Last Updated December 8, 2023
These Terms of Use (or “Terms”) are between you and Funl Technologies, Inc. dba RevOps Co-Op and our affiliates (“RevOpsAF,” “us” or “we”) and, together with our Privacy Policy, govern your use of our revopsaf.com website and online community (the “Site”) as well as our mobile applications, other online channels, and services (collectively, with the Site, our “Services”). Capitalized terms we use without providing a definition have the meaning given to them in the Privacy Policy. Additional, separate terms may apply to the Services, each of which will be considered to form part of these Terms. © Copyright 2022 Funl Technologies, Inc. All Rights Reserved.
THESE TERMS INCLUDE A CLASS ACTION WAIVER AND AN ARBITRATION PROVISION THAT GOVERNS ANY DISPUTES BETWEEN YOU AND REVOPSAF.
If you have any questions about these Terms or our Services, email us at hello@revopscoop.com or you can write to us at:
Funl Technologies, Inc.
720 Seneca Street, Suite 107 PMB 66
Seattle, WA, 98101-3265, United States
Eligibility and Acceptance. To use the Services:
You must be of legal age to form a binding contract with RevOpsAF and have never been barred from receiving such services under applicable law, nor previously been suspended or removed from any of our Services. By using the Services, you represent and warrant that you meet all the foregoing eligibility requirements. If you do not meet all these requirements, you must not use our Services. RevOpsAF reserves the right to suspend or terminate your use of the Services at any time if we believe you have violated these Terms or any other agreement with us, or any of our policies or protocols.You must agree to be unconditionally bound by these Terms. You accept the Terms by clicking to accept or agree to the Terms where this option is made available to you in any agreement or electronic form, or by visiting the Site or using another Service. If you are using or accessing the Services on behalf of a company or other entity (“Entity”), you represent, agree, and warrant that you are authorized to act on behalf of the Entity and to bind such Entity to these Terms. You must be of legal age and capacity to form a binding contract to accept the Terms. If you do not agree with any of these Terms, do not access the Site or use our Services.
Registration. Anyone may visit the Site, but to use most Site features or our other Services you must register as a user (“User”) and create an account by selecting login credentials (username and password). You agree: (a) to provide correct, current and complete information and maintain and update such information as needed to keep it correct, current and complete; (b) register only once using a single username; (c) not to do anything that might jeopardize the security of your account; and (d) to notify us immediately of any unauthorized access to or use of your credentials or any other breach of security. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur on your account.Services. RevOpsAF offers the following Services:
Community. The RevOpsAF Community allows Users to (i) connect with software providers and request demos of their products for business and professional purposes and (ii) search for and share information about technology products, services, and vendors, communicate with others. Attendance Data. Business leaders and companies registered with RevOpsAF (“Partners”) may purchase data sets about companies that attend RevOpsAF events and programming. Attendance Data may list the companies represented at an event or program, but never includes individual User data.Reviews. Users can create new content such as recommendations and reviews in written or video format (“Reviews”). Reviews are posted at each User’s discretion, and the User may determine whether to post a Review publicly or anonymously. If you leave a Review for one of our Partners, we may share your Review and information about your company with that Partner. From time to time, RevOpsAF may provide incentives (such as gift cards) to encourage Users to submit Reviews, but incentives are never tied to whether the Review is positive or negative. Reviews are subject to RevOpsAF verification processes designed to ensure Reviews are unbiased, current, and real. When you submit a Review, you will be asked whether you consent to the use of that Review (along with your name, likeness, and other personal characteristics and information you include with your Review), for use of any kind by RevOpsAF. If you indicate your consent by "yes" or otherwise, you irrevocably consent to the license grant in Section 7 herein. Intent Data. Our Partners may purchase sets of aggregated data and reports generated from User activity within the Community (“Intent Data”). For example, a Partner may purchase Intent Data derived from discussions or questions amongst Users within our Community to understand trends, interests or concerns about that product or the companies interested in a given product. Intent Data never includes individual User data.
