The information in this report are based on projections estimated using the data sources provided in the FAQ. Projections are estimations of future trends modeled through analyses of current and historical data. RealChange uses its reasonable efforts to provide projections and does not in any way guarantee the accuracy of any such projections, and RealChange, LLC disclaims any liability resulting from the use of the report, which is intended only to provide projections to you.
1. THESE TERMS
These are terms and conditions (the “Terms”) controlling the use of our site realchangereports.com (the “Site”) through which we supply services and digital content to you. Please read these terms carefully. These terms tell you who we are, how we will provide products and services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss. You understand that by using our Site, you agree to these terms. RealChange may modify these Terms by providing notice to you. IF YOU DON’T AGREE WITH ANY PROVISION OF THESE TERMS, YOU MAY NOT ACCESS THE SITE.
2. INFORMATION ABOUT US AND HOW TO CONTACT US.
2.1 Who we are. We are RealChange LLC, a Maine business (“RealChange”, “our”, “us” or “we”), the operator of realchangereports.com (the “Site”). Our company mailing address is 55 Fessenden St Apt 2, Portland ME 04103 United States. RealChange provides its clients with access to a suite of natural hazard and climate risk assessment tools such as tools for reporting and analytics (collectively, the “Services”).
2.2 How to contact us. You can contact us by writing to us firstname.lastname@example.org or RealChange LLC, 55 Fessenden St Apt 2, Portland ME 04103 United States.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provide to us.
3. OUR CONTRACT WITH YOU.
3.2.1 Technical Support. RealChange shall provide technical support to you as necessary for you to access our Services as a Client User.
3.2.2 Term, Price and Payment. Your access to the Services commences when you pay the fee resulting from your order as set forth on our Site’s payment page and become a Client User. RealChange uses a third-party payment processor and does not have access to your payment information and does not store details of client payments.
3.3 Right to Use Services. Subject to all the terms and conditions of these Terms, we will provide Client Users with a non-exclusive, non-transferable, non-sublicensable right to access to the Services and the Site solely as set forth in these Terms and in the manner set forth on the Site, through the Internet, solely for the Client User’s internal use. In the event of any conflict between these Terms and the Site, these Terms shall prevail. Any use of the Services other than as set forth in these Terms and any policies referenced herein will result in suspension or revocation of your use privileges in our sole discretion.
3.4 Additional Services. Unless explicitly stated otherwise, any new features that improve or enhance the currently offered Services, including the release of new RealChange services, shall be subject to these Terms.
3.5 3rd Party Services. RealChange reserves the right to use third-party service providers in the provisions of part or all of the Services including, but not limited to, information and communication services, map and cartography services, analytics services, hosting providers, payment processing services, internet advertising platforms, invoicing services, advertising service providers and platforms. Where any of the aforementioned services are provided by third parties, the Subscriber may be subject to such third party’s terms and conditions. We accept no responsibility for services provided by any third party.
3.6 Suspension or Termination of Services. Notwithstanding anything stated or implied to the contrary in these Terms, we may at any time, without derogating from our other rights under these Terms, Applicable law or otherwise, terminate or suspend any or all of the Services, effective immediately upon issuance of a written notice. Such suspension or termination may also apply, as the case may be, to specific jurisdiction, lines of business and otherwise or to a specific customer or a group of Subscribers. Notwithstanding the foregoing, solely with respect to Client Users of paid Services, whenever reasonably possible, such Client Users may be given up to thirty (30) days after notice of suspension or termination of their Client User account to back-up the data stored in their account before it may be removed entirely from our servers. RealChange’s direct competitors are prohibited from accessing the software and/or services provided by RealChange, except with RealChange’s prior express written consent. In addition, the software and services may not be accessed for the exclusive purpose of collecting or monitoring performance, data, or functionality, or for any other benchmarking or competitive purposes.
3.7 Access to Systems. Access, if any, to the RealChange’s computers, telecommunication or other information systems (“Systems”), including but not limited to local machines and machines that are hosted at 3rd party hosting companies, is limited to those specific systems, time periods, and personnel as are reasonably needed to effect the purpose these Terms.
