This Terms of Service Agreement (the “Agreement“) governs your access to and use of Respectful Exits ’s (“Respectful Exits,” “we,” “us“) Internet sites, including without limitation the Internet site currently located at https://www.Respectful Exits.com (together with any successor site(s) and all Services (as defined below), the “Site”).
- Acceptance of Terms. IN CONSIDERATION OF YOUR RIGHT TO VIEW AND OTHERWISE USE THE SITE, YOU ACCEPT AND AGREE TO ALL TERMS HEREIN (“Acceptance By And In Consideration Of Use”).
- Modification of this Agreement. We may update or otherwise change this Agreement from time to time at our sole discretion. Your continued use of the Site after changes are posted to this Agreement on the Site constitutes acceptance of all such changes. If you become a member of Respectful Exits, we may also, at our sole discretion, attempt to notify you by e-mail at any address you have provided to us, or by other means, of such changes. If Respectful Exits notifies you by e-mail or otherwise of changes to this agreement, your failure to close your membership account within ten (10) days of such notification constitutes your acceptance of the new agreement. Respectful Exits shall not be responsible for your failure to receive e-mail or other notices that we have sent.
When using any Services (as defined below), you agree that you are subject to any additional posted guidelines, rules, terms and conditions applicable to such Services, which are hereby incorporated by reference into this Agreement.
- Your Compliance with Applicable Law. The Site is controlled and operated by Respectful Exits from the United States, and by operating the Site Respectful Exits does not intend to subject itself to the laws or jurisdiction of any country, state, or territory other than (as described further in Section 16 herein) the State of Maryland in the United States. Except as otherwise expressly provided herein, Respectful Exits does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction. You warrant that you are at least 18 years of age, you access the Site on your own initiative and at your own risk, and you are responsible for complying with all applicable laws. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and at our sole discretion.
- Description and Modification of the Services. We may provide third-party visitors to the site (“Users”) such as you with access to certain specialized content and services which may include without limitation the following: creation and display of electronic profiles, forums, video clips, photographs, graphics, images, charts, text, data, user comments, postings, messages, articles and other similar content (such content and services, collectively, the “Services”). All Services made available through the Site that were not made available as of the “LAST UPDATED” date above shall automatically be deemed to be part of the Services when they are first made available through the Site.
- Rules of Conduct. While using the Site you are required to comply with all applicable laws, rules and regulations. In addition, we expect users of the Site to respect the rights and dignity of others. Your use of the Site is conditioned on your compliance with this principle and the rules of conduct set forth in this section; any failure to comply may also result in termination of your access to the Site.You agree that you will not:
- Post, transmit, or otherwise make available, through or in connection with the Site:
- Anything that is or may be (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or other proprietary right unless you own, or have the express prior consent of the owner of, each such right.
- Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as “hacking,” “cracking,” or “phreaking.”
- Any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
- Any unsolicited or unauthorized advertising, promotional material, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation.
- Any material, non-public information about a company without the proper authorization to do so.
- Use the Site for any fraudulent or unlawful purpose.
- Use the Site to defame abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity.
- Use the Site to harvest or collect personally identifiable information about other users of the Site, except as authorized hereunder or in a separate agreement between you (or the company with which you are affiliated and on whose behalf you are undertaking such collection) and Respectful Exits.
- Impersonate any person or entity, including without limitation any representative of Respectful Exits; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that we endorse any statement you make.
- Create a Respectful Exits account that purports to represent anyone that is not you.
- Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks.
- Restrict or inhibit any other person from using the Site (including without limitation by hacking or defacing any portion of the Site).
- Use the Site to advertise or offer to sell or buy any goods or services, without Respectful Exits’ express prior written consent.
- Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site.
- Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site.
- Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site.
- Frame or mirror any part of the Site without Respectful Exits’ express prior written consent.
- Create a database by systematically downloading and storing Site content.
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather Site content or reproduce or circumvent the navigational structure or presentation of the Site without Respectful Exits’ express prior written consent.
- Registration; User Names and Passwords. Access to certain Services or areas of the Site require registration with the Site. Should you seek to register with the site, you will be asked to provide, without limitation, a user name and e-mail address. We may refuse to grant you, and you may not use, a user name (or email address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we otherwise deem improper in our sole discretion.No other person, including other members of any organization for which you work or with which you are otherwise affiliated, may use your user name and password on or in connection with the Site. You are responsible for maintaining the confidentiality of any password you may use to access the Site and agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the Site, to any third party. You are fully responsible for all interaction with the Site that occurs in connection with your password or user name. You agree to notify Respectful Exits immediately of any unauthorized use of your password or user name or any other breach of security related to your account or the Site. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
- Information on the Site. The Site contains content provided by the Respectful Exits (“Our Content”) as well as content provided by third-party Site visitors (“Users”) of the Site (“User-Generated Content”). Respectful Exits assumes no responsibility for User-Generated Content. Respectful Exits likewise assumes no responsibility for the activities, omissions or other conduct of Users. YOU RELEASE US, AS WELL AS OUR MANAGERS, OFFICERS, MEMBERS, EMPLOYEES, ATTORNEYS, AND AGENTS (“AFFILIATED ENTITIES”), FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH USERS. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” If you or any other User or person notifies us that certain User-Generated Content allegedly does not conform to this Agreement, Respectful Exits may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such User-Generated Content. Respectful Exits is not liable or responsible to Users or any other third-parties to perform (or not to perform) such activities. This Agreement creates no third-party beneficiaries, except for Affiliated Entities to the extent they are referred to specifically herein.
