Terms of Service
Last Updated February 21, 2023
These Terms of Service constitute a legally binding agreement made between subscriber, whether personally or on behalf of an entity (“subscriber”) and Record System, Inc. ("RECORD", “we”, “us”, or “our”), concerning subscriber's access to and use of the https://www.getrecord.com website (“Site”) as well as any including any content, functionality, and services offered on or through, or otherwise connected thereto, including the RECORD mobile application (“App”), (collectively, the “Services”). Subscriber agrees that by accessing the Services, subscriber has read, understood, and agrees to be bound by all of these Terms of Service, which may be updated from time to time. IF SUBSCRIBER DOES NOT AGREE WITH THESE TERMS OF SERVICE, THEN SUBSCRIBER IS EXPRESSLY PROHIBITED FROM USING THE SERVICE AND MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms of service or documents that may be posted on the Service from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason. We may alert subscriber about any changes by updating the “Last Updated” date of these Terms of Service, and subscriver waives any right to receive specific notice of each such change. It is subscribers responsibility to periodically review these Terms of Service to stay informed of updates. Subscriber will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Service by subscriber's continued use of the Service after the date such revised Terms of Service are posted.
BY DOWNLOADING THE APPLICATIONS, ENTERING A PHONE NUMBER OR EMAIL ADDRESS INTO RECORD, REGISTERING VIA THE SERVICE, PROVIDING SUBSCRIBER'S LAWYER SUBSCRIBER'S PHONE NUMBER, OR PROVIDING SUBSCRIBER'S LAWYER SUBSCRIBER'S EMAIL ADDRESS, SUBSCRIBER ACCEPTS THE TERMS OF SERVICE AND AGREES TO OPT IN TO THE RECORD TEXT MESSAGE SERVICE (THE “TEXT SERVICE”), INCLUDING SENDING AND RECEIVING SMS TEXT MESSAGES AND MMS MULTI-MEDIA MESSAGES, RECEIVING NOTIFICATIONS, ALERTS, REMINDERS, CONFIRMATION, DOCUMENTS, AND ATTORNEY-CLIENT COMMUNICATIONS. WE PROVIDE THIS SERVICE VIA THE WEB-BASED INTERFACE, TEXT MESSAGING, AND MOBILE APPLICATIONS. MESSAGE AND DATA RATES MAY APPLY. UNLESS OTHERWISE NOTED, WE MAY SEND MULTIPLE, RECURRING MESSAGES AND/OR TERMINATE THE TEXT SERVICE OR SUBSCRIBER'S PARTICIPATION IN IT AT ANY TIME WITH OR WITHOUT NOTICE, INCLUDING, FOR EXAMPLE, BEFORE SUBSCRIBER HAS RECEIVED ANY OR ALL MESSAGES THAT SUBSCRIBER OTHERWISE WOULD HAVE RECEIVED.
The information provided on the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Service is intended for users who are at least 18 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Service. If subscriber is a minor, subscriber must have subscriber's parent or guardian read and agree to these Terms of Service prior to subscriber using the Service. By using this Service, subscriber represents and warrants that subscriber is of legal age to form a binding contract with RECORD and meet the foregoing eligibility requirements. If subscriber does not meet all of these requirements, subscriber must not access or use the Service.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Service is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Service (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Service “AS IS” for subscriber's information and personal use only. Except as expressly provided in these Terms of Service, no part of the Service and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that subscriber is eligible to use the Service, subscriber is granted a limited license to access and use the Service and to download or print a copy of any portion of the Content to which subscriber has properly gained access solely for subscriber's personal, non-commercial use. We reserve all rights not expressly granted to subscriber in and to the Service, the Content and the Marks. If subscriber prints, copies, modifies, downloads, or otherwise uses or provides any other person with access to any part of the Service in breach of the Terms of Service, subscriber's right to use the Service will stop immediately and subscriber must, at our option, return or destroy any copies of the materials subscriber has made. No right, title, or interest in or to the Service or any Content on the Service is transferred to subscriber, and all rights not expressly granted are reserved by RECORD. Any use of the Service not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.
By using the Service, subscriber represents and warrants that: (1) all registration information subscriber submits will be true, accurate, current, and complete; (2) subscriber will maintain the accuracy of such information and promptly update such registration information as necessary; (3) subscriber has the legal capacity and subscriber agrees to comply with these Terms of Service; and (4) subscriber's use of the Service will not violate any applicable law or regulation.
If subscriber provides any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate subscriber's account and refuse any and all current or future use of the Service (or any portion thereof).
Subscriber may be required to register with the Service. Subscriber agrees to keep subscriber's password confidential and will be responsible for all use of subscriber's account and password. We reserve the right to remove, reclaim, or change a username subscriber selects in our sole discretion.