3.8 Access to User Account. User gives RealChange permission to view data and take actions within Customer’s RealChange account for the purpose of delivering the Services, including support, maintenance, and onboarding, as well as to make design choices relating to the technical administration of the Services, for example, how the Service backs up data to keep it safe. User may request RealChange to perform actions within Client User’s RealChange account, and in doing so hereby grants RealChange the limited permission to view, create, and modify Client User’s Data in Client User’s RealChange account to fulfill the request, with no limitations. While not limited to the following, additional examples of the permissions encompassed in this section are: viewing or acting within an account to reproduce an issue or bug, creating new projects, easing the onboarding process, merging metadata, exporting data to produce a custom report, etc.
3.9 Your Responsibilities. You are solely responsible for your subscription/account and the activity that occurs while signed into or while using your subscription/account. If you sign up for the Services, you will create a personalized account which includes a unique username and a password to access the Services and to receive messages from RealChange. You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. RealChange will not be responsible for any liabilities, losses, or damages arising from the unauthorized use of your computer (or any computing device) or your account. Specifically, you are responsible and liable for all uses of the Service resulting from access provided by you, directly or indirectly, whether such access or use is permitted by or in violation of these Terms. Without limiting the generality of the foregoing, you are responsible for all acts and omissions of employees and agents of Client User that are authorized to use the software (“Authorized Users”), and any act or omission by an Authorized User that would constitute a breach of these Terms if performed by Client User. Client User shall make all Authorized Users aware of these Terms as applicable to such Authorized User’s use of the Services, and shall cause Authorized Users to comply with such provisions.
3.10 Your Use and Restrictions. You are responsible for all use of the Site and for all use of your credentials, including use by others to whom you give your credentials. You may use the Site and the Services for lawful purposes only. You may not use the Site in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Site or the Services. You may not attempt to gain unauthorized access to any of the Services, user accounts, or computer systems or networks, through hacking, password mining or any other means. Without limiting any of the foregoing, you agree that you shall not (and you agree not to allow any third party to use your credentials to): copy, modify, adapt, translate, or reverse engineer any portion of the Site, its content or materials and/or the Services; remove any copyright, trademark or other proprietary rights notices contained in or on the Site and/or the Services or in or on any content or other material obtained via the Site and/or the Services; use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Site and/or the Services; reformat or frame any portion of the web pages that are part of the Site and/or the Services; create user accounts by automated means or under false or fraudulent pretenses; collect or store personal data about other users in connection with the prohibited activities described in this paragraph; or use any means, including software means, to conduct web scraping of any portion of the Site, its content or materials and/or the Services.
3.11 Indemnification. You agree that RealChange is not responsible for any harm that this Site or the Service may cause. Upon request by us, you agree to indemnify, defend and hold us, our employees, contractors, officers, directors, agents, parent, other affiliated companies, suppliers, vendors, contractors, agents, successors, and assigns harmless from and against any and all liabilities, claims, demands and expenses, including attorney’s fees, made by any third party that arise from or are related to (a) your access to the Site, (b) your use of the Services, or (c) the violation of these Terms or any intellectual property or other right of any person or entity, by you or any third party using your credentials.
3.12 Data. RealChange is not responsible for any loss of data resulting from accidental or deliberate deletion, network or system outages, file corruption, or any other reasons. We also reserve the right to deny service to offenders of these guidelines and to terminate or deny service to anyone for any reason or no reason.
3.13 Electronic Notices and Agreements. Your use of this Site and/or registering for the Site or the Services constitutes your electronic signature to these Terms, which includes our Privacy and Cookie Policies, and your consent to enter into agreements with us.
3.14 Changes. We may change these Terms at any time, as we reasonably deem appropriate. Upon any change in these Terms, we will post the amended agreement on the Site and the date such amended agreement is effective. Your continued use of the Site and/or the Services following such posting shall constitute your affirmative acknowledgement of the Terms, the modification, and agreement to abide and be bound by the Terms, as amended. If at any time you choose not to accept these Terms, including following any such modifications hereto, then you may not use the Site.
3.15 Copyright and Limited Use. The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by RealChange, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Terms permit you to use the Site and the Services. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any portion of our Site, except as follows: Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials. You may store files that are automatically cached by your Web browser for display enhancement purposes. If we provide social media features with certain content, you may take such actions as are enabled by such features. You must not:
Modify copies of any materials from this Site.
Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Site.
If you wish to make any use of material on the Site other than that set out in this section, please address your request 1to: email@example.com
If you provide any other person with access to any part of the Site in breach of the Terms, your right to use the Site and the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. All rights to the Site and the Services not expressly granted are reserved by RealChange. Any use of the Site or the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
3.16 Trademarks. RealChange’s name, logo and all related names, logos, product and service names, designs and slogans are trademarks of RealChange or its affiliates or licensors. You must not use such marks without the prior written permission of RealChange. All other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners.