Privacy. RevOpsAF believes in protecting your privacy. Please review our current Privacy Policy, which also governs your use of the Services, to understand our practices. Any information that you provide to us is subject to our Privacy Policy.License to Use Services. RevOpsAF hereby grants you a revocable, nontransferable, nonexclusive license to access, view information contained on, and interact with the Services, as applicable, solely for your own personal or internal business use. You may not use the Services for any commercial purpose (except when transacting business with RevOpsAF or with another User via the Services) or for any unlawful or wrongful purpose. You agree not to rent, retransmit, disclose, publish, sell, assign, lease, sublicense, market or transfer the Services or any portion of it (including the contents of the Services described in Section 11) or use it in any manner not expressly authorized by these Terms. You further agree not to copy, reverse engineer, translate, port, modify or make derivative works of any portion of the Services. Tampering with the Services, conducting fraudulent activities via the Services, and all other illegal activities are prohibited and may subject a user to legal action or termination of your access to the Services. By using the Services or features thereof, you represent and warrant that (a) any information you submit to us is truthful and accurate, (b) you will maintain the accuracy of that information, and (c) your use of the Services and its features does not violate any applicable law, rule, or regulation. You agree to use the Services in accordance with our Community Guidelines and applicable laws.Billing and Payment. This Section 6 applies if your use of the Services incurs a fee.
Fees. You agree to pay the costs and fees for all subscriptions or purchases you make on the Services, plus any applicable sales, use, excise, or other taxes (collectively, the “Fees”). Fee amounts are subject to change from time to time. You will pay any additional taxes as necessary to ensure that the net amounts received by RevOpsAF after all such taxes are paid are equal to the amounts that RevOpsAF would have been entitled to in accordance with these Terms as if the taxes did not exist. If any payment is not received within 30 days after the due date, then we may charge a late fee of $10 and we may assess interest at the rate of 1.5% of the outstanding balance per month (18% per year), or the maximum rate permitted by law, whichever is lower, from 30 days after the due date until the date paid. If you do not pay on time or if we cannot charge the payment method you have on file for any reason, RevOpsAF reserves the right to either suspend or terminate your access to paid features on the Services. All Fees are in U.S. Dollars. PAID FEES ARE NONREFUNDABLE.Payment Method. You must maintain a valid payment method on file with us, which is securely stored and processed via a PCI-DSS payment processor. If your payment method is a credit card, we may seek pre-authorization of your account to verify that the credit card is valid and has the necessary funds or credit available to cover your Fees. You represent and warrant that the payment information you provide to us is accurate and you are using a form of payment that you are legally authorized to use. You agree that you are solely liable for any payment or credit card fraud, abuse or unauthorized use by you or others.Authorization. You agree that we may charge your payment method on file with us for the Fees or other amounts due hereunder, as well as any sales and use taxes and any late fees or interest. If you select a subscription with automatically recurring payments, you authorize RevOpsAF to periodically charge your payment method on a going-forward basis for all accrued sums and until cancellation of either the recurring payments or your account.
Community Forums. The Services offer features that allow Users to interact with one another and with RevOpsAF such as Reviews, Feedback, comments, discussion forums, listings, and other features (“Community Forums”), all posts (and attachments) to which are RevOpsAF Content. You are solely responsible for your use of Community Forums and use them at your own risk. You are solely responsible for your use of and activity in the Community Forums, including use of your username and password by any party. You should be aware that disclosure in the Community Forums of your full name, street address or other personal information raises safety concerns and may result in solicitations from third parties or unwanted communications. We disclaim any responsibility or liability arising from your disclosure of such personal information, or any other information, in the Community Forums.Reviews and Feedback. You hereby grant to RevOpsAF all rights, titles, and interests in and to any: (a) Reviews you post to the Services; and (b) materials, communications, suggestions, comments, improvements, ideas or other feedback related to the Services you post to the Services (“Feedback”). You are solely responsible for your Reviews and your Feedback. In the event this grant is not sufficient for us to fully realize and use your Review or Feedback, you grant us a royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use and incorporate into the Services all your Reviews and Feedback. By providing a Review or Feedback, you are representing that your Reviews and Feedback are not subject to any intellectual property claim by a third party or any license terms which would require products or services derived from that Review and Feedback to be licensed to or from, or shared with, any third party.
