Scope and Applicability.
BY VIEWING THE WEB SITE(S) AND USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, INCLUDING THE WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY AND TERMINATION PROVISIONS BELOW. IF YOU DO NOT AGREE TO SUCH TERMS AND CONDITIONS, RRM IS NOT WILLING TO PROVIDE YOU WITH ACCESS TO THE SERVICES, AND YOU SHOULD IMMEDIATELY DISCONTINUE YOUR USE OF THE WEB SITE(S).
RRM may modify this Agreement from time to time in its sole discretion and without notice to you. You should review this Agreement periodically to ensure familiarity with its then-current terms and conditions. Your continued use of the Services shall constitute your acceptance of this Agreement and your continued use of the Services following any modification of this Agreement shall constitute your acceptance of such modifications to this Agreement.
Use of the Services.
In accordance with the terms and conditions of this Agreement, RRM grants you a non-exclusive, limited, non-transferable license to use the Services and view the online content for your personal, non-commercial, educational use. The Services (and the content and information included therein) are protected by copyright pursuant to United States laws and international treaties and are owned or licensed by RRM and/or the Information Provider(s) credited. You shall abide by all copyright notices, information, or restrictions contained in any content or information accessed through the Services.
You may not reproduce, modify, edit, retransmit, disseminate, sell, distribute, perform, display, publish, broadcast, circulate, create derivative works from, or commercially exploit the Services (including the content and information made available through the Services), in whole or in part, in any manner, without the prior written consent of RRM, nor use the content or information made available through the Services for any unlawful purpose or any purpose than otherwise intended. You may not replay for commercial purposes video and/or audio materials available on the Web site(s). Nothing contained in this Agreement shall be construed as conferring any right in any copyright, trademark, or other intellectual property of RRM to you. Violation of this policy may result in infringement of the intellectual property and contractual rights of RRM, the Information Providers and/or other third parties, which is prohibited by law and could result in substantial civil and criminal penalties.
No part of these materials may be copied, modified, edited, reproduced, uploaded, posted, transmitted or distributed in any form or by any means, electronic or mechanical, now known or hereafter invented without the prior written consent of RRM and/or the Information Providers. Notwithstanding the foregoing, you may, for your personal, temporary, non-commercial use, print hard copies of pages from the Web site(s) and the printable versions displayed therein, provided you maintain all copyright and other notices contained therein. No other copying of the Web site(s) or components thereof, in whole or in part, is permitted without RRM’s prior express written authorization, which may be withheld for any reason.
You agree to accept sole responsibility for: (1) any use of Internet facilities conducted or permitted by you or your agents, contractors, employees or other users; (2) the conduct of any business, advertising, marketing or sales in connection therewith; and (3) any negligent or illegal act or omission of you or your agents, contractors, employees or other users.
When retrieving information from the Services, you are expressly prohibited from: (1) using or attempting to use data mining, spiders, robots, intelligent agents, or any other similar data gathering, extraction or navigation search methods except for a normal browser; (2) aggregating, copying or duplicating any of the materials or information available from the Web site(s) except for the small amount of materials and information temporarily required for an ordinary single use of the Web site(s); or (3) accessing data not intended for such user.
Hyperlinks on the Web Site(s).
RRM may from time to time, directly or indirectly, provide hyperlinks (“links”) to or, in our sole discretion, accept links from Web sites of third parties. RRM does not control or maintain the material presented by other persons on their Web sites. The inclusion of any link on the Web site(s) does not imply an association or relationship between RRM and the person or entity sponsoring the linked site and does not constitute or imply an endorsement, approval or sponsorship of the linked site or content by RRM, or the endorsement, approval or sponsorship of RRM by the sponsor of the linked site. The links do not imply legal authority to use any protected rights of others reflected in the links. We do not vouch for or assume any responsibility for the content, accuracy or completeness of the material presented directly or indirectly in linked sites. If you use any of the links, you will leave the Web site(s).
Linking to the Web Site(s).
You may not link other sites to the Web site(s) without prior authorization by RRM, which may be withheld for any reason. In all circumstances, you may not frame or alter the appearance of the Web site(s) or reproduce or host content from the Web site(s) on your Web site. Further, you may not state or imply that RRM endorses, sponsors or otherwise approves your site. You may not use any of the RRM service marks or logos without prior written consent, which may be withheld for any reason.
No Representations or Warranties.
RRM does not represent or warrant that information and content provided in connection with the Services is or will be always up-to-date, complete, accurate or available for viewing. The Services may include facts, views, opinions and recommendations of individuals and organizations deemed of interest. The Services also may include product materials supplied by third party vendors. Neither RRM nor the Information Providers guarantee the accuracy, completeness or timeliness of, or otherwise endorses, these views, opinions, recommendations or content. RRM reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any content from the Web site(s). RRM will take reasonable efforts to correct inaccuracies that are brought to its attention.
