Terms of Service
The
following terms and conditions govern all use of the rsi.guru website and all
content, services and products available at or through the website (taken
together, the Website). The Website is owned and operated by rsi.guru ("rsi.guru").
The Website is offered subject to your acceptance without modification of all
of the terms and conditions contained herein and all other operating rules,
policies (including, without limitation, rsi.guru Privacy Policy) and
procedures that may be published from time to time on this Site by rsi.guru
(collectively, the "Agreement").
Please
read this Agreement carefully before accessing or using the Website. By
accessing or using any part of the web site, you agree to become bound by the
terms and conditions of this agreement. If you do not agree to all the terms
and conditions of this agreement, then you may not access the Website or use
any services. If these terms and conditions are considered an offer by rsi.guru,
acceptance is expressly limited to these terms. The Website is available only
to individuals who are at least 13 years old.
- Your rsi.guru.com Account
and Site. If
you create a blog/site on the Website, you are responsible for maintaining
the security of your account and blog, and you are fully responsible for
all activities that occur under the account and any other actions taken in
connection with the blog. You must not describe or assign keywords to your
blog in a misleading or unlawful manner, including in a manner intended to
trade on the name or reputation of others, and rsi.guru may change or remove
any description or keyword that it considers inappropriate or unlawful, or
otherwise likely to cause rsi.guru liability. You must immediately notify rsi.guru
of any unauthorized uses of your blog, your account or any other breaches
of security. rsi.guru will not be liable for any acts or omissions by You,
including any damages of any kind incurred as a result of such acts or
omissions.
- Responsibility of
Contributors. If
you operate a blog, comment on a blog, post material to the Website, post
links on the Website, or otherwise make (or allow any third party to make)
material available by means of the Website (any such material,
"Content"), You are entirely responsible for the content of, and
any harm resulting from, that Content. That is the case regardless of
whether the Content in question constitutes text, graphics, an audio file,
or computer software. By making Content available, you represent and
warrant that:
- the downloading, copying
and use of the Content will not infringe the proprietary rights,
including but not limited to the copyright, patent, trademark or trade
secret rights, of any third party;
- if your employer has rights
to intellectual property you create, you have either (i) received
permission from your employer to post or make available the Content,
including but not limited to any software, or (ii) secured from your
employer a waiver as to all rights in or to the Content;
- you have fully complied
with any third-party licenses relating to the Content, and have done all
things necessary to successfully pass through to end users any required
terms;
- the Content does not
contain or install any viruses, worms, malware, Trojan horses or other
harmful or destructive content;
- the Content is not spam, is
not machine- or randomly-generated, and does not contain unethical or
unwanted commercial content designed to drive traffic to third party
sites or boost the search engine rankings of third party sites, or to
further unlawful acts (such as phishing) or mislead recipients as to the
source of the material (such as spoofing);
- the Content is not
pornographic, does not contain threats or incite violence towards
individuals or entities, and does not violate the privacy or publicity
rights of any third party;
- your blog is not getting
advertised via unwanted electronic messages such as spam links on
newsgroups, email lists, other blogs and web sites, and similar
unsolicited promotional methods;
- your blog is not named in a
manner that misleads your readers into thinking that you are another
person or company. For example, your blog's URL or name is not the name
of a person other than yourself or company other than your own; and
- you have, in the case of
Content that includes computer code, accurately categorized and/or
described the type, nature, uses and effects of the materials, whether
requested to do so by rsi.guru or otherwise.
By submitting Content to rsi.guru for inclusion on
your Website, you grant rsi.guru a world-wide, royalty-free, and non-exclusive
license to reproduce, modify, adapt and publish the Content solely for the
purpose of displaying, distributing and promoting your blog. If you delete
Content, rsi.guru will use reasonable efforts to remove it from the Website,
but you acknowledge that caching or references to the Content may not be made
immediately unavailable.
Without limiting any of those representations or
warranties, rsi.guru has the right (though not the obligation) to, in rsi.guru
sole discretion (i) refuse or remove any content that, in rsi.guru reasonable
opinion, violates any rsi.guru policy or is in any way harmful or
objectionable, or (ii) terminate or deny access to and use of the Website to
any individual or entity for any reason, in rsi.guru sole discretion. rsi.guru
will have no obligation to provide a refund of any amounts previously paid.
- Payment and Renewal.
- General Terms.
By selecting a product or service, you agree to pay rsi.guru the one-time
and/or monthly or annual subscription fees indicated (additional payment
terms may be included in other communications). Subscription payments
will be charged on a pre-pay basis on the day you sign up for an Upgrade
and will cover the use of that service for a monthly or annual
subscription period as indicated. Payments are not refundable. - Automatic Renewal.