Additionally, by posting a Review and indicating your consent as described in Section 3(c) or by submitting Feedback to us, you: (i) irrevocably (except as expressly provided in our Privacy Policy) permit, authorize, grant, and license the provider of the reviewed product or service and its affiliates, successors, and assigns, or RevOpsAF and its affiliates, successors, and assigns, and each of their respective licensees, advertising agencies, promotion agencies, and fulfillment agencies, and the employees, officers, directors, and agents of each and all of them (“Authorized Persons”), the rights to publicly display, publicly perform, exhibit, transmit, broadcast, reproduce, record, photograph, digitize, adapt, create derivative works, exploit, sell, rent, license, otherwise use, and permit others to use the Review in perpetuity (except as expressly provided in our Privacy Policy), throughout the world in any medium or format whatsoever; and (ii) to the fullest extent permitted by applicable law, irrevocably waive all legal and equitable rights relating to all liabilities, claims, demands, actions, suits, damages, and expenses, including but not limited to claims for copyright or trademark infringement, infringement of moral rights, libel, defamation, invasion of any rights of privacy (including intrusion, false light, public disclosure of private facts, and misappropriation of name or likeness), violation of rights of publicity, physical or emotional injury or distress, or any similar claim or cause of action in tort, contract, or any other legal theory, now known or hereafter known in any jurisdiction throughout the world (collectively, “Claims”) arising directly or indirectly from the Authorized Persons’ exercise of their rights under the immediately preceding clause.
User Content. Users may upload, post, provide, publish, display, store, comment on, link to, or otherwise make available via the Services media, text, materials, attachments, ideas, opinions, or other content (“User Content”). You may not post User Content that infringes others’ intellectual property or proprietary rights. You understand that any User Content you make available may be viewed by and accessible to RevOpsAF and other Users. You agree to provide support for your User Content. The User Content must not be stored in a data repository that would enable any third-party access. You must store all User Content in a manner which enables you to identify, segregate and selectively delete such User Content. You must own all rights, title, and interest, including all intellectual property rights, in and to, the User Content you make available on the Services. By posting User Content on the Services, you grant RevOpsAF and its affiliates an exclusive, royalty-free, perpetual, transferable, irrevocable (except as expressly provided in our Privacy Policy), and fully sublicensable right to: (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, and publicly display and perform such User Content throughout the world in any media, now known or hereafter devised; (b) include your User Content in Intent Data or Attendance Data and to disclose, share, or sell the same with no compensation to you; and (c) use your name and other personal information, including your likeness, that you submit in connection with your User Content. If it is determined that you retain moral rights (including rights of attribution or integrity) in your User Content, you hereby declare that: (i) you do not require that any personally identifying information be used in connection with the User Content, or any derivative works of or upgrades or updates thereto; (ii) you have no objection to the publication, use, modification, deletion, and exploitation of the User Content by RevOpsAF or its licensees, successors, and assigns; (iii) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the User Content; and (iv) you forever release RevOpsAF, and its licensees, successors, and assigns, from any claims that you could otherwise assert against RevOpsAF by virtue of any such moral rights.Responsibility for User Content. RevOpsAF is not responsible for policing the Services or any User Content. RevOpsAF does not and will not have any obligation to review User Content, and therefore we do not guarantee the accuracy, integrity, or quality thereof and we cannot assure you that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful, or otherwise objectionable User Content will not appear on the Services. You acknowledge and agree that no User Content will include confidential or proprietary information of a third party or information that you otherwise are not allowed to disclose to the public. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Services, is solely your responsibility. Without limiting the foregoing, RevOpsAF reserves the right to collect and store any User Content, as well as any files, documents, or data related thereto, uploaded or generated via the Services on RevOpsAF’s information systems indefinitely in order to track and analyze work performed using the Services, or for any other lawful purpose. To the extent permitted by law, RevOpsAF reserves the right to review and remove any or all User Content in our sole discretion, in whole or in part. UNDER NO CIRCUMSTANCES WILL REVOPSAF BE LIABLE IN ANY WAY FOR ANY USER CONTENT POSTED ON OR MADE AVAILABLE THROUGH THE SERVICES BY YOU OR ANY OTHER USER. Any Reviews, Feedback, User Content, posts to Community Forums, or other posts to the Services is subject to our approval. We may withhold such approval for any reason, including but not limited to, if we believe such post(s) may violate these Terms, any law, or the rights of any third party. We reserve the right to remove any posts to the Services for any reason, but we have no obligation to police User activity.Contents and Ownership. Except as otherwise expressly indicated herein, all contents of the Services are © Copyright 2022 Funl Technologies, Inc. All Rights Reserved. RevOpsAF is not responsible for content on websites, platforms, or mobile applications operated by parties other than RevOpsAF. RevOpsAF, its logo, and, except as noted below, all other product or service names, logos, or slogans displayed on this Site are registered and/or common law trademarks of Funl Technologies, Inc. or its suppliers or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of RevOpsAF or the applicable trademark holder. In addition, the look and feel of this Site, including all page headers, custom graphics, button icons, and scripts, is the service mark, trademark, and/or trade dress of RevOpsAF and may not be copied, imitated, or used, in whole or in part, without the prior written permission of RevOpsAF. All other trademarks, registered trademarks, product names, and company names or logos mentioned in or on the Services. Other logos and product and company names mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved. If you are aware of an infringement of either your brand or our brand, please let us know by following ourCopyright Complaint Policyand by emailing us at hello@revopscoop.com.
You agree that the Services are our confidential information and you will maintain the same in strict confidence and not disclose the same to any third party or use the same for any purpose other than your use of the Services. To the extent that you retain any portion of the Services after the termination or expiration of the Terms, this paragraph will survive the termination or expiration of the Terms.
Use Restrictions. You agree that you will not:
Post Reviews on products or services offered by your current employer or by direct competitors of your current employer; Post any User Content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or otherwise create liability or violate any local, state, national, or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission (SEC) or any rules of a securities exchange such as the New York Stock Exchange (NYSE), the American Stock Exchange, or the NASDAQ;Use the Services for any unlawful or wrongful purpose; Sell, lease, sublicense, or otherwise transfer, directly or indirectly, the Services or its features to any third party;Use the Services for user profiling or advertising purposes;Augment, commingle, or supplement our Content with personally identifiable or confidential information (including any mobile device identifier or other unique identifier that identifies any particular user, browser, computer or device) from any third-party source;Use the user identification or authentication codes connected to any RevOpsAF user to disclose information related to that user to any third party;Post to a Community Forum any message, data, information, text, music, sound, photos, graphics, screenshots, video, code, or any other material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or otherwise objectionable;Use the Services or Content in any manner that facilitates bias, discrimination, or data “redlining,” whether intentional or inadvertent, based on sensitive or protected categories or characteristics;Impersonate or intentionally misrepresent RevOpsAF, a User, or a third party when requesting or publishing information related to your use of the Services;Obfuscate or hide any RevOpsAF buttons, sign-in functionality, or consent or authorization flows from your users;Try to exceed or circumvent limitations on use of the Services;Download, scrape, post, or transmit, in any form or by any means, any part of the Services;Copy, reformat, reverse-engineer, or otherwise modify the Services or Content;Promote or operate any product or service that competes with RevOpsAF;Interfere with or disrupt the Services, RevOpsAF servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; orEngage in any conduct that fails to comply with, or is otherwise inconsistent with, any agreement between you and RevOpsAF or any written instructions provided by us.
