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Revvolution, LLC Terms of Use Agreement

Effective Date: July 11, 2011

Welcome to the Revvolution.com website. The Revvolution.com website, and its associated content and services, (hereinafter "Website") is owned, operated, or provided by Revvolution, LLC (hereafter "Revvolution"). Revvolution has adopted this Terms of Use Agreement (hereinafter "Agreement") to govern and define your rights, duties, and obligations when using the Website.

YOU ARE ADVISED TO CAREFULLY REVIEW THIS TERMS OF USE AGREEMENT BEFORE USING THE WEBSITE. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MUST IMMEDIATELY CEASE YOUR USE OF THE WEBSITE.

1. Changes and Amendments. Revvolution may, from time to time, change, modify, amend, or replace the terms of this Agreement. In the event Revvolution changes, modifies, amends, or replaces the terms of this Agreement, your continued use of the Website after such change, modification, amendment, or replacement constitutes your manifestation of assent to said change, modification, amendment, or replacement.

2. Privacy Policy. Revvolution has adopted its Privacy Policy to provide you with notification of its collection and use of your personal or personally identifiable information. Revvolution hereby incorporates its Privacy Policy into this Agreement by reference. In the event that there is a conflict between this Agreement and any additional terms provided by Revvolution, the additional terms will control.

3. Member Accounts. Revvolution may provide you with the ability to register a member account, which may provide you with access to additional areas and features of the Website that are not accessible to non-members ("Member Account"). Your Member Account is protected by a username and password. You acknowledge that you are solely responsible for maintaining the security and confidentiality of your username and password and for any access to your Member Account, whether authorized or unauthorized. In the event your Member Account is accessed without your authorization, you agree to immediately provide notice to Revvolution.

You have a duty to ensure that the information that you provide through your Member Account is truthful, current, complete, and accurate. You understand and agree that you have an ongoing duty to update and keep current the information provided through your Member Account if and when that information changes. You are expressly prohibited from creating a Member Account that impersonates another person, contains offensive or obscene language, or otherwise violates the rights of a third party. You expressly agree that you will not register more than one Member Account and that you will not use your Member Account to interfere with or disrupt a third party's enjoyment and use of the Website. Revvolution reserves the right to restrict access to, suspend, disable, or delete your Member Account at any time, in its sole discretion, and without prior warning. You are expressly prohibited from selling, leasing, lending, assigning, or otherwise transferring your Member Account.

By creating a Member Account, you agree that Revvolution may contact you by any available means, including but not limited to by email.

4. Limited License. The Website is the property of Revvolution and is protected by law, intellectual property or otherwise. The Website may not be used, modified, copied, distributed, framed, reproduced, crawled, aggregated, reverse engineered, republished downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the prior written consent of Revvolution. The foregoing prohibition on crawling and aggregation will not apply to search engines or non-commercial and publicly available archives that appropriately comply with Revvolution's robots.txt file.

Revvolution hereby grants you a limited, non-exclusive, non-sublicensable, royalty free, non-assignable, and revocable license to use the Website for your personal and non-commercial use. You are expressly prohibited from reproducing, modifying, distributing, publishing, licensing, creating derivative works of, selling, publicly displaying, or publicly performing the Website outside of the uses expressly stated in this Agreement.

5. User Generated Content. Revvolution may provide you with the ability to submit user generated content to the Website, including but not limited to tutorials, comments, links to third party websites, product reviews, forum posts, video files, audio files, glossary terms, or other materials (hereinafter "User Generated Content"). When you submit User Generated Content to the Website, you provide Revvolution, as well as its parents, subsidiaries, partners, and affiliates, with a non-exclusive, worldwide, royalty free, assignable, non-revocable, and sublicensable license to use, reproduce, prepare derivative works of, distribute, publicly perform, publicly display, edit, transform, transmit, broadcast, sell, and translate your User Generated Content, as well as your name and likeness, in any media or technology now known or developed in the future. You expressly waive any moral rights that you may have in any and all User Generated Content. This grant of license will survive the failure or termination of this Agreement.