- User-Generated Content. User-Generated content includes without limitation Profiles and posts to forums. The Site serves as a passive conduit for User-Generated Content. Respectful Exits neither endorses nor makes any warranties about the accuracy, completeness, expected results, or any other aspects of User-Generated Content. In addition, Respectful Exits has no control over, and shall have no liability for any damages resulting from, the use (including without limitation republication) or misuse by any third party of information that you or other Users voluntarily make public through any part of the Site. If you choose to make any of your personally identifiable or other information publicly available through the Site, you do so at your own risk.
- Our Content. Our Content includes without limitation articles, interviews, illustrations, and photographs published to the Site by Respectful Exits. Opinions expressed in Our Content reflect those of the content’s authors and/or interviewees and not necessarily those of Respectful Exits.
- License. You retain ownership of any User-Generated Content you submit through the Site (each, a “Submission”). However, please note that we need certain rights to your Submissions to be able to make them available on the Site. As such, you grant to Respectful Exits and its designees a worldwide, non-exclusive, transferable, royalty-free, fully-paid up, perpetual, irrevocable right and license, without compensation to you: (a) to use, reproduce, distribute, adapt (including without limitation edit, modify, translate, and reformat), create derivative works of, publicly display and publicly perform such Submission, in any media now known or hereafter developed, and (b) to sublicense the foregoing rights, through multiple tiers, to the maximum extent permitted by applicable law.
For each Submission, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, and that such Submission, and your provision thereof to and through the Site, complies with all applicable laws, rules and regulations. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory.
- Monitoring. You acknowledge and agree that (a) we reserve the right (but have no obligation) to evaluate each Submission before allowing it to be posted on the Site or any Forum; and (b) we may do one or all of the following, at our sole discretion: (i) monitor Submissions; (ii) alter, remove, or refuse to post or allow to be posted any Submission; and/or (iii) disclose any Submissions, and the circumstances surrounding their transmission, to any third party in order to operate the Site; to protect Respectful Exits and its employees, officers, directors, shareholders, affiliates, agents, representatives, suppliers and members, and the Site’s users and visitors; to comply with legal obligations or governmental requests; to enforce this Agreement; or for any other reason or purpose. While we reserve the right at our discretion to remove any Submissions from time to time, we do not assume any obligation to do so and disclaim any liability for failing to take any such action.
- Respectful Exits’ Proprietary Rights. The information and materials made available through the Site, including the Services, but excluding User-Generated Content, are and shall remain the property of Respectful Exits and its licensors and suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws.
Respectful Exits, and its logos are trademarks and/or service marks of Respectful Exits. All other trademarks or registered trademarks on the Site belong to their respective owners. The trade names, trademarks and service marks owned by Respectful Exits, whether registered or unregistered, may not be used in connection with any product or service that is not ours, and/or in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Respectful Exits trade names, trademarks or service marks without our express prior written consent.
- Links. The Site may provide links to other web sites and online resources. Because Respectful Exits has no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and we neither endorse nor are responsible or liable for any content, advertising, products or other materials on or available through such sites or resources. Other web sites may provide links to the Site with or without our authorization. You acknowledge and agree that Respectful Exits does not endorse such sites and is not and shall not be responsible or liable for any links from those sites to the Site, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith.Respectful Exits shall have the right, at any time and at its sole discretion, to block links to the Site through technological or other means without prior notice.
- Disclaimer of Warranties. THE SITE AND ANY GOODS OR SERVICES MADE AVAILABLE THROUGH THE SITE ARE PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY MATERIALS AVAILABLE THROUGH THE SITE. Respectful Exits DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE AND ANY PRODUCT OR SERVICE (INCLUDING WITHOUT LIMITATION, THIRD-PARTY PRODUCTS AND SERVICES) OBTAINED THROUGH THE SITE, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE.
SOME JURISDICTIONS DO NOT PERMIT CERTAIN WARRANTIES TO BE DISCLAIMED. ACCORDINGLY, SOME OF THE LIMITATIONS HEREIN MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
- Waiver of Damages. NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT OR OTHERWISE, NEITHER RESPECTFUL EXITS NOR ITS AFFILIATED ENTITIES WILL BE LIABLE TO YOU, OR TO ANY THIRD PARTY CLAIMING THROUGH YOU, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF OTHER INTANGIBLES, PROCUREMENT OF SUBSTITUTE GOODS, GOODWILL, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, RESPECTFUL EXITS WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR FROM ANY CONTENT POSTED ON THE SITE BY RESPECTFUL EXITS OR ANY THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY OF RESPECTFUL EXITS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO RESPECTFUL EXITS TO ACCESS AND USE THE SITE AND SERVICES.