3.17 Disclaimer. If you believe that any material on the Site infringes upon any copyright, which you own or control, please contact RealChange at: firstname.lastname@example.org
3.18 Links from the Site. If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
4. REGISTRATION AND ACCOUNT
4.1 Use of the Services. You may use the Services either as a registered or as an unregistered user. However, you may not use the Services, either as a registered or an unregistered user if you are not of legal age to enter into a contract in your jurisdiction or if you don’t have the authority to accept these Terms. Please do not attempt to register for the Services or send any information about yourself to us, including your name, address, telephone number, or email address if you are under 18. If it comes to our attention that we have collected personal information from anyone under age 18 without verification of parental consent, we will delete that information as quickly as possible. Registering as a Client User provides you with the additional benefits over using the Services in a visitor (non-registered) capacity, including but not limited to, access to additional services.
4.2 User Representations. By using the Services, you represent and warrant that (a) all information you submit during registration is truthful and accurate; (b) you will maintain the accuracy of such information; (c) your use of the Services does not violate any applicable law or regulation; and, (d) you are at least 18 years of age and have the capacity and authority to accept and be subject to these Terms and the policies referenced herein;
4.4 Registration. To register as a Client User, you have to create a user account on the Site by following the registration process and instructions set forth therein.
4.5 Billing. In order to access certain paid features of the Services, you will be required to provide billing details. As a registered Client User, you agree to notify us promptly of any changes to your billing details, and update your user account information accordingly.
4.6 Login, Password and API secret Key. You are solely and fully responsible for the secure storage of all of your RealChange user accounts, including, but not limited to, your Client User login, password and API secret key. The API secret key is a secure access token provided by RealChange that provides you access to your User account (the “API Key”), and some of its services. You agree not to share your Secret API Key with any third parties and are solely responsible for all repercussions of sharing, losing or compromising your secret key.
4.7 User Account Responsibilities. You are responsible for all of the following with respect to your use of the Services:
4.7.1 obtaining access to the Services, and that access may involve third-party fees (such as Internet service provider or airtime charges);
4.7.2 maintaining the security of your User account and all of the activity that occurs on your Client User account;
4.7.3 maintaining accurate account information at all times, including a valid email address and billing information and updating such information as necessary; and
4.7.4 obtaining and maintaining all equipment necessary to access the Services.
4.8 Client User Content. You confirm you (i) own all rights in and to any content uploaded or provided by you, or imported, copied or uploaded by RealChange for you (“User Content”), including any images, designs, videos, animations, audio files, fonts, logos, code, illustrations, compositions, artworks, interfaces, usernames, information you provide for the purpose of creating a subdomain name, text, literary works and any other materials (“Content”), or otherwise have (and will continue to have) the full power, title, licenses, consents and authority, in and to the User Content, as necessary to legally access to, import, copy, use, publish, transfer or license such User Content, by you and us or any of our affiliates; (ii) you have (and will maintain) the full power, title, licenses, consents and authority to allow us to access any websites, web pages and/or other online services, for the purpose of importing, copying, displaying, uploading, transmitting and/or otherwise using, your User Content; (iii) the User Content is and must remain true, current, accurate, non-infringing upon any third party rights, and in no way unlawful for you to upload, import, copy, possess, post, transmit, display or otherwise use, in the country in which you or your User Platform’s visitors and users (“End Users”) reside, or for RealChange and/or your End Users to access, import, copy, upload, use or possess in connection with the RealChange Services; (iv) you have obtained all consents and permissions required under all applicable laws, regarding the posting, transmission and publication of any personal information and/or image or likeness of any person, entity or property which is part of the User Content, and you will adhere to all laws applicable thereto. (v) Be solely responsible and liable with respect to any of the uses of the RealChange Services which occur under your User Account, and for any of your User Content (including for any consequences of accessing, importing, uploading, copying, using or publishing such User Content ; (vi) you shall own all intellectual property pertaining to your User Content and to any other materials created by you, including to any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, code, interfaces, text and literary works. RealChange does not claim ownership rights on your content. For the sole purpose of granting you the service, You know and agree that we will need to access, upload and/or copy your User Content to our platform, including cloud services and CDN’s, to display, to duplicate for backup and perform any other required actions and/or uses required to perform our services, as we deem fit. This in no way gives you any right over RealChange’s Intellectual Property. All User Content does and will comply with these Terms and We are not responsible, or liable to any third party, for the content or accuracy of any User Content posted by you or any other user of the Site..