You warrant that you have all right, title, and interest in and to any and all User Generated Content that you generate through or upload to the Website and that you submit all User Generated Content to the Website free of liens or other encumbrances.

6. Third Party Content. The Website may contain links to third party content and websites that are not owned or controlled by Revvolution. You acknowledge and agree that Revvolution is not responsible and cannot be held liable for third party content and Websites.

7. Acceptable Uses. You expressly agree that you will not use the Website or your Member Account to violate any law, statute, ordinance, regulation, or treaty, to violate the rights of a third party, or for a use outside of the customary and intended uses of the Website or your Member Account. Specifically, you are expressly prohibited from:

  1. Harassing, stalking, or threatening other users or third parties;
  2. Using a robot, spider, scraper, or other automated technology to access the Website;
  3. Imposting a disproportionate load on the Website or its server infrastructure or otherwise attempting to interfere with the operation of the Website;
  4. Fraudulently modifying or inflating any ranking or rating systems of the Website;
  5. Framing the services or otherwise falsely suggesting a relationship with, the sponsorship of, or the approval of Revvolution;
  6. Circumventing the Website's copy protection measures or security technologies;
  7. Posting or transmitting content that threatens or encourages bodily harm or destruction of property;
  8. Posting or transmitting content that infringes upon the intellectual property rights of other users or third parties;
  9. Posting or transmitting content that is defamatory, invasive, obscene, pornographic, or offensive;
  10. Posting or transmitting content that constitutes fraud, an unwanted commercial solicitation, a phishing scam, a pyramid scheme, or a chain letter;
  11. Posting or transmitting content that contains viruses, spyware, adware, or other malicious or harmful code;
  12. Posting or transmitting content that constitutes false advertising, including but not limited to a violation of Part 255 of the FTC's false advertising regulations; and
  13. Posting or transmitting content intended to collect personal or personally identifiable information from users or third parties.

1. Revvolution as Interactive Computer Service. Revvolution is the provider of the Website, which is an interactive computer service as those terms are defined under Section 230 of the Communications Decency Act. Consequently, Revvolution will not be treated as the publisher or speaker of any tortious content posted to the Website. Revvolution reserves the right to remove any content from the Website that it determines is offensive, unlawful, threatening, defamatory, obscene, or otherwise objectionable, which will be determined in Revvolution's sole and absolute discretion.

2. Indemnification. You expressly agree to defend, indemnify, and hold harmless Revvolution, its parents, subsidiaries, partners, affiliates, directors, officers, employees, shareholders, managers, vendors, independent contractors, agents, successors, and assigns, from and against any and all claims, costs (including attorneys' fees), damages, liabilities, judgments, and expenses of any kind arising out of or related to (1) your use or misuse of the Website; (2) your breach of any term or condition of this Agreement, (3) your violation of any applicable law, regulation, statute, treaty, or ordinance, or (4) your violation of the rights of a third party. Revvolution retains the right to exclusively control and direct its defense of any claim, cost, damage, liability, judgment, or expense subject to indemnification. Your duty to defend, indemnify, and hold harmless Revvolution will survive the expiration, termination, or failure of this Agreement.

3. Disclaimer of Warranties. REVVOLUTION DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM OR LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY. REVVOLUTION PROVIDES THE WEBSITE ON AN AS-IS BASIS AND WITH NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, THIS EXCLUSION MAY NOT APPLY.

