Terms and Conditions
Effective Date: January 2020
Website Covered: https://readycomputing.com
THE AGREEMENT: The Ready Computing website and services are provided by Ready Computing Inc. (the "Company," “Us,” “Our” or “We”) and are subject to the following Terms & Conditions (the "Agreement"), all parts and sub-parts of which are specifically incorporated by reference here. This Agreement shall govern the access to and the use of all pages on readycomputing.com (the "Website") and any services provided by or on this Website (the "Services").
The following terms referred to in this Agreement shall be defined as follows:
ASSENT AND ACCEPTANCE
By visiting or using the Website, You warrant that You have read and reviewed this Agreement and that You agree to be bound by it. If You do not agree to be bound by this Agreement, please leave the Website immediately and cease using any Services. The Company only agrees to provide use of this Website and Services to You if You assent to this Agreement. We may, in Our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that this Agreement is in compliance with all laws, rules and regulations applicable to You and the right to access the Services is revoked where this Agreement or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for Your use, and not for the use or benefit of any third party.
LICENSE TO USE WEBSITE
The Company may provide You with certain information, documentation, data, text, images, links, software or other materials, whether created by the Company, its Affiliates or other third parties, as a result of Your use of the Website or Services ("Company Materials"). Subject to this Agreement, the Company grants You a non-exclusive, limited, non-transferable and revocable license to use the Company Materials solely in connection with Your use of the Website and Services. The Company Materials may not be used for any other purpose, and this license terminates upon Your cessation of use of the Website or Services or at the termination of this Agreement.
You agree that the Website and all Services provided by the Company are the property of the Company, including all copyrights, trademarks, trade secrets, patents, and other intellectual property ("Company IP"). You acknowledge and agree that the Company owns all right, title and interest in and to the Company IP, the Company IP is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws, and that You will not use the Company IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Company.
We do not claim ownership of content submitted by Users of the Website. By submitting such content, however, You agree to grant Us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, distribute, reproduce, modify, adapt, create derivative works from, and publicly perform or display such content on the Website and Our social media pages. This license shall remain in effect until We delete the content from Our systems. You acknowledge that by submitting content, You understand that such content will be made publicly accessible through the Website and Our social media pages.
We respect the intellectual property of others, and we ask You to do the same. If You or any User of this Website believes its copyright, trademark or other property rights have been infringed by a posting on this Website, You or the User should send notification to Our Designated Agent immediately. To be effective, the notification must include:
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C.A. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated.
Designated Agent for Claimed Infringement:
Ready Computing Legal and Compliance Department
150 Beekman St, Floor 3
+1 212 877 3307
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement. We may immediately remove the identified materials from the Website without liability to You or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
As a User of the Website or Services, You may be asked to register with Us. When You do so, You will choose a user identifier, which may be Your email address or another term, as well as a password. You may also provide personal information, including, but not limited to, Your name. You are responsible for ensuring the accuracy of this information. This identifying information will enable You to use the Website and Services. You must not share such identifying information with any third party, and if You discover that Your identifying information has been compromised, You agree to notify Us immediately in writing. You are responsible for maintaining the safety and security of Your identifying information as well as keeping Us apprised of any changes to Your identifying information. Providing false or inaccurate information, or using the Website or Services to further fraud or unlawful activity is grounds for immediate termination of this Agreement. We are not responsible for loss or damage caused by Your failure to safeguard Your user identifier and password.
You agree not to use the Website or Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website or Services in any way that could damage the Website, Services, or general business of the Company.
Through Your Use of the Website and Services, You may provide Us with certain information. By using the Website or the Services, You authorize the Company to use Your information in the United States and any other country where We may operate.
REVERSE ENGINEERING & SECURITY
You agree not to undertake any of the following actions:
The Company does not accept responsibility for the security of Your account or content. You agree that Your use of the Website or Services is at Your own risk.
By using this Website or Services, You agree to indemnify, hold harmless and defend the Company and its Affiliates from any claims, demands, damages, losses, liabilities, and all costs and expenses of defense, including reasonable attorney's fees, which may arise from or relate to Your use or misuse of the Website or Services, Your breach of this Agreement, Your violation of any third party right, including any copyright, property or privacy right, or Your conduct or actions. You agree that the Company shall be able to select its own legal counsel and may participate in its own defense, if the Company wishes.
You are strictly prohibited from using the Website or any of the Company's Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
THIRD-PARTY LINKS & CONTENT
The Company may occasionally post links to third party websites or other services. You agree that the Company is not responsible or liable for any loss or damage caused as a result of Your use of any third party services linked to from Our Website. Unless specified otherwise, any reference to any third party or third party product or service shall not be construed as an approval or endorsement by the Company of that third party or of any product or service provided by that third party. Likewise, a link to any third party website does not imply that We endorse or accept any responsibility for the content or use of such website. The Company does not endorse, warrant or guarantee any product or service offered by any third party through an online discussion medium accessible through this Website and will not be a party to or in any way monitor any transaction involving any third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, You are responsible for exercising appropriate judgment and caution.
MODIFICATION AND VARIATION
The Company may, from time to time and at any time without notice to You, modify this Agreement. You agree that the Company has the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement.
This Agreement constitutes the entire understanding between the Parties with respect to any and all use of this Website. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Website.
The Company may need to interrupt Your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that Your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that the Company shall have no liability for any damage or loss caused as a result of such downtime.
TERM, TERMINATION, AND SUSPENSION
The Company may terminate this Agreement with You at any time for any reason, with or without cause or notice. The Company specifically reserves the right to terminate this Agreement if You violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of the Company or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. If You have registered for an account with Us, You may also terminate this Agreement at any time by contacting Us and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect. You agree that We are not liable to You or any third party for any termination of Your access to the Website or Services.
You assume all responsibility and risk with respect to Your use of the Website. THE WEBSITE, SERVICES, COMPANY MATERIALS, COMPANY IP AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THIS WEBSITE OR A “LINKED” SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY. SPECIFICALLY, BUT WITHOUT LIMITATION, THE COMPANY DOES NOT WARRANT THAT:
The Company makes no warranties of any kind regarding any sites to which You may be directed or hyperlinked from this Website. Hyperlinks are included solely for Your convenience, and the Company makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such sites.
LIMITATION ON LIABILITY
IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES BE LIABLE TO ANY USER OF THIS WEBSITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE SERVICES OR THE WEBSITE OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. YOU AGREE THE COMPANY’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS AGREEMENT, THE WEBSITE, SERVICES, COMPANY MATERIALS OR COMPANY IP, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT YOU PAID TO THE COMPANY IN THE THEN-PRIOR SIX (6) CALENDAR MONTHS.
This Agreement shall be governed by and construed in accordance with the laws of the State of New York. Any dispute relating in any way to Your visit to, or use of, the Website, to Services you purchase through the Website, or to your relationship to the Company shall be submitted to confidential arbitration in New York County, New York; provided, however, that to the extent that You have in any manner violated or threatened to violate Our intellectual property rights, We may seek injunctive or other appropriate relief in any state or federal court in the State of New York. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of New York. Arbitration under this Agreement will be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator’s award will be final and binding and may be entered into as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement will be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of this Website or this Agreement must be filed within one (1) year after such claim of action arose or be forever banned.
ARBITRATION IS MORE INFORMAL THAN A LAWSUIT IN COURT. ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD.
YOU AND THE COMPANY AGREE THAT EACH MAY ONLY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both You and the Company agree otherwise, the arbitrator may not consolidate more than one person's claims with Your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
You may contact us at firstname.lastname@example.org concerning this Agreement.