4.9 Compliance with Laws. The Client User represents, warrants and covenants that the User and its employees will not produce content or otherwise use the Service in a manner that (i) infringes or violates the intellectual property rights or property rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; or, (iv) contains a virus or other harmful computer file, or program. Further, the Client User represents, warrants and covenants that the Client User, in performance of its obligations and/or exercise of its rights pursuant to these Terms , will comply with all applicable laws and regulations. The Client User further acknowledges that Client User is responsible for all employee activity in connection with use of the Client User’s Services and that fraudulent, abusive, or otherwise illegal activity is grounds for termination of the Services.
4.10 Prohibited Uses. You are expressly prohibited from using the Services for any of the following purposes or in any of the following ways:
Illegal Purposes. You may not use the Services for any illegal or unauthorized purpose, including in any way that violates copyright or other applicable laws.
Tampering. You will not upload or transmit viruses, worms or any other destructive code. You may not use the Services in a way that is detrimental to the access or use of the Services by anyone else or to the operation of the Services. The restriction in this Section applies to any use that interferes or attempts to interfere with the normal operations of the Services, including by deleting, hacking, augmenting or altering the Services.
Permission Required. You may not, without our prior written permission and, solely with respect to lease, resale and sublicense, except as may be specifically allowed under your paid subscription plan, (i) copy, distribute (including by framing any of the Services on any website), modify, enhance, translate, reproduce, sell, resell, sublicense, rent, lease, crawl, or otherwise attempt to exploit the Services or any data resulting therefrom; (ii) disassemble, decompile, reverse engineer, or otherwise attempt to discover the source code; (iii) remove, obscure, or alter any copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Website or Services; (iv) make derivative works of the Services; (v) modify another website so as to falsely imply that it is associated with the Services, RealChange or any other
Requests. Unless you currently subscribed to the “Enterprise” plan, you agree not to forward (i) more than 10 requests per 1 second from one unique IP address, (ii) more than 10 simultaneous inquiries from 1 User, or (iii) more than 3 simultaneous export inquiries.
Programmatic Requests. Unless you are using the API, all automatic inquiries are prohibited, this includes, without being limited to, the usage of crawling and scraping scripts.
4.11 Testing or Special Access. If you are invited or provided with access to beta testing new tools and resources, which are not made available to our users broadly (“closed beta”), you should not rely on, nor expect, the continued availability of these resources and tools. Any such access to beta test new resources and tools, if there is, is conditioned upon your agreement not to disclose any information about these new resources and tools or your experience of using them to third parties.
4.12 Unregistration. You may terminate your Client User account at any time. Note that doing so might delete all your data and information stored on RealChange servers and we will bear no responsibility for any resulting loss of data or information. All Service fees incurred prior to unregistration will be due and owing until paid in full, such unregistration notwithstanding.
4.13 Assignment. A Client User may not transfer, assign, exchange, pool or barter any of its rights or obligations regarding Client Under’s access to and use of the services or the Client User account, unless expressly permitted by us in writing. Any violation of the foregoing restrictions is grounds for immediate Client User account termination. For changes in access under corporate subscriptions to the Services, we may require from you an explanation of changes in your circumstances, along with confirmation of employment and other relevant documents and reasonable information.
4.14 Termination by RealChange. We reserve the right to terminate any Client User account for abusive or fraudulent activity, for failure to comply with these Terms, or for any other reason in our sole discretion.
If your User Account or any RealChange Services or Third Party Services related to your User Account are cancelled (whether at your request or at RealChange’s discretion), it may cause or result in the loss of certain content, features, or capacity of your User Account, including any User Content, Projects data or other usage data retained therein (“Capacity Loss”). RealChange shall not be liable in any way for such Capacity Loss, or for saving a backup of your User Account, User Content or Projects Data. Please also note that additional Fees may apply to re-activation of a User Account and/or any RealChange Services following their cancellation, as determined by RealChange in its sole discretion.