4. Limitation of Liability. YOU ACKNOWLEDGE AND AGREE THAT REVVOLUTION WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY FOR DAMAGES, CLAIMS, INJURIES, JUDGMENTS, OR LIABILITIES ARISING OUT OF OR RELATED TO YOUR USE OF MISUSE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNATIVE DAMAGES, OR EXEMPLARY DAMAGES. YOU UNDERSTAND AND AGREE THAT THE MAXIMUM AMOUNT THAT REVVOLUTION CAN BE HELD LIABLE TO YOU UNDER ANY CIRCUMSTANCE IS THE AMOUNT THAT YOU PAID FOR THE WEBSITE, AND IN NO CASE WILL THAT AMOUNT EXCEED $100. IF NO AMOUNT IS PAID BY YOU TO REVVOLUTION, YOU AGREE THAT YOU WILL BE LIMITED TO INJUNCTIVE RELIEF ONLY UNLESS OTHERWISE PERMITTED BY LAW.

SOME STATES OR PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES. IF YOUR STATE OR PROVINCE DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, YOU SHOULD SEEK LEGAL COUNSEL TO UNDERSTAND YOUR LEGAL RIGHTS UNDER THE LAW OF YOUR STATE.

5. Assignment. You acknowledge and agree that you are prohibited from assigning your rights and obligations under this Agreement. Revvolution may assign its rights and obligations under this Agreement at any time, including but not limited to in a sale of the Website.

6. Resolution of Disputes. This Agreement will be interpreted under and governed by the laws of the State of Maryland without giving effect to any conflicts of laws principles. You agree that any claim or dispute that you may have against Revvolution will be exclusively resolved through arbitration.

YOU AND REVVOLUTION AGREE THAT ARBITRATION WILL BE THE EXCLUSIVE FORUM AND REMEDY AT LAW FOR ANY DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE WEBSITE, INCLUDING ANY DISPUTES CONCERNING THE VALIDITY, INTERPRETATION, VIOLATION, BREACH, OR TERMINATION OF THIS AGREEMENT. ARBITRATION UNDER THIS AGREEMENT WILL BE HELD IN BALTIMORE, MARYLAND AND IN ACCORDANCE WITH THE MOST RECENTLY EFFECTIVE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATION PROCEEDING WILL BE DECIDED BY A SINGLE ARBITRATOR AND THE ARBITRATOR WILL DECIDE THE ARBITRATION PROCEEDING BY APPLYING THE LAWS AND LEGAL PRINCIPLES OF THE STATE OF MARYLAND AND THE FEDERAL LAWS OF THE UNITED STATES. THE LOSING PARTY WILL BE REQUIRED TO PAY THE PREVAILING PARTY'S REASONABLE ATTORNEYS' FEES. YOU AND REVVOLUTION AGREE THAT BOTH PARTIES WILL BE REQUIRED TO BE PRESENT WITHIN THE STATE OF MARYLAND IN ORDER TO PERFORM THEIR OBLIGATIONS UNDER THIS AGREEMENT. YOU AND REVVOLUTION AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF ANY SUCH ARBITRATOR OR ARBITRATION PROCEEDING.

7. Additional Provisions. A finding that any term or provision of this Agreement is invalid or unenforceable will not affect the validity or enforceability of this Agreement. Any term or provision of this Agreement that is found to be invalid or unenforceable will be reformed to the extent necessary to make it valid and enforceable.

You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.

This Agreement and the Privacy Policy incorporated by reference constitute the entire agreement between you and Revvolution with respect to the Website. You understand and agree that there are no further understandings, agreements, or representations with respect to the Website that are not specified in this Agreement. You understand and agree that any additional provisions that may appear in any communication from you will not bind Revvolution.

The Website is not directed to persons under the age of eighteen (18) and Revvolution will not knowingly collect personally identifiable information from children under the age of eighteen (18). If Revvolution inadvertently collects personally identifiable information, Revvolution will delete the personally identifiable information in accordance with its security protocols.

YOU AND REVVOLUTION BOTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN ONE YEAR WILL PERMANENTLY BAR ANY AND ALL RELIEF.

All rights not expressly granted herein are reserved to Revvolution.

These terms are subject to enforcement by Traverse Internet Law.