If you take any of the above actions or violate these Terms, we reserve the right to cancel your User registration, suspend or terminate your access to or use of the Services, or take legal action.
Support. RevOpsAF may provide technical support, upgrades, or modifications of the Services in RevOpsAF’s sole discretion. RevOpsAF may cease providing technical support, upgrades, or modifications of the Services at any time and for any reason without notice or liability to you. RevOpsAF may release new versions of the Services and require you to use the new version of the Services. Your use of new releases or versions of the Services will be acceptance of all modifications of the Services. RevOpsAF may, in our sole discretion, make specific instances or versions of the Services available to you for use in connection with the Services. We may terminate such access to the Services, in whole or as to certain features, functions, or services thereof, for convenience, at any time.Data Security. You are strictly prohibited from violating or trying to violate our security features. You hereby agree not to use any device, software, or routine to interfere or try to interfere with the proper working of the Services or any activity being conducted via the Services. You further agree not to use or try to use any engine, software, tool, agent or other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Site or other Services other than the search engine and search agents that we make available via the Services and other than the generally available third-party web browsers. If you violate our system or network security, you may face civil or criminal liability. We will investigate occurrences that may involve such violations. We may involve or cooperate with law enforcement authorities in prosecuting users who are involved in such violations.Consent to Do Business Electronically. By using our Services in any manner, registering as a User, or typing your name into any of our electronic forms and indicating your acceptance or submission of information by clicking a box, you affirmatively consent to (i) RevOpsAF communicating with you electronically; (ii) receiving all applications, notices, disclosures and authorizations (collectively, “Records”) from RevOpsAF electronically; and (iii) entering into agreements and transactions using electronic Records and signatures. Please note that federal law treats electronic signatures as having the same legal force and effect as if they were signed on paper by hand, and online contracts have the same legal force as signing an equivalent paper contract in ink. You must have a computer or other web-enabled device, connection to the internet, an active email account, and the ability to receive and read PDF files (such as Adobe® Acrobat® Reader) to conduct business with us electronically. You agree to be responsible for keeping your own Records. You may print or download Records from the Site and keep them for your own reference. If you require assistance with your Records or if you wish to receive Records in paper format or to withdraw your consent to receiving electronic Records from us, please contact us at hello@revopscoop.com. Agreements and transactions executed prior to this request will remain valid and enforceable.Communications from RevOpsAF. We may use your contact information you provide to us to communicate with you about your use of the Services. For example, we may send you service announcements or administrative communications by email, phone, text, or other means. You understand that you receive these communications as part of your use of the Services. We may send you marketing communications by email, mail, or other means in compliance with applicable law. As part of our policy to respect your privacy, we provide you the option of opting out from receiving marketing communications from us by following the instructions in our Privacy Notice. However, you will not be able to opt out from receiving service announcements and administrative messages.Void Where Prohibited. The Services are owned and operated in the United States. Access to the Services may not be legal by certain persons or in certain countries. YOU ARE SOLELY RESPONSIBLE FOR VERIFYING THAT THE LAWS OF THE COUNTRY OR STATE (OR OTHER APPLICABLE JURISDICTION) FROM WHICH YOU ACCESS THE SERVICES PERMIT YOU TO USE THE SERVICES. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. We reserve the right to limit, at our sole discretion, the provision of any Services to any person or in any location. Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms. Third-Party Content. The Services may include third-party content and/or hyperlinks to websites, resources, or content owned or operated by third parties, over which we have no control (“Third-Party Content”). Third-Party Content available on the Services is provided solely for your convenience. We are not responsible for the content of any Third-Party Content, nor do we make any representations about the content or accuracy of material on any other platforms. Inclusion of Third-Party Content on our Services does not imply our approval or endorsement of the Third-Party Content. Please be aware that when you click on links that take you to external platforms or content, you do so at your own risk, and you will be subject to their privacy policies and practices and not ours. Any concerns regarding any such website, service, or resource should be directed to the respective third party.Export Controls. This Services are provided by RevOpsAF from our offices in the State of Washington in the United States. Software used in the operation of, or downloadable from, the Services (“Software”) is subject to United States export controls. No Software may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, North Korea, Iran, Sudan, Syria, or any other country to which the U.S. has embargoed goods, or (b) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using the Services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.Licensed Materials. Any Software or reports, additional licensed content, sponsored content, research reports, and/or review data (individually and collectively, “Licensed Materials”) that is made available through the Services or otherwise from RevOpsAF is the copyrighted and proprietary work of RevOpsAF, or RevOpsAF affiliates, or other third parties as identified. Your use of all Licensed Materials shall be subject to these Terms and the additional terms set forth in RevOpsAF’s Content Usage Guidelines for the applicable Licensed Materials. Your use of any Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software (“License Agreement”). You may not install, access, or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on the Services not accompanied by a License Agreement, we hereby grant to you a limited, personal, nontransferable license to use such Software pursuant to these Terms. All Software and all Licensed Materials contained on or made available through the Services is owned by RevOpsAF or its affiliates or licensors and is protected by copyright and/or trade secret laws and international treaty provisions. Any reproduction, redistribution, or disclosure of the Software and/or Licensed Materials is expressly prohibited and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE AND/OR LICENSED MATERIALS TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED UNLESS OTHERWISE EXPRESSLY AUTHORIZED BY REVOPSAF IN WRITING. THE SOFTWARE OR LICENSED MATERIALS ARE WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE APPLICABLE LICENSE AGREEMENT OR APPLICABLECONTENT USAGE GUIDELINESTerm and Termination. The term of these Terms starts on the first day you access, use, or register as a User (whichever is earliest) on the Services and continues until you discontinue all use of our Services or until otherwise terminated as provided herein. If you purchase a subscription, unless otherwise stated at the time of subscription the subscription will automatically renew at the conclusion of each subscription term if you do not first cancel or change your subscription. RevOpsAF may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your User account. All provisions of these Terms of Use, 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. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. REVOPSAF MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SERVICES OR RELATING TO THE AVAILABILITY, QUALITY, RELIABILITY, SUITABILITY, TIMELINESS, TRUTH, ACCURACY OR COMPLETENESS OF THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. REVOPSAF DOES NOT WARRANT THAT THE SERVICES WILL MEET ALL OF YOUR REQUIREMENTS OR THAT ITS OPERATIONS WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY DEFECT WITHIN THE SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION, REPRESENTATION OR ADVICE GIVEN BY REVOPS SHALL CREATE A WARRANTY WITHOUT A WRITING SIGNED BY REVOPSAF EXPRESSLY CREATING SUCH WARRANTY.Indemnification. YOU AGREE TO INDEMNIFY AND HOLD REVOPSAF, OUR SUBSIDIARIES AND OUR AFFILIATES, AND THEIR RESPECTIVE MEMBERS, DIRECTORS, SHAREHOLDERS, OFFICERS, AGENTS, PARTNERS AND EMPLOYEES, HARMLESS FROM ANY LOSS, LIABILITY, COST, EXPENSE, CLAIM, DAMAGES, OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES, DUE OR RELATING TO OR ARISING OUT OF (A) YOUR USE OF THE SERVICES IN VIOLATION OF THIS AGREEMENT, (B) YOUR BREACH OF THESE TERMS, OR (C) ANY BREACH OF YOUR REPRESENTATIONS AND WARRANTIES SET FORTH IN THESE TERMS.Limited Liability. REVOPSAF SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR USE OF THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL REVOPSAF BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, HOWEVER ARISING, EVEN IF REVOPSAF KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL REVOPSAF BE LIABLE TO YOU FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE AGGREGATE OF THE FEES PAID BY YOU TO REVOPSAF FOR THE SERVICES DURING THE THREE MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY OR, IF NO FEES WERE PAID DURING SUCH THREE MONTH PERIOD, ONE HUNDRED US DOLLARS ($100), IN EACH CASE, WHETHER OR NOT REVOPSAF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.Class