims resolved in a small claims court that are within the scope of that court’s jurisdiction. Either party may also seek a declaratory judgment or other equitable relief in a court of competent jurisdiction regarding whether a party’s claims are time-barred or may be brought in small claims court in your state and county of residence. Seeking such relief shall not waive a party’s right to arbitration under this agreement.
f. 30-Day Right to opt Out
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to the following email address: firstname.lastname@example.org The notice must be sent within 30 days of February 26, 2022, or your first use of the App/Platform, whichever is later, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt out of these arbitration provisions, REINS® also will not be bound by them.
g. Changes to this Section
REINS® will provide 30 days’ notice of any changes affecting the substance of this Section 15. Changes will become effective on the 30th day. If you continue to use the site after the 30th day, you agree that any unfiled claims of which REINS® does not have actual notice are subject to the revised clause.
16. Venue and Governing Law
For any dispute not subject to arbitration or under the jurisdiction of a small claims court, you and REINS® agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in Florida. You further agree to accept service of process by mail, and hereby waive all jurisdictional and venue defenses otherwise available.
This Expert Agreement and the relationship between you and REINS® shall be governed by the laws of the State of Florida without regard to conflict of law provisions.
17. Links to Third-Party Sites and Services
The App/Platform may provide, or third parties may provide, links to other sites, applications, or resources. Because REINS® has no control over such sites, applications, and resources, you acknowledge and agree that REINS® is not responsible for the availability of such external sites, applications, or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that REINS® shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such site or resource.
Waiver and Severability of Terms of this Expert Agreement. The failure of REINS® to exercise or enforce any right or provision of this Expert Agreement shall not constitute a waiver of such right or provision. If any provision of this Expert Agreement is found by an arbitrator or court of competent jurisdiction (as applicable) to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Expert Agreement remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the App/Platform, or this Expert Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. This statute of limitations provision does not apply to residents of New Jersey. Notice. REINS® may give notice by any means of communication reasonably anticipated to notify you of the information provided. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing or be delivered in a particular manner. You agree that you could store such electronic communications such that they remain accessible to you in an unchanged form. By way of example only, such communication may be a general notice on the App/Platform or via email to the email address listed on your Account. It is your obligation to update your Account information so that we may contact you as may be necessary. Such notice shall be deemed to have been given 48 hours after dispatch. If physical notice (e.g., U.S. Mail) is used, then such notice shall be deemed to have been given 7 days after dispatch. Except as explicitly described in the “Arbitration and Class Action Waiver” section, you may give notice to REINS® (such notice shall be deemed given when received by REINS®) at any time by contacting us in writing through REINS®’s Help Center.
Section Titles. The section titles in this Expert Agreement are for convenience only and have no legal or contractual effect.
Assignment. This Expert Agreement is personal to you, and is not assignable, transferable, or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
No Third-Party Beneficiaries. You agree that, except as otherwise expressly provided in this Expert Agreement, there shall be no third-party beneficiaries to this Expert Agreement.
21. The obligation of confidentiality and indemnity, and all other obligations which by their nature are intended to survive shall survive the termination, cancellation, or expiration of this Agreement.
22. Additional Terms that May Apply to You. If you are downloading the Application from the Apple, Inc. (“Apple”) app store or using the Application on a Device that is an Apple branded product or running Apple’s operating system the following additional terms and conditions apply to you and this Agreement:
Apple is not a party to this Agreement and has no obligation to provide or furnish any maintenance or support services with respect to the Application. You must comply with all applicable third-party terms of agreement when using the Application. In the event of any failure of the Application to conform to any applicable warranty expressly provided to you in this Agreement or under applicable law, if any, you may notify Apple, and Apple may refund the purchase price for the Application to you and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be your sole responsibility. Apple is not responsible for addressing any claims relating to the Application or your possession or use of the Application including, but not limited to: (a) product liability claims; (b) any claim that the Application fails to conform to any applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that the Application or your possession and use of the Application infringes a third party’s intellectual property right. If you have any questions, complaints or claims with respect to the Application, you should direct them to REINS®’ contact information set forth above. Notwithstanding any provision of this Agreement to the contrary, Apple and Apple’s subsidiaries, are third-party beneficiaries of this Agreement, and Apple has the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.
If you are not downloading the Application from the Apple app store or using the Application on a Device that is an Apple branded product or running Apple’s operating system, then this section and the foregoing additional terms and conditions do not apply to you and are of no force or effect.
