By accessing or using the Site, you agree to be bound by these Terms. If you are agreeing to these Terms on behalf of an entity, by accessing or using the Site you represent that you have authority to bind that entity. If you do not have such authority or you do not agree to these Terms, do not access or use the Site. These Terms sets forth the terms and conditions under which Revolution Populi is willing to provide you the right to access and use the Site. If you do not agree to these Terms, Revolution Populi does not agree to allow you to access or use the Site even if you access or use the Site.
- Definitions. All capitalized terms used in these Terms and defined in the context in which they are used will have the meanings given to them herein. All other terms used in these Terms will have their plain English meaning as commonly interpreted in the United States.
- Modifications. Revolution Populi reserves the right, at any time, to modify the Site, with or without notice to you, by making those modifications available on the Site. Revolution Populi reserves the right, at any time, to modify these Terms, whether by posting a modified version of these Terms on the Site or by providing notice to you as permitted in these Terms. Any modifications will be effective 24 hours following posting on the Site or delivery of such notice to you. You may terminate these Terms at any time if you do not agree to any modification, provided however, that you must also cease accessing or using the Site. You will be deemed to have agreed to all modifications if you continue to access and use the Site following notice of the modification, or following the posting of a modified version of these Terms on the Site.
- Right of Access. Subject to these Terms, Revolution Populi grants to you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Site solely for your own use, and in accordance with all applicable laws.
- Restrictions. You acknowledge that the Site, as well as the databases, software, hardware and other technology used by or on behalf of Revolution Populi to provide the Site, and their structure, organization, designs, trademarks, and underlying data, information, and source code thereof, constitute intellectual property of Revolution Populi. In addition to the other restrictions in these Terms, you will not and will not permit any third party to: (1) modify, make derivative works of, reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code, structure, design, or method of operation for the Site; (2) utilize the Site for any purpose that is illegal in any way or that advocates illegal activity, including any use prohibited under U.S. export controls; (3) interfere in any manner with the operation of the Site or attempt to gain unauthorized access to the Site; or (4) alter, obscure or remove any copyright notice, copyright management information or proprietary legend contained in or on the Site.
- No Maintenance or Support. Revolution Populi is not obligated to provide you any support, maintenance or training relating to the Site. Any modifications, new versions, or new releases of or to the Site provided by Revolution Populi will be treated as part of the “Site” for purposes of these Terms.
- Ownership. Revolution Populi and its licensors retain all rights, title, and interest in and to the Site and all additions and modifications to the Site, including all intellectual property rights therein. Any rights not expressly granted to you hereunder are reserved by Revolution Populi.
- Third Party Services. The Site may provide you the ability to access data, services, and/or software developed, provided, or maintained by you or third-party service providers (collectively, “Third Party Services”). Revolution Populi is not responsible for any Third Party Services, including the connection thereto or the data exchanged with or collected by such Third Party Services. You acknowledge that the access or use of any such Third Party Services is solely at your own risk and hereby waive any and all claims against Revolution Populi with respect to such Third Party Services.
- Warranties. You represent, warrant, and covenant that: (1) you have the legal right and authority to enter into these Terms; (2) you have the legal right and authority to perform your obligations under these Terms and to grant the rights and licenses described in these Terms and in any applicable additional agreement you enter into in connection with these Terms; and (3) you will access and use the Site at all times only as expressly set forth in these and in strict compliance with these Terms.
- Disclaimer. YOU ACKNOWLEDGE THAT THE SITE IS PROVIDED BY REVOLUTION POPULI “AS IS” AND “AS AVAILABLE,” WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR COVENANTS OF ANY KIND. REVOLUTION POPULI EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND COVENANTS, WHETHER EXPRESSED OR IMPLIED, REGARDING THESE TERMS AND THE SITE, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, REVOLUTION POPULI DOES NOT REPRESENT OR WARRANT THAT THE SITE WILL MEET ALL OF YOUR REQUIREMENTS OR BE UNINTERRUPTED, SECURE, COMPLETE, ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY REVOLUTION POPULI OR ITS AGENTS OR REPRESENTATIVES WILL CREATE ANY REPRESENTATIONS, WARRANTIES OR COVENANTS UNLESS CONFIRMED IN WRITING BY REVOLUTION POPULI AS AN AMENDMENT TO THESE TERMS.
- Indemnification. You will indemnify, hold harmless and defend Revolution Populi (and its officers, directors, employees, contractors, and agents) from and against any damages, liabilities, losses, costs and expenses (including reasonable attorneys’ fees) incurred in connection with or as a result of (1) your use of or access to the Site, including, without limitation, any data, information, content, or results generated through the Site, whether or not in breach of these Terms; (2) your actual or alleged breach of any provision of these Terms; or (3) damage to property or injury to or death of any person directly or indirectly caused by you.
