Welcome to Right App, the service for single adults to meet each other online.
Agreement with You. This Agreement is a contract between you, the user of Right's Services (as defined below) and Right Inc., an Ontario corporation (known herein as "Right", "us", or "we" from time to time), that sets out the legally binding terms of your use of the mobile application provided by Right for download from time to time (the "Application") and/or website at www.1umatch.com (the "Website") and/or your membership or other use of any services offered by Right (your "Membership") (collectively known as the "Services"). This Agreement may be modified by Right from time to time, such modifications to be effective upon posting by Right on the Website. By specifically accepting this Agreement during your sign up or by accessing, downloading or using any of the Services, you are acknowledging that you have read, understood and accept the terms set out in the following agreements:
ii. Right's Acceptable Use Policy for Content Posted on the Application/Website;
iv. Right's subscription or membership policies, Membership Criteria and any notices regarding the Application/Website.
Electronic Form. By accessing the Application or becoming a Member, you consent to have this Agreement provided to you in electronic form.
Access and Retention. The current version of these agreements are available at (www.right.com/terms-of-use). You are advised to print a copy of this and all related agreements for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program.
You must be the older of: eighteen (18) years of age or the legal age of majority in your jurisdiction and you must meet the current Membership Criteria of Right to register as a member of Right or use the Services. Your use of the Services or Membership is at the sole discretion of Right and is not permitted in any jurisdiction where prohibited by law.
By using the Services, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
Subscription, In-App Purchases; Pricing.
Right reserves the right to increase or decrease the subscription fee when implemented and in-app purchases, to increase or decrease the services associated with the Fees or to implement levels of service (tiered structure) or otherwise vary the pricing structure by giving notice to you by any of the following in its sole discretion: mail, e-mail or by posting a notice on our App Store and Google Play page.
Non-commercial Use by Members.
The Service is for the personal use of individual Members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Members and should not use the Services for any purpose. Illegal and/or unauthorized uses of the Application/Website, including collecting names and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Application/Website may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Application/Website is with the permission of Right, which may be revoked at any time, for any reason, in Right's sole discretion.
You are responsible for maintaining the confidentiality of the name and password that you designate during the Registration process, and you are fully responsible for all activities that occur under your name and password. You agree to (a) immediately notify Right of any unauthorized use of your name or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session and to otherwise comply with any instructions given to you by Right with respect to safeguarding your password. Right will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared mobile device/computer so that others are not able to view or record your password or other personal information. You should also take appropriate precautions to protect your computers or mobile devices from breaches of security or theft.
Your Interactions with Other Members.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT RIGHT DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS. RIGHT ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ANY OF ITS MEMBERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS MEMBERS. RIGHT MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE MEMBERS. RIGHT RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
IN NO EVENT SHALL RIGHT BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THIS SERVICE OR PERSONS YOU MEET THROUGH THIS SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER MEMBERS OF THE SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. YOU UNDERSTAND THAT RIGHT MAKES NO REPRESENTATIONS OR GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING YOUR ULTIMATE COMPATIBILITY WITH INDIVIDUALS YOU MEET THROUGH THE SERVICE AND YOU ARE ADVISED TO USE AN APPROPRIATE LEVEL OF CAUTION AND DILIGENCE BEFORE DECIDING TO ARRANGE A MEETING. YOU ARE ADVISED NEVER TO PROVIDE YOUR FINANCIAL INFORMATION (FOR EXAMPLE, YOUR CREDIT CARD OR BANK ACCOUNT INFORMATION) TO OTHER MEMBERS.
Content on Right.
Proprietary Rights. Right owns and retains all proprietary rights in the Application/Website and the Service. The Application/Website contains the copyrighted material, trademarks, and other proprietary information of Right, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
Reliance on Content, Advice, Etc. Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by Right, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Right does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Application/Website. Under no circumstances will Right be responsible for any loss or damage resulting from your reliance on information or other content posted on the Application/Website or transmitted to or by any Members.
You may be able to access websites, content, products or services provided by third-parties through links that are made available in the Services. We refer to all such websites, content, services and products as "Third-Party Offerings." For example, we may permit third parties to advertise their products and services, and those advertisements may contain links to the website(s) of the advertisers. If you elect to use such Third-Party Offerings, you understand that your use of them will be subject to any terms and conditions required by the applicable third-party provider(s). You understand that we are not the provider of, and are not responsible for, any such Third-Party Offerings and that this Agreement does not grant you any rights to access, use or purchase any Third-Party Offerings. You agree to hold us harmless and indemnify us against any claims arising from your use of Third-Party Offerings.