5. FEES AND SETTLEMENT
5.1 Service Fees. With respect to the paid Services, the Client User will be charged the fees set forth in the relevant section on the RealChange Site located at our pricing page or as otherwise offered on the Site for a particular payment or subscription plan (the “Fees”). The Fees, unless explicitly shown during the process of purchasing a subscription plan and following confirmation thereof, are exclusive of value added tax and any additional or other taxes, charges or duties which may be imposed with any and all payments made or due and shall, if applicable, be borne, respectively registered and duly declared by Client User.
5.2 Change in Fees. We may change the Fees and/or introduce new charges in addition to the Fees in our sole discretion upon thirty (30) days’ prior written notice to the User. Notwithstanding the foregoing, we may increase the Fees, immediately and with contemporaneous notice, in the event of (a) any change in the services or fees of our third party service providers; (b) changes in the Services which are made at your request; or (c) delays and/or other issues due to Client User failure to fulfill Client User obligations or due to Client User request to delay work for any reason; or (d) in the event of a change in our pricing structure.
5.3. Payment. Any Fees shall be prepaid one month, one year or two years in advance, or as otherwise offered on the Site for a particular subscription plan, at the option of the Client User by credit card or another payment method accepted on the Website. All prepaid amounts and Service plans will be reflected in the Client User account. Any bank fees and charges shall be borne solely by Client User. When opting for a subscription, the Client will be billed every month by our payment processor, until the Client cancels his subscription on the Subscription page.
5.4 Credits. Any credits due to a Client User will be applied on the next invoice against amounts then due. If there are no future invoices expected, RealChange will issue a payment to Client User for credits due.
5.5 Promotional Giveaways. Occasionally we may offer promotional giveaways of the Services, subject to the rules that are announced at the time of any such promotional event. Client Users shall bear sole responsibility for any and all income tax consequences that may result from their winning any such giveaway. Furthermore, if required by applicable laws, Client User agrees to submit to us duly completed tax forms, to enable us to make all required filings with tax authorities.
5.6 Refund policy. Our paid Services are provided on a prepaid basis. Client Users may discontinue their use of any Services at any time in accordance with the instructions posted on the Site. The date and time of any cancelation of paid Services shall be the date and time on which the Client User completes the full cancelation process, or sends a cancellation request to our team by email. We do not provide refunds for used or remaining credits.
5.7 Abusive and/or repeated registrations or/and subscriptions for paid Services and cancellations, followed by requests for refunds, by a Client User may, in our sole discretion, be deemed to be in bad faith, and we reserve the right to withhold Service to any such offending Client User and refuse any refund otherwise available to such Client User.
6. OWNERSHIP AND INTELLECTUAL PROPERTY; USE OF TRADEMARKS
6.1 All Rights Reserved. Client User acknowledges and agrees that all rights, title, and interest to, any and all intellectual property rights of all types or nature whatsoever, including, without limitation, patent, copyright, trademark, database rights as well as moral rights, know-how and trade secrets (and any licenses in connection with any of the same), whether or not registered or capable of registration, and whether subsisting in any specific country or countries or any other part of the world, in the Services, the platform used to provide the Services (technology, hardware, software, etc.), any code or software (SDK, API, etc.) which may be provided to Client User or for Client User’s use subject to these Terms and any work products created and/or delivered herein and related documentation (forming the RealChange Website and Services) are and will remain solely and exclusively the property of RealChange, RealChange licensors or affiliates. Client User is granted no title or ownership rights in the RealChange Website or Service. Client User’s right to use the Site, Services and any part thereof is strictly limited to the provisions of these Terms and we reserve all rights not expressly granted herein.
6.2 RealChange Trademark. RealChange™ is a registered trademark. Other marks, graphics, icons, names and logos used or displayed on or through the Site are trademarks, trade dress and/or service marks (“Trademarks”) of us and our affiliates and subsidiaries or otherwise are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us and may be subject to such third parties’ terms and conditions. Client User may not use any metatags or any other “hidden text” utilizing any of the aforementioned trademarks, trade dress and/or service trademarks without our and respective owner’s prior written permission. Client User’s right to use the trademarks is strictly limited to the manner of use as instructed and approved by us, which right may be revoked or changed at any time at our (or the respective owners’ or licensors’) sole discretion. Client User will accordingly change or remove such display of materials immediately upon request by us or the respective mark owners or licensors. Client User acknowledges and agrees that Client User shall not contest the ownership of the trademarks on the Site for any reason. Client User’s use or display of trademarks will terminate effective upon the termination of the Services, suspension of the Services or upon notification by us or the respective owner or licensor to discontinue such use or display.
