Terms and Conditions for use of the RealDealDocs.com Services
Effective: July 1, 2007. Updated: March 19, 2016
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Service are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Service, except as allowed by Section 4 below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Service. The posting of information or materials on the Service does not constitute a waiver of any right in such information and materials. Some of the content on the site is the copyrighted work of third parties.
RealDealDocs™ is a registered trademark of RPCD Holdings LLC. The RealDealDocs™ logo and RealDealDocs.com are trademarks or service marks of RPCD Holdings LLC. The RealDealDocs™ website, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of RPCD Holdings LLC . The trademarks, service marks and trade dress of RealDealDocs™ may not be used or reproduced without prior written approval from RPCD Holdings LLC and may not be used in connection with any product or service that is not affiliated with RealDealDocs™ , in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of RealDealDocs™ , or in any manner that disparages or discredits RealDealDocs™. Other trademarks that appear on the RealDealDocs™ website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by RealDealDocs™. Any images of persons or personalities contained on the RealDealDocs™ website are not an indication or endorsement of RealDealDocs™ or any particular product or our service unless otherwise indicated.
RealDealDocs™ is an online subscription service providing its members with access to a comprehensive library of legal documents and clauses. We offer a variety of subscription plans at varying price levels, including special promotional plans or subscriptions with limitations. You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Service strictly in accordance with this Agreement; (b) to use the Service solely for internal, noncommercial purposes; and (c) to print out discrete information from the Service solely for internal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein. Only individuals authorized by the subscribing organization may access and use the Service. You may not use login credentials to access the Service from outside the country for which it was issued. Your login credentials may be restricted from accessing certain materials otherwise available in the Service. Materials and features may be added to or withdrawn from the Service or otherwise changed without notice.
b. Monitoring: RPCD Holdings LLC reserves the right to monitor your use of the Content to ensure compliance with this Agreement. If RPCD Holdings LLC, in its discretion, determines you are not in compliance with this Agreement, RPCD Holdings LLC reserves the right to take such action as it deems necessary, including, but not limited to:
i) Assessing additional charges for users in excess of the number authorized;
ii) Suspension of the account; or
iii) Termination of the account.
Such monitoring may include determining whether or not the Content is accessed under the account from multiple IP addresses, as well as noting excessive use or users. Systematic access or excessive extraction of content from the Service, including, without limitation, the use of "bots" or "spiders", is prohibited. RPCD Holdings LLC does not disclose any information regarding its proprietary monitoring methods or policies.
You can find the specific details regarding your subscription with RealDealDocs™ sending an email to support@RealDealDocs.com.
b. Cancellation. You may cancel your subscription to RealDealDocs™ at anytime. Cancellations will be effective after you have completed a simple two-step process. The First Step occurs automatically when we receive a final cancellation email during regular hours. Regular business hours are defined as the hours of 9 a.m. through 4 p.m. PST Monday through Friday. Final cancellation emails must be received at least 24 hours prior to 12 a.m. PST on your calendar billing date. For example, if your billing date is April 6, we must receive your final cancellation email by the end of regular business hours on April 4, assuming both days are weekdays. Additionally, RealDealDocs is closed for business on the following days: December 25, January 1, July 4, Thanksgiving Day, Labor Day, and Memorial Day. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIALMONTH SUBSCRIPTION PERIODS. To begin the cancellation process, you must send an email to support@RealDealDocs.com, and include your username. Your email must be received at support@RealDealDocs.com. Attempts to cancel by any means other than sending an email to support@RealDealDocs.com will not be honored. Attempts to cancel via telephone, postal mail, express mail, facsimile or any other method will not be honored. Once we receive the cancellation email, we will send you a confirmation email acknowledging receipt as well as a link to a final cancellation form. The cancellation will not be effective unless and until we receive your submitted final cancellation form. Notwithstanding the foregoing, we reserve the right to terminate your account at any time and for any or no reason.
In order to provide you with ease of access to your account, RealDealDocs™ will place a cookie (a small text file) on any computer from which you access the RealDealDocs™ website. When you revisit the RealDealDocs™ website, this cookie will enable us to recognize you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification. You are responsible for updating and maintaining the RealDealDocs™ truth and accuracy of the information you provide to us relating to your account. You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile device. If you disclose your password to anyone or share your account with other people, you take full responsibility for their actions. Users of public or shared computers or unprotected mobile devices should log out at the completion of each visit to the RealDealDocs™ website. If you find that you're a victim of identity theft and it involves a RealDealDocs™ account, you should notify client service. Then, you should report this instance to all your credit card issuers, as well as your local law enforcement agency. RealDealDocs™ reserves the right to place any account on hold anytime with or without notification to the subscriber in order to protect itself and its partners from what it believes to be fraudulent activity. RealDealDocs™ is not obligated to credit or discount a membership for holds placed on the account by either a representative of RealDealDocs™ or by the automated processes of RealDealDocs™.