Notwithstanding the foregoing, we have no duty to edit or review materials submitted by users. RRM and the Information Providers give no assurances whatsoever regarding the information or materials available on the Web site(s). If you submit any information to or via the Web site(s), you agree not to: (1) post or transmit anything that is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior; (2) post or transmit any pyramid schemes, chain letters or conduct gambling; (3) post or transmit anything that violates the copyright or intellectual property rights of any person or entity; (4) post or transmit a virus or any other harmful component; (5) post anything that you know is incorrect or potentially harmful to any third party; or (6) contact other users of the Web site(s) through unsolicited e-mail, telephone calls, mailings or any other method of communication. Any such materials may be removed from the Web site(s) at any time for any reason.
If, through the use of the Services, you decide to submit, enter or transmit information or materials of any kind, you are solely responsible for ensuring that you may do so and that such information and materials can be accessed, used, copied, distributed and adapted by other users of the Services (including RRM and its Information Providers) without liability or restriction. You agree to indemnify RRM and the Information Providers from any damage, loss, cost or expense which may be incurred by RRM as a result of the material you link, upload, post or transmit to or via the Web site(s).
Intellectual Property Rights.
“RRM Design Group®,” “Creating Environments People Enjoy®” and the various RRM Design Group® and RRM® designs are registered federal service marks of RRM. You may not use our name or any of our service marks or logos without our prior written consent. Unless otherwise noted, all materials, including but not limited to the Web site(s), all articles, text, graphics, logos, images, illustrations, designs, icons, photographs, video clips, audio clips, all menu pages, underlying HTML code, and software that is part of the Web site(s), are protected under copyright laws and are the trademarks, service marks, trade dress and/or other intellectual properties owned, controlled or licensed by RRM, the Information Providers, or are otherwise part of the public domain.
Without prior written consent, you may not republish, frame, retransmit, modify or create derivative works of any material contained in the Web site(s) on any other Web site or in materials of any other entity. Further, the computer code created by or for RRM to generate the Web site(s) is protected by copyright and any copying or adapting of such code is strictly prohibited.
In accordance with the terms and conditions of this Agreement, RRM may discontinue or change the Services, or their availability to you, immediately, in its sole discretion, at any time without cause. RRM may terminate this Agreement and your access to and use of the Services, or any portion thereof, immediately, in its sole discretion, at any time without cause.
Disclaimer of Warranties.
You understand and agree that your use of the Services is at your sole risk. THE SERVICES AND THE INFORMATION PRESENTED ON THE WEB SITE(S) ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, RELIABILITY, NONINFRINGEMENT, RESULT OR OUTCOME. ANY REPRESENTATION OR WARRANTY THAT MIGHT BE OTHERWISE IMPLIED IS EXPRESSLY DISCLAIMED BY RRM AND/OR THE INFORMATION PROVIDERS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE SUCH AS LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
ALTHOUGH THE WEB SITE(S) MAY CONTAIN A CLIENT PORTAL, ELECTRONIC BULLETIN BOARD AND/OR BLOG (COLLECTIVELY, THE “BULLETIN BOARD”), RRM SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR THE ACCURACY OF ANY OPINIONS, ADVICE, REPRESENTATIONS OR INFORMATION POSTED ON THE BULLETIN BOARD. RRM RESERVES THE RIGHT (BUT SHALL NOT HAVE AN OBLIGATION) TO REMOVE POSTINGS THAT IT DEEMS INAPPROPRIATE OR OFFENSIVE; PROVIDED, HOWEVER, RRM BEARS NO RESPONSIBILITY FOR THE CONTENT ON THE WEB SITE(S), ANY THIRD PARTY’S RELIANCE THEREON, OR THE IMPROPER USE OF THE WEB SITE(S) BY ANY THIRD PARTY, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, VIOLATIONS OF APPLICABLE ANTI-SPAMMING LAWS OR ANY VIOLATION OF ANY LAWS AND STATUTES REGULATING THE USE OF INTERNET WEB SITES, POSTING INFORMATION THAT CONTAINS VULGAR OR QUESTIONABLE LANGUAGE, THAT MAY BE ILLEGAL UNDER FEDERAL OR STATE LAWS, OR MAY BE ILLICIT, INDECENT OR PORNOGRAPHIC IN NATURE.
Limitation of Liability.
TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, NEITHER RRM NOR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, CONSULTANTS, CONTRACTORS, SUBCONTRACTORS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, LICENSORS, OR THE INFORMATION PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, YOUR USE OF THE SERVICES, ACCESS TO OR INABILITY TO ACCESS THE SERVICES, USE OF OR RELIANCE ON THE INFORMATION IN OR THROUGH THE SERVICES, OR RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA, GOODWILL, BUSINESS REPUTATION, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER INTANGIBLE LOSS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER RRM NOR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, CONSULTANTS, CONTRACTORS, SUBCONTRACTORS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, LICENSORS OR THE INFORMATION PROVIDERS SHALL BE LIABLE TO YOU OR OTHERS FOR LIABILITY OR DAMAGES UNDER CONTRACT OR TORT THEORIES OR ANY DAMAGES CAUSED BY VIRUSES, “TROJAN HORSES,” “WORMS,” “TIME BOMBS,” OR ANY OTHER DAMAGING COMPUTER PROGRAMMING ROUTINES OR ENGINES CONTAINED WITHIN ELECTRONIC FILES OF THE WEB SITE(S) OR ANY LINKED SITE, REGARDLESS OF PRIOR NOTICE TO RRM OR THE INFORMATION PROVIDERS. IN NO EVENT SHALL RRM BE LIABLE FOR DAMAGES TO YOU OR ANY THIRD PARTY FOR ANY DEFICIENCY, ERROR OR INTERRUPTION IN THE SERVICES.
Limitation of Claims.
Unless statute mandates a lesser period, any action on any claim against RRM and/or the Information Providers must be filed by the user within one (1) year following the date the claim first accrued or it shall be deemed waived.
RRM will, in appropriate circumstances, remove from the Web site(s) information that might infringe the intellectual property rights of others. If you believe your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Web site(s) or on sites to which the Web site(s) link, you must provide our Copyright Agent with notice, including substantially the following:
(i) A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;
(ii) A description of the copyrighted work or works that you claim have been infringed and an identification of what material in such work(s) is claimed to be infringing and which you request to be removed from the Web site. If multiple copyrighted works are covered by a single notification, a representative list of such works must be provided;
(iii) Identification of the location on the Web site of the allegedly infringing material(s) reasonably sufficient to permit RRM to locate the material(s). The easiest way to do this is by providing Web addresses (URLs) leading directly to the allegedly infringing material(s);
(iv) Information reasonably sufficient to permit us to contact you, including your full name, physical address, telephone number, fax number and, if available, your direct email address:
(v) A statement by you that you have a good faith belief that the use of the material(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law;
(vi) A statement by you that the information in your notice is accurate, and, under penalty of perjury, a declaration that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
(vii) Your electronic or physical signature.
Notice of copyright infringement should be mailed to RRM’s Copyright Agent at the following address:
c/o RRM Design Group
3765 S. Higuera Street, #102
San Luis Obispo, CA 93401
THE COPYRIGHT AGENT SHOULD BE CONTACTED ONLY IF YOU BELIEVE THAT YOUR WORK HAS BEEN USED OR COPIED IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT AND SUCH INFRINGEMENT IS OCCURRING ON THE WEB SITE OR ON SITES LINKED TO FROM THE WEB SITE(S). ALL OTHER INQUIRIES DIRECTED TO THE COPYRIGHT AGENT WILL NOT RECEIVE A RESPONSE.
Additional Disclosures and Information.
The Web site(s) (excluding linked sites) are controlled by RRM from its offices within the State of California, U.S.A. By accessing the Web site(s), you and RRM agree that all matters relating to your access to, or use of, the Web site(s) shall be governed by the statutes and laws of the State of California, without regard to conflicts of laws principles.
You and RRM also agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of San Luis Obispo County and the United States District Court for the Central District of California with respect to such matters. RRM makes no representation that the Services (and the content and information included therein) are appropriate for use in other locations. Those who choose to access the Services from locations outside California shall be responsible for compliance with local laws if and to the maximum extent local laws may be applicable. Notwithstanding the foregoing, you agree that RRM shall still be allowed to apply for injunctive relief (or an equivalent type of urgent legal relief) in any jurisdiction.
If any legal proceeding, arbitration or other action is brought or threatened for the enforcement or interpretation of these Terms and Conditions, or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of these Terms and Conditions, and the prevailing party in any such action(s) should incur any legal fees or costs, including, but not limited to, attorneys’ fees, paralegal fees, expert witness fees and other similar costs, the successful or prevailing party or parties to any such dispute or action shall be entitled to recover their reasonable attorneys’ fees and additional legal costs incurred, together with any other relief to which they may otherwise be entitled, as determined by an arbitrator, judge at trial, or upon appeal or petition.
If, for any reason, a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of RRM as reflected by that provision, and the remainder of this Agreement shall continue in full force and effect. Any failure by RRM to enforce or exercise any provision of this Agreement or related rights shall not constitute a waiver of that right or provision. The headings used in this Agreement are inserted only for convenience and ease of reference and are not to be considered in the construction or interpretation of any provision of this Agreement.
For additional information about the Web site(s) or the Services, please contact us using the online submission form or other information available on the “Contact” page of the Web site(s).
Effective Date: September 9, 2021