Terms & Conditions
Rapid Response Marketing's MySolarSavingsToday.com Affiliate Terms & Conditions Agreement
The following Terms of Use (“Terms”) govern your use of our website, which includes news content, blogs, services and advertising or “Sponsored Content” (collectively “Website”). These Terms set forth important details about your relationship with us including restrictions on how you can use our Website and our liability in the event something goes wrong. These Terms of Use also sets out our agreement as to how we will resolve disputes through the use of a binding arbitration and you waive the right to participate in class action litigation.
BY ACCESSING OR USING OUR WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF NOT, PLEASE DO NOT USE OR ACCESS OUR WEBSITE.
We reserve the right to modify the Terms at any time without prior notice to you. We ask that you read these Terms carefully each time you use our Website. All changes to these Terms will be effective from the date posted forward. By using our Website after any change, you accept all new or revised provisions in any revised posted Terms.
1. Privacy Policy Incorporated
We have prepared and posted a Privacy Policy on our Website which governs and informs you of our data collection and use practices. We are incorporating this Policy into these Terms and we are both bound by this policy, which we encourage you to review.
2. Changes to Our Website
You agree and understand that our Website including, all content and sponsored content, may be modified or discontinued at any time, in our sole discretion, without prior notice. All changes are subject to these Terms.
3. Ownership of Intellectual Property
All text, graphics interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code, and content (collectively “Content”) published on the Website is protected by applicable intellectual property laws and is owned or licensed by our website or its licensors. You may not modify, create a derivative work, display, distribute, or exploit, in whole or in part, any of the Content or software contained on, or comprising, our Website without seeking prior written permission from us. You are restricted from using any automated or manual device or process to copy, monitor, index or data mine the Website. Its respective logos, trade dress, and the graphics and layout of the Website are the registered and/or unregistered service marks, trademarks, and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, product names, and company names or logos mentioned on the Website are the property of their respective owners. Nothing in these Terms shall be deemed to grant to you any license or right in or to any other proprietary right of ours pertaining to the products sold on and through our Website.
4. License to Use and Copy
We grant you a limited license to make personal use of content on our Website. This license does not include: (a) any resale or commercial use of content on our Website; (b) the collection and use of any product listing or description on our Website; or (c) use of any data mining, robots, or similar data gathering and extraction methods on our Website.
5. Restrictions on Your Use of our Website
Without limiting the generality of any other provisions of these Terms, you agree you shall not: (i) download, modify, reproduce, adapt, translate, reverse engineer, create derivative works based upon, publicly display, sell, rent, license, or in any way commercially exploit any portion of our Website or Content; (ii) remove any copyright, trademark or other proprietary rights notice contained in or on our Website; (iii) use any robot, spider, search application, or other device to retrieve or index any portion of our Website; (iv) transmit or upload to our Website any software or code containing any virus, worm, defect, Trojan horse, software bomb or other feature designed to damage or degrade the performance of our Website or any computer utilized to access our Website; (v) use our Website to intentionally or unintentionally, violate any applicable local, state, federal or international law; or (vi) collect or store personal or non-personal data about others in connection with our Website.
6. DMCA Notice
If you believe that any item or content on our Website infringes your copyright, you should send written notice of copyright infringement to our designated copyright agent. See our DMCA Notice page for details.
7. Disclaimer
YOU EXPRESSLY AGREE THAT YOUR USE OF OUR WEBSITE, AND THE CONTENT, INFORMATION, ADVICE, SERVICES, PRODUCTS, AND OTHER MATERIALS CONTAINED ON OR DESCRIBED ON OUR WEBSITE IS ENTIRELY AT YOUR OWN RISK, AND THAT ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE MAKE NO, AND HEREBY DISCLAIM ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND/OR USE OF OUR WEBSITE.
8. Limitation on Liability
IN NO EVENT SHALL WE, OUR AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF ANY OF THE FOREGOING, BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES). IN ALL EVENTS, OUR TOTAL MAXIMUM LIABILITY SHALL BE LIMITED TO ONE HUNDRED U.S. DOLLARS ($100.00).
9. Indemnification
You agree to indemnify and hold us harmless including our affiliates, licensors, directors, officers, members, managers, employees, agents, and representatives, from and against any losses, costs, expenses or damages of any nature whatsoever (including attorneys' fees and court costs) arising from any claim, cause of action, suit or demand of any third party due to, arising out of or related to (i) your access to or use of our Website, or (ii) your violation of these Terms of Use.
10. Confidential Binding Arbitration
You agree that by entering into these Terms, you and we are each waiving the right to trial by jury and the ability to participate in a class action. ALL DISPUTES BETWEEN YOU AND US RELATING IN ANY WAY TO OUR WEBSITE WILL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN THE FEDERAL JUDICIAL DISTRICT IN WHICH YOU RESIDE.
If you intend to seek arbitration, you must first send to us, by certified mail, a written Notice of Dispute. The Notice must be addressed to the attention of Legal Counsel.
11. Applicable Law
By visiting our Website, you agree that the laws of Israel, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and us.
12. General Terms
No agency, partnership, joint venture, or employment relationship is created as a result of these Terms. These terms constitute the entire agreement between us. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of the enforcement of such right or provision. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.