We may make available through the Service or through other websites sample and actual forms, checklists, business documents and legal documents (collectively, "Documents"). All Documents are provided on a non-exclusive license basis only for non-commercial purposes, without any right to re-license, sublicense, distribute, assign or transfer such license. Documents are provided for a charge and without any representations or warranties, express or implied, as to their suitability, legal effect, completeness, currentness, accuracy, and/or appropriateness. THE DOCUMENTS ARE PROVIDED "AS IS", "AS AVAILABLE", AND WITH "ALL FAULTS", AND WE AND ANY PROVIDER OF THE DOCUMENTS DISCLAIM ANY WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The Documents may be inappropriate for your particular circumstances. Furthermore, state laws may require different or additional provisions to ensure the desired result. You should consult with legal counsel to determine the appropriate legal or business documents necessary for your particular transactions, as the Documents are only samples and may not be applicable to a particular situation. Some Documents are public domain forms or available from public records.
We offer RSS feeds as a convenient way to pass information about your RealDealDocs™ account or that is publicly available on the RealDealDocs™ site to your RSS reader or an RSS-associated website of your choice. RSS stands for Really Simple Syndication. It allows information to be published in a standard XML format that can be accessed via a URL. By using the RealDealDocs™ RSS feeds you acknowledge and agree to the following: (i) if you use the personalized RSS feeds relating to your own RealDealDocs™ account, you are consenting to the information about your account being transferred to the location of the RSS feed as enabled by you; (ii) while RealDealDocs™ will not pass personally identifying information in the feed, your use may cause such information to be associated with you (it is your responsibility to handle the feed and your personal information associated with it as you deem appropriate); (iii) you shall not modify the feeds in any way, including the associated attribution to RealDealDocs™ ; (iv) use of the RealDealDocs™ RSS feeds is for your personal, non-commercial use and is at your own option and risk. RealDealDocs™ makes no representation or warranty regarding its RSS feeds and reserves the right to modify or terminate the feeds at any time without notice.
Information contained on or made available through the Service is not intended to and does not constitute legal advice, recommendations, mediation or counseling under any circumstance and no attorney-client relationship is formed. We do not warrant or guarantee the accurateness, completeness, adequacy or currency of the information contained in or linked to the Service. Your use of information on the Service or materials linked to the Service is entirely at your own risk. We are not a law firm and we are not a lawyer referral service.
Certain sections of, or offerings from, the Service may require you to register. If registration is requested, you agree to provide RPCD Holdings LLC with accurate, complete registration information. Your registration must be done using your real name and accurate information. Each registration is for your personal use only. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.
Third party content may appear on the Service or may be accessible via links from the Service. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Service. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
You agree to indemnify, defend and hold RPCD Holdings LLC and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Service.
Your right to use the Service is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH "ALL FAULTS", AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 18(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE RealDealDocs™ NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN RPCD HOLDINGS LLC AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RPCD HOLDINGS LLC THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
a. We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Service or any services or products obtainable therefrom, (b) the unavailability or interruption of the Service or any features thereof, (c) your use of the Service, (d) the content contained on the Service, or (e) any delay or failure in performance beyond the control of a Covered Party.
b. THE AGGREGATE LIABILITY OF RPCD HOLDINGS LLC AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED THE AMOUNT OF YOUR ACTUAL DIRECT DAMAGES AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST RPCD HOLDINGS LLC AND ANY AFFILIATED PARTY.
We may allow access to or advertise certain third-party product or service providers ("Merchants") from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY RPCD HOLDINGS LLC, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY, OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
The Service may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives (particularly with respect to product and service offerings), that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Service, words like "anticipates," "expects," "believes," "estimates," "seeks," "plans," "intends," "will" and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Service and the information contained herein does not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.
The Service contains links to other websites. We are not responsible for the content, accuracy or opinions express in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by RPCD Holdings LLC . Inclusion of any linked website on our Service does not imply approval or endorsement of the linked Website by RPCD Holdings LLC . If you decide to leave our Service and access these third-party sites, you do so at your own risk.
Except as specifically provided herein, you may not use the Service or any materials retrieved from the Service in any fashion that infringes the copyrights or proprietary interests therein. You may not remove or obscure the copyright notice or other notices contained in materials retrieved from the Service.
The Service may contain information and press releases about RPCD Holdings LLC. We disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by RPCD Holdings LLC.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Service and the Content and Materials provided therein.
Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by RPCD Holdings LLC to collect or recover damages for, or obtain any injunction relating to, Service operations, intellectual property, and our services, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of JAMS. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Glendale, California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or RPCD Holdings LLC may seek any interim or preliminary relief from a court of competent jurisdiction in Los Angeles County, California necessary to protect the rights or property of you and RPCD Holdings LLC pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs incurred through JAMS. RealDealDocs™ ™ has categorized these documents and made them searchable using the same proprietary RPCD Holdings LLC technology that is deployed at some of the largest law firms in the country, so you have the best tools anywhere to leverage this work product.
We will respond to disparagement to the fullest extent under California law. For purposes of this Section, “disparage” shall mean any negative statement, whether written or oral, about SmartRules.”