Content Posted by You on Right.
You are solely responsible for the Content that you publish or display (hereinafter, "Post") on the Service, or transmit to other Members. You will not post on the Service, or transmit to other Members, any defamatory, inaccurate, abusive, nude, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to the Company or to any other Member. If information provided to Right, or another Member, subsequently becomes inaccurate, misleading or false, you will promptly notify Right of such change.
You understand and agree that Right may review and delete any content, messages, videos, photos or profiles (collectively, "Content"), in each case in whole or in part, that in the sole judgment of Right violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.
By posting Content to any public area of Right, you automatically grant, and you represent and warrant that you have the right to grant, to Right, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your content by Right will not infringe or violate the rights of any third party.
The following is a partial list of the kind of Content that is illegal or prohibited on the Application/Website. Right reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes, but is not limited to, Content that:
is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
promotes information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;
provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
Your use of the Service, including but not limited to the Content you post on the Service, must be in accordance with any and all applicable laws and regulations.
You may not include in your Member profile any telephone numbers, street addresses, last names, URLs or email addresses.
You may not engage in advertising to, or solicitation of, other Members. This includes but is not limited to solicitation or advertising to buy or sell any products or services through the Service or to attend parties or other social functions or networking for commercial purposes. You may not transmit any chain letters or junk email to other Members. Although Right cannot monitor the conduct of its Members off the Application/Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, we reserve the right to restrict the number of messages which a Member may send to other Members in any 24-hour period to a number which we deem appropriate in our sole discretion.
All information you include in your Member profile must be accurate, current and complete.
Right reserves the right to investigate and terminate/delete your membership if you have misused the Service, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. The following is a partial list of the type of actions that you may not engage in with respect to the Service:
You will not impersonate any person or entity.
You will not "stalk" or otherwise harass any person.
You will not express or imply that any statements you make are endorsed by Right without our specific prior written consent.
You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents.
You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
You will not remove any copyright, trademark or other proprietary rights notices contained in the Services.
You will not interfere with or disrupt the Services or the site or the servers or networks connected to the Services or the app/site.
You will not post, message/email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.
You will not "frame" or "mirror" any part of the Service or the Application/Website, without Right's prior written authorization. You also shall not use meta tags or code or other devices containing any reference to Right or the Service or the site in order to direct any person to any other web site for any purpose.
You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Website or any software used on or for the Service or cause others to do so.
Subscriptions; Charges on Your Billing Account.
Billing and Payment. Right bills you through a third party provider of payment processing services (including but not limited to the Apple Store and Google Play) for use of the Services (known as our "Billing Agent"). You agree to pay the us all charges at the prices you agreed to for any use of the Service by you or other persons (including your agents) using your Billing Account, and you authorize the Right and our Billing Agent that it may determine to charge your chosen payment provider for the Service. You agree to make payment using that selected Payment Method. Right or its Billing Agent may correct any billing errors or mistakes that it makes even if it has already requested or received payment. This Section 10 includes any agreements you made with Right on the Application/Website when becoming a Member or subscribing to the Service. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method.
Sales Taxes. You will be solely responsible for payment of all taxes including sales taxes, fees, duties, and other governmental charges, and any related penalties and interest, arising from the Services purchased both in the home jurisdiction of Right and in the jurisdiction in which you reside ("Taxes") whether or not same are collected by Right. If any Taxes are owed or become owing as a result of a purchase or subscription by you, you agree either, as solely determined by us, to: (i) remit such Taxes to us forthwith upon written demand, or (ii) remit the said Taxes directly to the appropriate taxing authority and indemnify and save harmless Right from any liability to collect or remit same.
Current Information. You must provide current, complete and accurate information for your Billing Account. You must promptly update all information to keep your Billing Account current, complete and accurate (such as a change in billing address, card number or expiration date), and you must promptly notify the Right and/or the Billing Agent if your Payment Method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your name or password). If you fail to provide us with any of the foregoing information, you agree that you are responsible for fees accrued under your Billing Account. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer.
Reaffirmation of Authorization. Your non-termination or continued use of the Service reaffirms that the Right and its Billing Agent is authorized to charge your Payment Method. Right and its Billing Agent may submit those charges for payment and you will be responsible for such charges. This does not waive Right the right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the Service.
Modifications to Service.
Right reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Right shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Blocking of IP Addresses.
In order to protect the integrity of the Service, Right reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing the Application/Website
Copyright Policy for member content.