6.3 Blind Data. Notwithstanding anything to the contrary, RealChange will be free (during and after the term hereof) to, without any obligation to the Client User to collect, develop, create, extract, compile, synthesize, analyze and commercialize statistics, benchmarks, measures and other information based on “Aggregated Data.” “Aggregated Data” means Client User Data that is: (i) anonymized by removing personal data or information; (ii) combined with the other data; and (iii) presented in a way that does not reveal the Client User’s or any Client User’s identity.
6.4 User’s Trademarks. Client User hereby grants us a worldwide, non-exclusive, unlimited and royalty-free license to use Client User’s brands, names, logos, trademarks, trade names, and service trademarks as used by Client User for informational and advertising purposes only.
6.5 Feedback. Notwithstanding anything to the contrary, if the Client User or any of its employees or contractors provide us with any ideas, suggestion(s), enhancement requests, feedback and/or recommendation(s) regarding the Services, including without limitation, new and/or improved features or functionality relating thereto (”Feedback”), RealChange is free to use and disclose such Feedback without any obligation to the Client User or such employees or contractors and to incorporate into any existing or future products, services or features. Client User hereby assigns all of Client User’s right, title, and interest in such idea, suggestion, comment, or feedback to RealChange and agrees that RealChange will be free to use and implement same, without restriction or obligation of any kind, without, however, any obligation to do so.
IF ANY TERM OF THIS SECTION 6 CONFLICTS WITH ANY OTHER TERM CONTAINED IN THESE TERMS, SECTION 6 SHALL CONTROL.
7.1 Termination Right. Either party may terminate the Services at any time. Client User shall provide 30 days notice that Client User is terminating Client User’s access to the Services.
7.2 Effect of Termination. Upon termination of the Services, all rights of the Client User in connexion with the use of Site or Services shall terminate immediately.
7.3 Survival. Upon any termination of the Services for any reason, all provisions regarding indemnification, warranty, liability and limits thereon, and confidentiality and protection of proprietary rights and trade secrets, and any provisions which expressly or by their nature are required to survive such termination in order to achieve their purpose, shall so survive until it shall no longer be necessary for them to survive in order to achieve their purpose.
8. WARRANTY DISCLAIMER & LIMITATION OF LIABILITY
8.1 Disclaimer. EXCEPT WHERE PROHIBITED BY LAW, THE SERVICES AND THE WEBSITE ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES OR THE WEBSITE (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. WE FURTHER MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THE CONTENT ON ANY SITES LINKED TO ON THE WEBSITE. FURTHERMORE, UNDER NO CIRCUMSTANCES SHALL THE CONTENT RELATED TO RISK ASSESSMENTS ON THE WEBSITE BE CONSIDERED ACCURATE.
8.2 Geographic Restrictions. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site and Services for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER REALCHANGE NOR ANY PERSON ASSOCIATED WITH REALCHANGE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER REALCHANGE NOR ANYONE ASSOCIATED WITH REALCHANGE REPRESENTS OR WARRANTS THAT ITS SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVICES OR THE SERVER THAT MAKES THESE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE ITEM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
REALCHANGE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
8.3 Limitation of Liability. In no event shall RealChange, its officers, directors, employees, or agents, be liable to you or to any third party for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever arising from or related to either the use of the Services or the Site. Our liability to you for any damages arising from the use of the Services or the SIte, will at all times be limited to the greater of (a) fifty dollars ($50) or (b) amounts you have paid to us in the prior 12 months (if any). The existence of more than one claim will not enlarge this limit. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
8.4 Third Party Products and Services. RealChange does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Site or any hyperlinked website or featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.
8.5 Other Jurisdictions. We make no representations that the Services or the Site are appropriate or available for use in all locations. Those who access or use the Services or the Site from jurisdiction prohibiting such use, do so at their own risk and are responsible for compliance with local law.
You agree to defend, hold harmless and indemnify RealChange and its officers, directors, employees and, agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your use of and access to the Services and the Site; (b) your violation of any of these Terms; or (c) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive the termination of your use of the Services and the Site.