Unless you notify rsi.guru before the end of the applicable subscription
period that you want to cancel a subscription, your subscription will
automatically renew and you authorize us to collect the then-applicable
annual or monthly subscription fee for such subscription (as well as any
taxes) using any credit card or other payment mechanism we have on record
for you. Upgrades can be canceled at any time by submitting your request
to rsi.guru in writing.
- Services.
- Fees; Payment. By signing up for a
Services account you agree to pay rsi.guru the applicable setup fees and
recurring fees. Applicable fees will be invoiced starting from the day
your services are established and in advance of using such services. rsi.guru
reserves the right to change the payment terms and fees upon thirty (30)
days prior written notice to you. Services can be canceled by you at
anytime on thirty (30) days written notice to rsi.guru.
- Support. If your service
includes access to priority email support. "Email support"
means the ability to make requests for technical support assistance by
email at any time (with reasonable efforts by rsi.guru to respond within
one business day) concerning the use of the VIP Services.
"Priority" means that support takes priority over support for
users of the standard or free rsi.guru.com services. All support will be
provided in accordance with rsi.guru standard services practices,
procedures and policies.
- Responsibility of Website
Visitors. rsi.guru
has not reviewed, and cannot review, all of the material, including
computer software, posted to the Website, and cannot therefore be
responsible for that material's content, use or effects. By operating the
Website, rsi.guru does not represent or imply that it endorses the
material there posted, or that it believes such material to be accurate,
useful or non-harmful. You are responsible for taking precautions as
necessary to protect yourself and your computer systems from viruses,
worms, Trojan horses, and other harmful or destructive content. The
Website may contain content that is offensive, indecent, or otherwise
objectionable, as well as content containing technical inaccuracies,
typographical mistakes, and other errors. The Website may also contain
material that violates the privacy or publicity rights, or infringes the
intellectual property and other proprietary rights, of third parties, or
the downloading, copying or use of which is subject to additional terms
and conditions, stated or unstated. rsi.guru disclaims any responsibility
for any harm resulting from the use by visitors of the Website, or from
any downloading by those visitors of content there posted.
- Content Posted on Other
Websites. We
have not reviewed, and cannot review, all of the material, including
computer software, made available through the websites and webpages to
which rsi.guru.com links, and that link to rsi.guru.com. rsi.guru does not
have any control over those non-rsi.guru websites and webpages, and is not
responsible for their contents or their use. By linking to a non-rsi.guru
website or webpage, rsi.guru does not represent or imply that it endorses
such website or webpage. You are responsible for taking precautions as
necessary to protect yourself and your computer systems from viruses,
worms, Trojan horses, and other harmful or destructive content. rsi.guru
disclaims any responsibility for any harm resulting from your use of non-rsi.guru
websites and webpages.
- Copyright Infringement and
DMCA Policy. As
rsi.guru asks others to respect its intellectual property rights, it
respects the intellectual property rights of others. If you believe that
material located on or linked to by rsi.guru.com violates your copyright,
you are encouraged to notify rsi.guru in accordance with rsi.guru Digital
Millennium Copyright Act ("DMCA") Policy. rsi.guru will respond
to all such notices, including as required or appropriate by removing the
infringing material or disabling all links to the infringing material. rsi.guru
will terminate a visitor's access to and use of the Website if, under
appropriate circumstances, the visitor is determined to be a repeat
infringer of the copyrights or other intellectual property rights of rsi.guru
or others. In the case of such termination, rsi.guru will have no
obligation to provide a refund of any amounts previously paid to rsi.guru.
- Intellectual Property. This Agreement does
not transfer from rsi.guru to you any rsi.guru or third party intellectual
property, and all right, title and interest in and to such property will
remain (as between the parties) solely with rsi.guru. rsi.guru, rsi.guru.com,
the rsi.guru.com logo, and all other trademarks, service marks, graphics
and logos used in connection with rsi.guru.com, or the Website are
trademarks or registered trademarks of rsi.guru or rsi.guru licensors.
Other trademarks, service marks, graphics and logos used in connection
with the Website may be the trademarks of other third parties. Your use of
the Website grants you no right or license to reproduce or otherwise use
any rsi.guru or third-party trademarks.
- Advertisements. rsi.guru reserves the
right to display advertisements on your blog unless you have purchased an
ad-free account.
- Attribution. rsi.guru reserves the
right to display attribution links such as 'Blog at rsi.guru.com,' theme
author, and font attribution in your blog footer or toolbar.
- Partner Products. By activating a
partner product (e.g. theme) from one of our partners, you agree to that
partner's terms of service. You can opt out of their terms of service at
any time by de-activating the partner product.
- Refund Policy. The software product
comes with a $1 Trial period which users can cancel prior to the end of
the trial period to prevent future billing. The Money back
Guaranteed/Refund is applicable to the $1 trial payment only.
- Domain Names. If you are registering
a domain name, using or transferring a previously registered domain name,
you acknowledge and agree that use of the domain name is also subject to
the policies of the Internet Corporation for Assigned Names and Numbers
("ICANN"), including their Registration Rights and Responsibilities.