Subscriber may not access or use the Service for any purpose other than that for which we make the Service available. The Service may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the Service, subscriber agrees not to:
- Make any unauthorized use of the Service, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- Circumvent, disable, or otherwise interfere with security-related features of the Service, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Service and/or the Content contained therein.
- Engage in unauthorized framing of or linking to the Service.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service.
- Use any information obtained from the Service in order to harass, abuse, or harm another person.
- Use the Service as part of any effort to compete with us or otherwise use the Service and/or the Content for any revenue-generating endeavor or commercial enterprise.
- Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Service.Attempt to bypass any measures of the Service designed to prevent or restrict access to the Service, or any portion of the Service.
- Delete the copyright or other proprietary rights notice from any Content.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Service or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Service.
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Service, or using or launching any unauthorized script or other software.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Service.
- Use the Service in a manner inconsistent with any applicable laws or regulations.
USER GENERATED CONTRIBUTIONS
The Service may invite subscriber to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide subscriber with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Service, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Service and through third-party websites. As such, any Contributions subscriber transmit may be treated as non-confidential and non-proprietary. When subscriber create or make available any Contributions, subscriber thereby represent and warrant that:
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of subscriber's Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- Subscriber is the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Service, and other users of the Service to use subscriber's Contributions in any manner contemplated by the Service and these Terms of Service.
- Subscriber has the written consent, release, and/or permission of each and every identifiable individual person in subscriber's Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of subscriber's Contributions in any manner contemplated by the Service and these Terms of Service.
- Subscriber's Contributions are not false, inaccurate, or misleading.
- Subscriber's contributions are not obscene, lewd, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
- Subscriber's Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Subscriber's Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
- Subscriber's Contributions do not violate any applicable law, regulation, or rule.
- Subscriber's Contributions do not violate the privacy or publicity rights of any third party.Subscriber's Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
- Subscriber's Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Subscriber's Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- Subscriber's Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Service, or any applicable law or regulation.
Any use of the Service in violation of the foregoing violates these Terms of Service and may result in, among other things, termination or suspension of subscriber's rights to use the Service.
By posting subscriber's Contributions to any part of the Site, subscriber automatically grant, and subscriber represent and warrant that subscriber has the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully- paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, subscriber's image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels. This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of subscriber's name and personal and commercial images subscriber provide. Subscriber waive all moral rights in subscriber's Contributions, and subscriber warrant that moral rights have not otherwise been asserted in subscriber's Contributions. We do not assert any ownership over subscriber's Contributions. Subscriber retain full ownership of all of subscriber's Contributions and any intellectual property rights or other proprietary rights associated with subscriber's Contributions. We are not liable for any statements or representations in subscriber's Contributions provided by subscriber in any area on the Service. Subscriber is solely responsible for subscriber's Contributions to the Service and subscriber expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding subscriber's Contributions. We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Service; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor subscriber's Contributions.
Subscriber acknowledges and agrees that any questions, comments, suggestions, ideas, feedback, or other information regarding the Service ("Submissions") provided by subscriber to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to subscriber. Subscriber hereby waives all moral rights to any such Submissions, and subscriber hereby warrants that any such Submissions are original with subscriber or that subscriber has the right to submit such Submissions. Subscriber agrees there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in subscriber's Submissions.
GUIDELINES FOR REVIEWS
We may provide subscriber isas on the Service to leave reviews or ratings. When posting a review, subscriber must comply with the following criteria: (1) subscriber should have firsthand experience with the person/entity being reviewed; (2) subscriber's reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) subscriber's reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) subscriber's reviews should not contain references to illegal activity; (5) subscriber should not be affiliated with competitors if posting negative reviews; (6) subscriber should not make any conclusions as to the legality of conduct; (7) subscriber may not post any false or misleading statements; and (8) subscriber may not organize a campaign encouraging others to post reviews, whether positive or negative. We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, subscriber hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
MOBILE APPLICATION LICENSE, USE LICENSE
If subscriber accesses the Service via a mobile application, then we grant subscriber a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by subscriber, and to access and use the mobile application on such devices strictly in accordance with the terms of service of this mobile application license contained in these Terms of Service. Subscriber shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection with subscriber's access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; (5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.
APPLE AND ANDROID DEVICES
The following terms apply when subscriber uses a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Service: (1) the license granted to subscriber for our mobile application is limited to a non- transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms of service of this mobile application license contained in these Terms of Service or as otherwise required under applicable law, and subscriber acknowledges that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable warranty, subscriber may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; (4) subscriber represents and warrants that (i) subscriber is not located in a country that is subject to U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) subscriber is not listed on any U.S. governmental list of prohibited or restricted parties; (5) subscriber must comply with applicable third party terms of agreement when using the mobile application, e.g., if subscriber has a VoIP application, then subscriber must not be in violation of their wireless data service agreement when using the mobile application; and (6) subscriber acknowledges and agrees that the App Distributors are third-party beneficiaries of the terms of service in this mobile application license contained in these Terms of Service, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms of service in this mobile application license contained in these Terms of Service against subscriber as a third-party beneficiary thereof.