10. EXPORT RESTRICTIONS
Exports, re-exports, and transfers of RealChange services, including software, software source code, technology, technical data, related technology, and the direct products thereof, including the Website content and the Services (the “RealChange Data”) are subject to US export controls and sanctions, the most important of which are administered by the Commerce Department’s Bureau of Industry and Security (“BIS”) under its Export Administration Regulations (“EAR”), the Treasury Department’s Office of Foreign Assets Controls (“OFAC”) under its Foreign Assets Control Regulations, and other applicable export control laws and regulations of non-U.S. government agencies. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the RealChange Data in violation of any such restrictions, laws or regulations, or without all necessary approvals, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction nor will you use the RealChange Data for a military end-use or a military end-user in China, Russia or any other country designated in EAR Supplement No. 1 to Part 740, Country Group D1. You may not access, download, distribute, use, export, or re-export the RealChange Data in violation of United States export laws or regulations, or in violation of any other applicable laws or regulations. RealChange Data may not be downloaded or otherwise provided or made available, either directly or indirectly, (i) into Iran, Libya, North Korea, Sudan, Myanmar, Syria or any other country subject to U.S. trade sanctions, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Table of Denial Orders. By agreeing to these Terms, you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list and that you will not share RealChange Data with anyone whose status is described in items (i) and (ii) above.
11. GENERAL PROVISIONS
11.1 Assignment. These Terms, any part thereof or any rights or obligations under it may be assigned by us without restriction or limitation, but may not be novated, assigned, outsourced or transferred by you without our advance written consent. Any assignment or transfer in violation of the aforementioned provisions shall be deemed null and void. Subject to the forgoing, these Terms shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.
11.2 Electronic Notices. You agree to receive communications (“Electronic Notices”) from us in an electronic form. Electronic notices will be delivered to your email address, which you used for registration purposes, as it may be subsequently changed by you by written notice to us. All communications in electronic format will be considered to be “in writing” and to have been received on the day that we send them. You may not be able to change your email address after you register. In case you require to change your email address, you may need to create a new account. We reserve the right, but assume no obligation, to provide communications in paper format.
11.3 Cas de Force Majeure. We shall not be liable for failing or delaying performance of our obligations resulting from any condition beyond our reasonable control, including but not limited to, use of third parties’ equipment or services, communications failure, governmental action, war, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.
11.5 Languages. The language of these Terms is English, which prevails over any translations of it to other languages, made by us and provided to you for your convenience, as applicable. The Service is designed in the English language and its translations into other languages may contain inaccuracies for which we shall not bear any responsibility; we suggest using the English version and resorting to versions in other languages only for references and at your own risk. You also agree to have all communications with us in English.
11.6 Severability. All the provisions of these Terms are distinct and severable. If any provision of these Terms (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, unenforceable or illegal, this shall not impair the operation of these Terms or affect the other provisions which are valid.
11.7 No Waiver. No failure or delay by a party to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that (or any other) right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that (or any other) right or remedy; and will not be construed as a waiver of any subsequent breach or default under the same or any other provision of these Terms.
RealChange acts in accordance with its interpretation of the Digital Millennium Copyright Act (“DMCA”). If you believe that your work has been copied or was otherwise used in a way that constitutes copyright infringement, you may notify us of such infringement via this form, or otherwise provide the following information in writing to our designated Copyright Agent: (1) the contact details of the person authorized to act on behalf of the owner of the copyright; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit RealChange to locate the material (including URL address); (4) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (5) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.
RealChange’s Copyright Agent can be reached at the contact information contained within the NOTICES article below.
In the event that we receive notice regarding a copyright infringement related to your User Account, it may cancel your User Account, terminate your account or remove any Content in RealChange’s sole discretion, with or without prior notice to the User. In such case, you may file a proper counter-notice in accordance with Section 512 of the DMCA, in which you must include: (1) your full name, address, phone number and physical or electronic signature; (2) identification of the material and its location before removal; (3) a statement under penalty of perjury that the material was removed by mistake or misidentification; (4) your consent to an appropriate judicial body; and (5) any other information required under the relevant provisions of the DMCA. Any notices filed pursuant to this Section 9 may be deemed accepted, applicable and compliant with the DMCA, or not, at RealChange’s sole reasonable discretion. RealChange reserves the right to notify the person or entity providing the infringement notice of such counter-notice and provide any details included therein.
All notices, requests, consents, claims, demands, waivers, and other communications under these Terms (each, a “Notice”) must be in writing and to:
RealChange, Inc., 55 Fessenden St Apt 2, Portland ME 04103
We are always available to be reached by email at email@example.com.
Last updated: January 18, 2021