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Right/Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Application/Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Right's Copyright Agent for notice of claims of copyright infringement can be reached by mail at 240 Waterloo Street, London, Ontario, Canada, N6B 2N4.
You are solely responsible for your interactions with other Right Members. Right reserves the right, but has no obligation, to monitor disputes between you and other Members.
Privacy and Communications.
Right is not responsible for any incorrect or inaccurate Content posted on the Application/Website or in connection with the Service, whether caused by users of the Application/Website, Members or by any of the equipment or programming associated with or utilized in the Service. Right is not responsible for the conduct, whether online or offline, of any user of the Application/Website or Member of the Service. Right assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. Right is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, mobile devices, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users and/or Members or to any other person's computer or mobile device related to or resulting from participating or downloading materials in connection with the application/Web and/or in connection with the Service. Under no circumstances will Right or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Application/Website or the Service, any Content posted on the Application/Website or transmitted to Members, or any interactions between users of the Application/Website, whether online or offline. The Application/Website and the Service are provided "AS-IS" and Right expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Right cannot guarantee and does not promise any specific results from use of the Application/Website and/or the Service.
In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the Application/Website is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. Right makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Application/Website. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Right has no control over such apps/sites and resources, you acknowledge and agree that Right is not responsible for the availability of such external apps/sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such apps/sites or resources. You further acknowledge and agree that Right shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such Content, goods or services available on or through any such app/site or resource.
DISCLAIMERS, LIMITATIONS AND EXCLUSIONS OF LIABILITY - IMPORTANT
A. Limited Warranties
THE SERVICES, THE WEBSITE, THE APPLICATION (INCLUDING ALL DOWNLOADS), ALL INFORMATION, CONTENT, MATERIALS AND SERVICES RELATED TO THE FOREGOING ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. WE AND OUR AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, SYSTEM INTEGRATION AND ACCURACY OF DATA. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. WE AND OUR AFFILIATES DO NOT WARRANT THAT YOUR USE OF THE SITE OR SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR VIRUS FREE. THE SUBMISSION OF ANY USER CONTENT AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH OUR SERVICE AND/OR SITE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIAL OR FROM RELIANCE UPON THE SITE OR SERVICES, AND YOU ARE ADVISED TO MAINTAIN OFFLINE BACKUP COPIES OF ALL USER CONTENT. WE ARE NOT THE PROVIDER OF, AND MAKE NO WARRANTIES WITH RESPECT TO, ANY THIRD-PARTY OFFERINGS. WE DO NOT GUARANTEE THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM THE SITE OR SERVICE; AND YOU AGREE TO ASSUME THE SECURITY RISK FOR ANY INFORMATION YOU PROVIDE USING THE SITE OR SERVICE.
ï NO REPRESENTATION OR WARRANTY IS MADE THAT THE SERVICES PROVIDE COMPREHENSIVE OR ACCURATE INFORMATION. WE RESERVE THE RIGHT TO FILTER, MODIFY OR REMOVE CONTENT, MEDIA, INFORMATION OR ANY OTHER MATERIAL. YOU UNDERSTAND THAT WE HAVE DEVELOPED OUR TECHNOLOGIES TO FIND INFORMATION THAT WE BELIEVE WILL BE MOST RELEVANT AND INTERESTING TO YOU. ACCORDINGLY, WE MAY IN OUR DISCRETION FILTER OUT LINKS TO CONTENT AGGREGATORS, SEARCH ENGINES OR OTHER ONLINE SERVICES WHOSE TECHNOLOGIES AND SERVICES, IN OUR OPINION, ARE INCONSISTENT WITH THESE OBJECTIVES.
Limitation Of Liability
USE OF THE SERVICES ARE AT YOUR OWN RISK.IN NO EVENT WILL WE OR OUR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT AND THE SERVICES, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF WE WERE ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT AND YOUR USE OF THE SERVICES EXCEED THE GREATER OF: (1) FIFTY DOLLARS CANADIAN DOLLARS OR (2) THE AMOUNTS YOU HAVE PAID TO RIGHT IN THE PRIOR 6 MONTHS HEREUNDER.
ï YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN YOU AND US RELATING TO THE PROVISION OF THE SERVICES TO YOU, AND WE WOULD NOT PROVIDE THE SERVICES TO YOU WITHOUT THIS LIMITATION.
THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES AND LIABILITY CONTAINED IN THESE TERMS DO NOT AFFECT OR PREJUDICE THE STATUTORY RIGHTS OF A CONSUMER, I.E., A PERSON ACQUIRING GOODS OTHERWISE THAN IN THE COURSE OF A BUSINESS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES AND REMEDIES CONTAINED IN THESE TERMS SHALL APPLY TO CUSTOMER ONLY TO THE EXTENT SUCH LIMITATIONS OR EXCLUSIONS AND REMEDIES ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE CUSTOMER IS LOCATED. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE PRODUCT, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY. CERTAIN STATES, PROVINCES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND, AT OUR OPTION, DEFEND RIGHT BY ATTORNEYS CHOSEN AND INSTRUCTED BY US (INCLUDING OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS AND ANY THIRD-PARTY INFORMATION PROVIDERS) FROM AND AGAINST ALL DAMAGES, CLAIMS, DEMANDS, LIABILITIES, COSTS, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM ANY VIOLATION OF THIS AGREEMENT OR APPLICABLE LAW OR CONTENT OR ACTIONS BY YOU IN CONNECTION WITH THE SERVICES.
No Third Party Beneficiaries.
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
Other and Amendments.
This Agreement contains the entire agreement between you and Right regarding the use of the Application/Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. This Agreement is subject to change by Right at any time. If you are a subscribing Member at the time of any change, this Agreement will continue to govern your membership until such time that you renew your subscription as contemplated by Section 11. If you continue your subscription, your renewal will constitute acceptance by you of the revised Agreement. Alternatively, if you terminate your subscription at such time, your use of the Service after your termination will constitute acceptance by you of the Agreement.
Ownership & Copyright Notice
As between you and us, we and/or our vendors and suppliers, as applicable, retain all right, title and interest in and to the Services (including all downloaded content), and all related intellectual property rights, other than User Content. Company and its suppliers reserve all rights not granted in this Agreement. Unless you first obtain the copyright owner's prior written consent, you may not copy, distribute, publicly perform, publicly display, digitally perform (in the case of sound recordings), or create derivative works from any copyrighted work made available or accessible via the Services. If you provide Right with any feedback or suggestions regarding the Services ("Feedback"), you hereby assign to Right all rights in the Feedback and agree we shall have the right to use such Feedback and related information in any manner it deems appropriate. Right will treat any Feedback you provide as non-confidential and non-proprietary. You agree that you will not submit to Right any information or ideas that you consider to be confidential or proprietary.
Copyright © , Right Inc. All rights reserved. All trademarks, logos and service marks ("Marks") displayed as part of the Services are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
Governing Law, Jurisdiction & Attornment
This Agreement shall be governed by the laws of the Province of Ontario and the federal laws of Canada without giving effect to any conflict of laws principles that may require the application of the law of another jurisdiction. Any action or proceeding relating to a claim or controversy at law or equity that arises out of or relates to this Agreement or the Site or Services (a "claim") must be brought in a court of competent jurisdiction located in London, Ontario and each party irrevocably submits and attorns to the exclusive jurisdiction and venue of any such court in any such action or proceeding. Notwithstanding anything to the contrary, Company may seek injunctive relief in any court having jurisdiction to protect its intellectual property or confidential or proprietary information.
One year limitation period
You agree that any claim or cause of action related to the Website, Application, the Services and/or this Agreement must be filed within one (1) year after such claim or cause of action arose or shall be forever barred and that this contractually limited limitation period is fair and reasonable.
You agree to comply with all laws, rules and regulations that apply to your use of the Website, Application and the Services.
Any delay or failure by us to exercise or enforce any right or provision of these terms will not constitute a waiver of such right or provision.
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, you agree that the court should endeavor to give effect to the intentions reflected in the invalid provision, and the other provisions of this Agreement shall remain in full force and effect.
The section titles in this Agreement are for convenience only and have no legal or contractual effect.
The word including used herein means 'including without limitation'.
This Agreement constitutes the entire agreement between you and us with regard to the matters described above.
This Agreement and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Right's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
Any notices, including the service of all legal documents and claims, to be given in connection with this Agreement and all matters between you and Right may be given:
(i) by Right by means of e-mail or otherwise in writing to you, in Right's sole discretion, at the last known e-mail address or address contained for you in Right's records; or
(ii) by you to Right by means of a written notice served by registered mail or by prepaid commercial courier to the following address:
Right App 900 Easton Avenue Somerset New Jersey 08873 Ste 26
You specifically acknowledge and agree that this Agreement and all agreements contained herein are drawn and provided only in the English language and you elect and agree to all correspondence between you and Right in English.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.