RateThatSpace.com, LLC ("RTS") provides this website ("Website") and its products and services sold hereunder, subject to the following Terms of Service, which may be updated by RTS from time to time without notice to you. Please check the Terms of Service periodically for changes. If you do not agree to the Terms of Service, please do not use this Website. By using this Website, you acknowledge that your are 18 or older and agree that you have read, understood and agree to these Terms of Service. Your continued use of this Website following the posting of any changes to the Terms of Service constitutes acceptance of those changes.
The content of this Website, such as articles, text, graphics, images, links, and other material contained on this site, as well as any support materials (e.g., newsletters and books) (collectively, "Content") are for informational purposes only.
This Website provides links to other websites on the Internet. RTS makes no representations whatsoever about these other websites. Other websites linked to this Website may contain information or material that some people may find inappropriate or offensive. The provision of links to other websites on the Internet should not imply RTS’s endorsement of any such websites by RTS or any association with these other sites’ operators. These websites are not under the control of RTS, and you acknowledge that RTS, its subsidiaries, its affiliates, and its licensors are not responsible for the accuracy, legality, decency, copyright compliance, or any other content of such sites. You also acknowledge that RTS, its subsidiaries, its affiliates, and its licensors 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 the content, goods or services available on or through any websites linked to this Website.
You acknowledge and agree that all Content and materials available on this Website are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. You agree that as between you and the RTS, RTS is the owner of all such Content and materials. You may not reproduce, distribute, republish or retransmit any Content or materials posted at this Website without the prior written permission of RTS. Except as expressly authorized by RTS, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or Content. Notwithstanding the above, you may print or download one copy of the materials or Content on this Website on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Systematic retrieval of data or other Content from this Website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from RTS is prohibited.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other material ("Submissions"), whether publicly posted or privately transmitted, via forums on this Website or otherwise, are the sole responsibility of the person from whom such Submissions originated. This means that you and not RTS are entirely responsible for all Submissions that you upload, post, email or otherwise transmit via this Website. RTS does not control the Submissions posted by third parties via this Website and, as such, does not guarantee the accuracy, integrity or quality of such Submissions. You understand that by using this Website and accessing these postings, you may be exposed to Submissions that are offensive, indecent or objectionable. Under no circumstances will RTS, its subsidiaries, its affiliates, or its licensors be liable in any way for any Submissions including, but not limited to, any error or omissions in any Submissions, or for any loss or damage of any kind incurred as a result of the use of any Submissions posted, emailed or otherwise transmitted via this Website.
You agree to not use this Website to:
You acknowledge that RTS does not pre-screen Submissions, but that RTS and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Submissions that are available via this Website. Without limiting the foregoing, RTS and its designees shall have the right to remove any Submissions that violate the Terms of Service or is otherwise objectionable as determined by RTS in its sole discretion. You agree that you must evaluate, and bear all risks associated with, the use of any Submissions, including any reliance on the accuracy, completeness, or usefulness of such Submissions.
You acknowledge and agree that RTS may preserve Submissions and may also disclose Submissions if required to do so by law or in good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Service; (c) respond to claims that any Submissions violate the rights of third parties; or (d) protect the rights, property, or personal safety of RTS, its users and the public.
You agree represent and agree that Submissions you elect to post to the Website are not confidential or proprietary, and you grant RTS the world-wide, royalty free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Submissions (in whole or in part), in any form, media, or technology now known or later developed. You further agree that RTS may commercialize any Submissions, and any concepts, information and inventions contained therein, without further compensation to you.
ALL CONTENT INCLUDING, WITHOUT LIMITATION, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEBSITE, IS PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. RTS, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS COMPLETE, ACCURATE, RELIABLE OR CORRECT; THAT THIS WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS WEBSITE IS SOLELY AT YOUR RISK. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THIS WEBSITE IS DONE AT YOUR OWN DIRECTION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCES SHALL RTS, ITS AFFILIATES, OR ITS LICENSORS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INNDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES)) THAT RESULT FROM: (i) THE USE OF, OR INABILITY TO USE, THIS WEBSITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (v) ANY OTHER MATERIAL RELATING TO THE WEBSITE. RTS, ITS SUBSIDIARIES, ITS AFFILIATES OR ITS LICENSORS BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED $100. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF RTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES RTS’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You represent, warrant and covenant that: (a) you have the power and authority to enter into this agreement; (b) you are at least eighteen (18) years old; (c) you shall not use any rights granted hereunder for any unlawful purpose; and (d) you shall use this Website only as set forth in these Terms of Service.
You agree to indemnify and hold RTS and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including attorneys’ fees, made by any third party due that arise from your use or misuse of this Website. RTS reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with RTS in asserting any available defenses.
RTS makes no representation that materials or Content on this Website are appropriate or available for use in locations outside the United States, and accessing them from territories where the Contents or materials are illegal is prohibited. If you access this Website from other locations you do so on your own initiative and you are responsible for compliance with local laws. You agree to comply will all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
RTS respects the intellectual property rights of others and expects visitors to this Website to do the same. RTS will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed 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 reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you 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 (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
RTS reserves the right to remove content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, RTS will also terminate a user’s account if the user is determined to be a repeat infringer. RTS’s designated copyright agent for notice of alleged copyright infringement appearing on the Website is:
RTS reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, this Website or some or all of the services offered through this Website, with or without notice. You agree that RTS shall not be liable to your or to any third party for any modification, suspension or discontinuance of this Website or some or all of the services offered through it.
These Terms of Service shall be governed by and construed in accordance with the laws of the State of New Jersey, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction and venue for any claim or action arising out of or relating to these Terms of Service or your use of this Website shall be filed only in the state or federal courts located in the State of New Jersey, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
This agreement constitutes the entire agreement between you and RTS with respect to this Website and supersedes all prior or contemporaneous communications and proposals, whether oral, written, or electronic, between you and RTS with respect to this Website. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
RTS reserves the right, in its sole discretion, to terminate your access to all or part of this Website, with or without notice.