SOME JURISDICTIONS DO NOT PERMIT EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS HEREIN MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
- Indemnity. You agree to defend, indemnify and hold harmless Respectful Exits and Affiliated Entities, from and against all claims, losses, costs and expenses (including attorneys’ fees) arising out of or related to (a) your use of, or activities in connection with, the Site (including all Transactions); or (b) any violation of this Agreement by you.
- Termination. This Agreement is effective until terminated. Respectful Exits, at its sole discretion, may terminate your access to or use of the Site, including without limitation your Membership if you have one, at any time and for any reason. You agree that any termination of your access to or use of the Site may be effected without prior notice, and that Respectful Exits may immediately deactivate or delete your password and user name, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that Respectful Exits and the Affiliated Entities shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files, and shall not be required to make such information or files available to you after any such termination. In the event of a termination of this Agreement, Sections 8,10,12,13,14,16,17,19,20, and 21 shall survive such termination.
- Jury Trial Waiver; Choice of Law and Forum. YOU HEREBY WAIVE YOUR RIGHT TO A JURY TRIAL OF ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF, OR RELATED TO, THE SITE, THE SERVICES, AND/OR THIS AGREEMENT. This Agreement shall be governed by the laws of the state of Maryland, USA, exclusive of choice-of-law principles. You hereby consent to the exclusive jurisdiction of the state courts of the county of Montgomery, Maryland, USA in any and all disputes arising out of or related to the Site, the Services, and/or this Agreement (“Disputes”) or, if subject matter jurisdiction is unavailable there, to the nearest federal court with jurisdiction and proper venue. For avoidance of doubt, you agree that you will not institute or maintain any claim or other legal action related to any Dispute in any court or tribunal not specified in this paragraph. You waive any jurisdictional, venue or inconvenient forum objections to such courts. Notwithstanding any of the foregoing, nothing herein shall preclude Respectful Exits from seeking any injunctive relief in US state or federal courts for protection of its intellectual property rights (including the rights of its licensors).
- Waiver: Our failure to enforce any provision of this Agreement shall not be construed as a waiver or limitation of our right subsequently to enforce and compel strict compliance with every provision of this Agreement. Our failure to insist upon such promises of any part of this Agreement shall not be construed as a waiver of a subsequent default of the same or similar nature.
- Binding on Survivors: All covenants, stipulations, promises, agreements, and provisions in this Agreement shall apply to, bind and be obligatory on the parties hereto, their heirs, executors, administrators, personal representatives, successors, and assigns.
- Severability: If any provisions of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
- Interpretation: Whenever the masculine, feminine or neuter gender is used inappropriately in this Agreement, it shall mean the appropriate gender.
- Force Majeure: Respectful Exits’s failure to perform any term or condition of this Agreement as a result of conditions beyond its control such as, but not limited to, war, strikes, fires, floods, acts of God, governmental restrictions, power failures, or damage or destruction of any network facilities or servers, shall not be deemed a breach of this Agreement and shall create no liability on the Company’s part.
- No Special Relationships Created: This Agreement does not in any way make the parties partners, joint venturers, employer-employee, or principal and agent.
- Assignment and Subcontracts: You may not assign any rights or delegate any duties under this Agreement without the express prior written consent of the other party. We may freely assign our rights and obligations under this Agreement in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
- Main Agreement Controls: To the extent any inconsistencies exist between this Agreement and any appendices or attachments to it, this Agreement shall control.
- Headings and Paragraphs: Headings in this Agreement are for convenience only and shall not affect the meaning of this Agreement. References in this Agreement to any paragraph are to the applicable numbered section of this Agreement unless otherwise clearly noted.
- Information or Complaints. If you have a question or complaint regarding the Site, please send an email to Paul Rupert at email@example.com. You may also contact us by writing to Paul Rupert, 4709 Langdrum Lane, Chevy Chase, MD
- Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send Respectful Exits a notice requesting that Respectful Exits remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send Respectful Exits a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent to: Paul Rupert, Email: firstname.lastname@example.org. Mailing Address: Respectful Exits, 4709 Langdrum Lane, Chevy Chase, MD The foregoing street address is also the business address for Respectful Exits.
- Construction of Disclaimers. No language disclaiming warranties or liability, or granting a release, in one section or subsection of this Agreement shall be construed to limit any other language disclaiming liability or warranties, or granting a release, in any other section or subsection of this Agreement.
- Entire Agreement: This Agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties.
CHECKING THE “I AGREE TO THE ENTIRE RESPECTFUL EXITS’S TERMS OF SERVICE” BOX DURING THE MEMBERSHIP APPLICATION PROCESS AND/OR USE OF THE SITE CONSTITUTES ACCEPTANCE OF THESE TERMS OF SERVICE.
Last updated April 27, 2018