REINS® is aimed to build our Services with a set of strong privacy principles in mind.
Please also read the End User Agreement (“Terms”), which describes the terms under which you use our Services.
Information We Collect
REINS® receives or collects information when we operate and provide our Services, including when post a question and by disciplines, your number, email and state when using our Services.
Information You Provide
Your Account Information. You provide your mobile phone number to create a REINS® account. You confirm you are authorized to provide us such number.
We retain your messages in the ordinary course of providing our Services to you. Once your messages (including your photos and, voice messages, files). We do not share location information from our servers. To improve performance and deliver media questions more efficiently, such as when many sharing a file, photo, or voice recording, we may retain that content on our servers for a longer period of time. We also offer end-to-end encryption for our Services, which is on by default, when you and the people with whom you. End-to-end encryption means that your messages are encrypted to protect against us and third parties from reading them.
You may provide us with information related to your use of our Services.
Automatically Collected Information
Usage and Log Information. We collect service-related, diagnostic, and performance information. This includes information about your activity (such as how you use our Services, how you interact with others using our Services, and the like), log files, and diagnostic, crash, website, and performance logs and reports.
If you pay for our Services, we may receive information and confirmations, such as payment receipts, including from app stores or other third parties processing your payment via email.
Device and Connection Information.
We collect device-specific information when you install, access, or use our Services. This includes information such as hardware model, operating system information, browser information, IP address, mobile network information including phone number, and device identifiers. We do not collect device location information if you use our location.
Third-Party Providers. We work with third-party providers to help us operate, provide, improve, understand, customize, support, and market our Services. For example, we work with companies to distribute our apps, provide our infrastructure, delivery, and other systems, supply map and places information, process payments, help us understand how people use our Services, and market our Services. These providers may provide us information about you in certain circumstances; for example, app stores may provide us reports to help us diagnose and fix service issues.
How We Use Information.
We use all the information we must help us operate, provide, improve, understand, customize, support, and market our Services.
We operate and provide our Services, including providing customer support, and improving, fixing, and customizing our Services. We understand how people use our Services and analyze and use the information we must evaluate and improve our Services, research, develop, and test new services and features, and conduct troubleshooting activities. We also use your information to respond to you when you contact us.
Safety and Security.
We verify accounts and activity and promote safety and security on and off our Services, such as by investigating suspicious activity or violations of our Terms, and to ensure our Services are being used legally.
Communications About Our Services.
We communicate with you about our Services and features and let you know about our terms and policies and other important updates. We use a rating to evaluate our services and improvements.
Third-Party Banner Ads.
We allow third-party banner ads on REINS®.
Information You And We Share.
You share your information as you use and communicate through our Services, and we share your information to help us operate, provide, improve, understand, customize, support, and market our Services.
Your phone number, email pending and answered questions.
Third-Party Providers. We work with third-party providers to help us operate, provide, improve, understand, customize, support, and market our Services. When we share information with third-party providers, we require them to use your information in accordance with our instructions and terms or with express permission from you.
Assignment, Change of Control, And Transfer
Managing Your Information
If you would like to manage, change, limit, or delete your information, we allow you to do that through the following tools:
You can change your account details to manage certain information in fields and update.
Changing Your Mobile Phone Number.
You update your mobile phone number using Account update feature and click update.
Deleting Your REINS® Account.
You may delete your REINS® account at any time (including if you want to revoke your consent to our use of your information) using our in-app delete account feature. When you delete your account, your undelivered messages are deleted from our servers as well as any of your other information we no longer need to operate and provide our Services.
Law And Protection
We may collect, use, preserve, and share your information if we have a good-faith belief that it is reasonably necessary to: (a) respond pursuant to applicable law or regulations, to legal process, or to government requests; (b) enforce our Terms and any other applicable terms and policies, including for investigations of potential violations; (c) detect, investigate, prevent, and address fraud and other illegal activity, security, or technical issues; or (d) protect the rights, property, and safety of our users.
Our Global Operations
Our OTP Authentication accepts non-U.S. Country codes. The REINS® web app functions for Users and Mentors around the world.
Updates To Our Policy
California Consumer Privacy Act
California residents may learn more about their rights, including how to exercise their rights under the California Consumer Privacy Act of 2018.
5357 Winrose Falls Drive
Jacksonville, Florida 32258