- Changes. rsi.guru reserves the right,
at its sole discretion, to modify or replace any part of this Agreement.
It is your responsibility to check this Agreement periodically for
changes. Your continued use of or access to the Website following the
posting of any changes to this Agreement constitutes acceptance of those
changes. rsi.guru may also, in the future, offer new services and/or
features through the Website (including, the release of new tools and
resources). Such new features and/or services shall be subject to the
terms and conditions of this Agreement.
- Termination. rsi.guru may terminate your
access to all or any part of the Website at any time, with or without
cause, with or without notice, effective immediately. If you wish to
terminate this Agreement or your rsi.guru.com account (if you have one),
you may simply discontinue using the Website. Notwithstanding the
foregoing, if you have a paid services account, such account can only be
terminated by rsi.guru if you materially breach this Agreement and fail to
cure such breach within thirty (30) days from rsi.guru notice to you
thereof; provided that, rsi.guru can terminate the Website immediately as
part of a general shut down of our service. All provisions of this
Agreement which by their nature should survive termination shall survive
termination, including, without limitation, ownership provisions, warranty
disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is
provided "as is". rsi.guru and its suppliers and licensors
hereby disclaim all warranties of any kind, express or implied, including,
without limitation, the warranties of merchantability, fitness for a
particular purpose and non-infringement. Neither rsi.guru nor its
suppliers and licensors, makes any warranty that the Website will be error
free or that access thereto will be continuous or uninterrupted. You
understand that you download from, or otherwise obtain content or services
through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will rsi.guru,
or its suppliers or licensors, be liable with respect to any subject
matter of this agreement under any contract, negligence, strict liability
or other legal or equitable theory for: (i) any special, incidental or
consequential damages; (ii) the cost of procurement for substitute
products or services; (iii) for interruption of use or loss or corruption
of data; or (iv) for any amounts that exceed the fees paid by you to rsi.guru
under this agreement during the twelve (12) month period prior to the
cause of action. rsi.guru shall have no liability for any failure or delay
due to matters beyond their reasonable control. The foregoing shall not
apply to the extent prohibited by applicable law.
- General Representation and
Warranty. You
represent and warrant that (i) your use of the Website will be in strict
accordance with the rsi.guru Privacy Policy, with this Agreement and with
all applicable laws and regulations (including without limitation any
local laws or regulations in your country, state, city, or other
governmental area, regarding online conduct and acceptable content, and
including all applicable laws regarding the transmission of technical data
exported from the United States or the country in which you reside) and
(ii) your use of the Website will not infringe or misappropriate the
intellectual property rights of any third party.
- Affiliate Program Terms. Affiliate
payments/commissions are only paid once an affiliate reaches 3 or more
affiliate sales (individual sales NOT recurrring payments for one referred
sale) for a single product and are not payable on an affiliates own
purchases or those of family members.
- Indemnification. You agree to indemnify
and hold harmless rsi.guru, its contractors, and its licensors, and their
respective directors, officers, employees and agents from and against any
and all claims and expenses, including attorneys' fees, arising out of
your use of the Website, including but not limited to your violation of
this Agreement.
- Miscellaneous. This Agreement
constitutes the entire agreement between rsi.guru and you concerning the
subject matter hereof, and they may only be modified by a written
amendment signed by an authorized executive of rsi.guru, or by the posting
by rsi.guru of a revised version. Except to the extent applicable law, if
any, provides otherwise, this Agreement, any access to or use of the
Website will be governed by the laws of the QLD, Australia, excluding its
conflict of law provisions, and the proper venue for any disputes arising
out of or relating to any of the same will be the state and federal courts
located in QLD, Australia. Except for claims for injunctive or equitable
relief or claims regarding intellectual property rights (which may be
brought in any competent court without the posting of a bond), any dispute
arising under this Agreement shall be finally settled in accordance with
the Comprehensive Arbitration Rules of the Judicial Arbitration and
Mediation Service, Inc. ("JAMS") by three arbitrators appointed
in accordance with such Rules. The arbitration shall take place in QLD,
Australia, in the English language and the arbitral decision may be enforced
in any court. The prevailing party in any action or proceeding to enforce
this Agreement shall be entitled to costs and attorneys' fees. If any part
of this Agreement is held invalid or unenforceable, that part will be
construed to reflect the parties' original intent, and the remaining
portions will remain in full force and effect. A waiver by either party of
any term or condition of this Agreement or any breach thereof, in any one
instance, will not waive such term or condition or any subsequent breach
thereof. You may assign your rights under this Agreement to any party that
consents to, and agrees to be bound by, its terms and conditions; rsi.guru
may assign its rights under this Agreement without condition. This
Agreement will be binding upon and will inure to the benefit of the
parties, their successors and permitted assigns.