Action Waiver. YOU HEREBY WAIVE ANY RIGHT TO COMMENCE OR PARTICIPATE IN ANY CLASS ACTION LAWSUIT AGAINST REVOPSAF RELATED TO ANY CLAIM, DISPUTE OR CONTROVERSY, AND, WHERE APPLICABLE, YOU HEREBY AGREE TO OPT OUT OF ANY CLASS PROCEEDING AGAINST REVOPSAF OTHERWISE COMMENCED ON OR AFTER THE EFFECTIVE DATE OF THIS AGREEMENT.Dispute Resolution. PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT CONTAINS A CLASS ACTION WAIVER, REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES, AND CLAIMS, AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. You agree that any dispute, controversy or claim between you and Funl Technologies, Inc. arising out of or relating to these Terms, or the breach thereof, our provision of the Services, your access to or use of the Services, or any alleged violation of any federal, state, or local law, statute, or ordinance (each such dispute, controversy or claim, a “Dispute”) will be governed by the procedure outlined below. In the event of any Dispute between the Parties concerning the terms and provisions of these Terms, the prevailing Party shall be entitled to collect from the other Party all costs incurred in such dispute, including reasonable attorneys’ fees.
Informal Dispute Resolution. We want to address your concerns without the necessity of a formal legal case. Before filing a claim against RevOpsAF, you agree to try to resolve the Dispute informally by contacting hello@revopscoop.com. RevOpsAF will contact you by email as part of a good faith effort to resolve the Dispute informally. If a Dispute is not resolved within 30 days after submission, you or RevOpsAF may bring a formal proceeding.
Arbitration Agreement. You and RevOpsAF each agree to resolve any Disputes through final and binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in Seattle, Washington, United States, or any other location we agree to. The AAA rules will govern payment of all arbitration fees. Notwithstanding the foregoing, either you or RevOpsAF may assert claims, if they qualify, in small claims court in King County, Washington or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of our Services, or infringement of intellectual property rights (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute resolution process described above.
Class Action Waiver. You may only resolve Disputes with RevOpsAF on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed under these Terms.
Intellectual Property Disputes. Notwithstanding the Parties' decision to resolve all disputes through arbitration, either party may bring an action in state or federal court that only asserts claims for patent infringement or invalidity, copyright infringement, moral rights violations, trademark infringement, and/or trade secret misappropriation, but not, for clarity, claims related to the license granted to you for the Services under these Terms. Either Party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.
Limitation on Claims. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Services must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever. To the extent that the arbitration agreement is not enforceable, each party hereby irrevocably consents to the exclusive jurisdiction and venue of the federal, state, and local courts in King County, Washington for resolution of any lawsuit or court proceeding permitted under these Terms.
General Terms. You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder in any way (by operation of law or otherwise) without prior written consent from RevOpsAF. We may transfer, assign, or delegate these Terms and our rights and obligations without consent. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified by the court and interpreted so as to best accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement shall remain in effect. RevOpsAF’s failure to enforce any provision of these Terms will not be deemed a waiver of that provision or any other provision of these Terms. If any provision of these Terms is held invalid or unenforceable under applicable law, that portion shall be construed in a manner consistent with applicable law to accomplish, as nearly as possible, the objective thereof, or shall be severed from the document if, and solely, to the limited extent such construction is not possible, and the remaining portion of these Terms shall remain in full force and effect. These Terms may be executed by the parties in one or more counterparts, each of which when so executed and delivered shall be an original and such counterparts shall together constitute one and the same instrument. No joint venture, partnership, employment, or agency relationship exists between you and RevOpsAF as a result of these Terms or your use of the Services
Amendments. We may amend these Terms from time to time by updating this page as evidenced by revising the “Last Updated” date noted at the top of this posting. Once you accept these Terms, the then-current version shall apply each time you access or use the Services. Nothing in these Terms will be deemed to confer any third-party rights or benefits.