THIRD-PARTY WEBSITES AND CONTENT
The Service may contain (or subscriber may be sent via the Service) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Service or any Third-Party Content posted on, available through, or installed from the Service, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If subscriber decides to leave the Service and access the Third-Party Websites or to use or install any Third- Party Content, subscriber does so at subscriber's own risk, and subscriber should be aware these Terms of Service of Use no longer govern. Subscriber should review the applicable terms and policies, including privacy and data gathering practices, of any website to which subscriber navigates from the Service or relating to any applications subscriber uses or installs from the Service. Any purchases subscriber makes through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between subscriber and the applicable third party. Subscriber agrees and acknowledge that we do not endorse the products or services offered on Third-Party Websites and subscriber shall hold us harmless from any harm caused by subscriber's purchase of such products or services. Additionally, subscriber shall hold us harmless from any losses sustained by subscriber or harm caused to subscriber relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
We reserve the right, but not the obligation, to: (1) monitor the Service for violations of these Terms of Service; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Service, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of subscriber's Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Service or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Service in a manner designed to protect our rights and property and to facilitate the proper functioning of the Service.
TERM AND TERMINATION
These Terms of Service shall remain in full force and effect while subscriber uses the Service. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF SERVICE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT.
DISCLAIMER OF WARRANTIES
Subscriber understands that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Service will be free of viruses or other destructive code. Subscriber is responsible for implementing sufficient procedures and checkpoints to satisfy subscriber's particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Service for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT SUBSCRIBER'S COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO SUBSCRIBER'S USE OF THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR TO SUBSCRIBER'S DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SERVICE LINKED TO IT.
SUBSCRIBER'S USE OF THE SERVICE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE IS AT SUBSCRIBER'S OWN RISK. THE SERVICE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER RECORD NOR ANY PERSON ASSOCIATED WITH RECORD MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER RECORD NOR ANYONE ASSOCIATED WITH RECORD REPRESENTS OR WARRANTS THAT THE SERVICE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL OTHERWISE MEET SUBSCRIBER'S NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, RECORD HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION ON LIABILITY
NOTWITHSTANDING ANY OTHER TERM HEREIN TO THE CONTRARY AND UNLESS OTHERWISE EXPRESSLY STATED HEREIN, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL RECORD, ITS EMPLOYEES, OFFICERS, DIRECTORS, STOCKHOLDERS, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, CONSULTANTS OR SUPPLIERS BE LIABLE TO SUBSCRIBER OR ANY OTHER THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR STATUTORY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE DELIVERY, PERFORMANCE OR USE OF THE PRODUCTS OR SERVICES, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE AND STRICT LIABILITY, INCLUDING WITHOUT LIMITATION LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF USE OR DATA, DAMAGE TO SYSTEMS OR EQUIPMENT, COST OF COVER, OR OTHER PECUNIARY LOSS, EVEN IF RECORD OR SUBSCRIBER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RECORD’S CUMULATIVE LIABILITY TO SUBSCRIBER SHALL NOT EXCEED THE AMOUNT OF FEES PAID UNDER THIS AGREEMENT IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
THE FOREGOING ALLOCATION OF RISK AND LIMITATION OF LIABILITY HAS BEEN NEGOTIATED BY THE PARTIES AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN RECORD AND SUBSCRIBER.
Subscriber agrees to defend, indemnify, and hold harmless RECORD, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to subscriber's violation of these Terms of Service or subscriber's use of the Service, including, but not limited to, subscriber's Contributions, any use of the Service's content, and products other than as expressly authorized in these Terms of Service, or subscriber's use of any information obtained from the Service.
GOVERNING LAW AND JURISDICTION
All matters relating to the Service and these Terms of Service, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Nevada without giving effect to any choice or conflict of law provision or rule (whether of the State of Nevada or any other jurisdiction). Any legal suit, action, or proceeding arising out of, or related to, these Terms of Service or the Service shall be instituted exclusively in the federal courts of the United States or the courts of the State of Nevada.
LIMITATION ON TIME TO FILE CLAIMS.
ANY CAUSE OF ACTION OR CLAIM SUBSCRIBER MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SERVICE MUST BE COMMENCED WITHIN SIX (6) MONTHS AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
WAIVER AND SEVERABILITY
No waiver by RECORD of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of RECORD to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
SUBSCRIBER'S COMMENTS AND CONCERNS
This website is operated by Record System, Inc. 817 S Main St, Las Vegas, NV 89101. All notices of copyright infringement claims should be sent to [email protected]. All other feedback, comments, requests for technical support, and other communications relating to the Service should be directed to: [email protected].