- Limitation of Liability. IN NO EVENT WILL REVOLUTION POPULI BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE OR ACCESS THE SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST, CORRUPTED OR ALTERED DATA OR INFORMATION, LOSS OF USE OF DATA OR INFORMATION, RECOVERY OF DATA OR INFORMATION, OR LOSS OR INTERRUPTION OF BUSINESS OR PROFITS, EVEN IF REVOLUTION POPULI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES AND WHETHER OR NOT SUCH LOSSES OR DAMAGES ARE FORESEEABLE. IN NO EVENT WILL THE LIABILITY OF REVOLUTION POPULI RELATING TO THESE TERMS, THE SITE, OR ANY RESULTS OBTAINED FROM THE USE OF OR ACCESS TO THE SITE, EXCEED $50.00. IN STATES WHERE LIMITING LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT PERMITTED, REVOLUTION POPULI’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- Data Privacy. “Your Data” means all data, information, and content imported or submitted to or through the Site by you in connection with your use of the Site. You exclusively own and retain all rights, title and interest in and to Your Data. You hereby grant to Revolution Populi and its authorized representatives and contractors a non-exclusive, perpetual, transferable, irrevocable, and sublicensable right and license to use, process, store, and transmit Your Data in the service of the development and administration of its products and services and to market to you.
- Equitable Relief. You acknowledge and agree that due to the unique nature of the Site there can be no adequate remedy at law for any breach of your obligations hereunder, that any such breach may allow you or third parties to unfairly compete with Revolution Populi resulting in irreparable harm to Revolution Populi, and therefore, that upon any such breach of these Terms or threat thereof, you will not oppose any attempt by Revolution Populi to obtain, in addition to whatever remedies it may have at law, an injunction or other appropriate equitable relief without making any additional showing of irreparable harm (and you agree to support the waiver of any requirement that Revolution Populi be required to post a bond prior to the issuance of any such injunction or other appropriate equitable relief).
- Notice. Unless otherwise specified in these Terms, any notices required or allowed under these Terms will be provided to Revolution Populi by email to: email@example.com Attn: Legal in the subject line, or by postal mail to: Revolution Populi, 1 Liberty Street, Floor 3, New York, NY 10006. Attn: Legal. Revolution Populi may provide you with any notices required or allowed under these Terms by sending you an email to any email address you provide to Revolution Populi in connection with your use of the Site, provided that in the case of any notice applicable both to you and other users of the Site, Revolution Populi may instead provide such notice by posting it on the Site. Notices provided to Revolution Populi will be deemed given when actually received by Revolution Populi. Notice provided to you will be deemed given 24 hours after posting to the Site or sending via e-mail.
- Arbitration. Any disputes, controversies, or claims arising under, out of, or relating to these Terms, including the formation, validity, binding effect, interpretation, performance, breach, or termination of these Terms and the arbitrability of the issues submitted to arbitration hereunder and non-contractual claims relating to these Terms (each, a “Dispute”), shall be settled through binding arbitration under the arbitration of the American Arbitration Association (“AAA”) then in effect (the “Rules”). The arbitration will be conducted before one neutral arbitrator. The arbitration will be conducted exclusively in the English language at a site specified by Revolution Populi in the State of New York, U.S.A. The award of the arbitrator will be the exclusive remedy of the parties for all claims, counterclaims, issues or accountings presented or plead to the arbitrator. Judgment on the award may be entered in any court or governmental body having jurisdiction thereof.
- General. These Terms will be governed by the laws of the State of New York, without regard to conflicts of law principles thereof. The parties expressly waive any applications of the U.N. Convention on Contracts for the International Sale of Goods with respect to the performance or interpretations of these Terms. These Terms supersede any and all oral or written agreements or understandings between the parties, as to the subject matter of these Terms. The waiver of a breach of any provision of these Terms will not operate or be interpreted as a waiver of any other or subsequent breach. If any provision of these Terms is held by an arbitrator or court of competent jurisdiction to be unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions of these Terms will continue in full force and effect. The parties are independent contractors, and nothing in these Terms will be construed as creating an employer-employee relationship, a partnership, or a joint venture between the parties. Neither party is an agent of the other and neither party is authorized to make any representation, contract, or commitment on behalf of the other party. No term of these Terms will be construed to confer any third-party beneficiary rights on any non-party to these terms. Each and every right and remedy hereunder is cumulative with each and every other right and remedy herein or in any other agreement between the parties or under applicable law. You may not assign or delegate, whether by operation of law or otherwise, these Terms or any of its rights or obligations under these Terms to any third party without the prior written consent of Revolution Populi. For the purposes of this Section, any change of control of you will be deemed an assignment. Any assignment in violation of the foregoing will be null and void, and will be considered a breach of these Terms. Revolution Populi will not be liable for any failure in performance under these Terms to the extent that such failure results from causes beyond Revolution Populi’s reasonable control.