The following terms and conditions govern all use of the RPLGlobal.tech website and all content, services and products available at or through the website (taken together, the Website). The Website is owned and operated by RPL Global Inc. (“RPL”). 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, RPL Global Inc. Privacy Policy) and procedures that may be published from time to time on this Site by RPL Global Inc.(collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, 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 RPL Global Inc., acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old. These Terms of Service (together with the documents referred to herein, the “Terms”) establish the terms under which we are granting you permission to access and use the services, software and technology platform which are offered or provided by RPL including those described at www.RPLGlobal.tech (the “Services”), and the information and data made available to you in connection with the Services (the “Content”). If you have entered into a separate Services Agreement with us to access and use the Services and Content, then that agreement will apply instead of these Terms. We reserve the right to introduce new features or limits to part or all of the Services, or suspend or discontinue any part of the Services, at any time. If we do so, we will bring it to your attention by placing a notice through the Services, by sending you an email, and/or by some other means.
If you have any questions or concerns regarding these Terms or the Services, please contact us at rplglobalteam@gmail.com.
RPL Global provides a shipping and logistics platform that allows organizations that need logistics services (“Shippers”), organizations that provide logistics services such as freight brokers, transportation providers such as drivers, carriers or rail operators (“Transportation Providers”) and others to efficiently collaborate on shipments and related tasks. Certain parts of the Services may also allow customers and their users to track shipments in real-time from dispatch to delivery. For purposes of these Terms, Shippers, brokers, transportation Providers and others who are customers of RPL Global are referred to as “Customers,” and the suppliers, vendors or others who are invited by Customers to use RPL are referred to as “Tenants.” Customers and Tenants, as well as any web or mobile app visitors, are referred to collectively as “Users”.
We reserve the right to change the Terms at any time. We will endeavor to bring any important changes to your attention by placing a notice on the Services, by sending you an email, and/or by some other means. If you don’t agree with the new Terms, you are free to reject them. however, that will result in your inability to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
The Services are intended solely for persons who are 18 or older. By accessing or using the Services you represent and warrant that you are not legally prohibited from accessing the Services under the laws of the country in which you access or use them.
The Children's Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13 years of age. We do not knowingly collect or solicit personally identifiable information from minors under the age of 18. If you are a minor under the age of 18, please do not attempt to register for or otherwise use the Services or send us any personal information. If we learn we have collected personal information from a minor under 18 years of age, we will delete that information as quickly as possible. If you believe that a minor under 18 years of age may have provided us personal information, please contact us at RPLGlobalteam@gmail.com.
The fees for the Services will be as described in the ordering document between you and us. You agree to pay us the fees stated therein. As to any payments you make, our third party payment processor will (and you hereby authorize it to) bill your payment card or make an ACH transfer for the applicable fee in advance on or shortly after the date you subscribe for a paid plan and each month or anniversary thereafter, until terminated by you or us. The fees are non-refundable, except as expressly stated otherwise in these Terms.
If you move to a higher tier of a paid plan, the change will take effect immediately and we will charge you for the additional fees associated with the new paid plan on a pro-rata basis. If you move to a lower tier of a paid plan, the change will take effect in the next billing cycle. You acknowledge that you will not receive a refund for the then-current billing cycle if you move to a lower tier of a paid plan, or to a non-payment subscription plan.
We reserve the right not to provide you with the Services until the relevant fee has been received in full and cleared funds. We also reserve the right to change our fees or payment plans at any time. If you do not agree to such change, you must ask us to delete your account and stop using the Services within 30 days of the date the new fee or payment plan becomes effective. We will only charge you in respect of the period before termination and based on the old fee or payment plan. If you do agree to such change (which will be deemed from your continued use of the Services after the date the new fee or payment plan becomes effective), your next bill will include the new fees on a pro rata basis.
In order to use the Services, you may be required to register for an account, identify which type of User you are, complete a verification procedure, and select a user name and password (“Account Credentials”). You agree to provide us with accurate, complete and updated registration information. You may not create an account, select Account Credentials, or otherwise use the Services using any name, information, account or Account Credentials that you do not have a right to use, or impersonate another person. You may not transfer your account to anyone else without our prior written permission. You will not share your account or Account Credentials with anyone, and you must protect the security of your account and your Account Credentials. You're responsible for any activity associated with your account.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
RPL Global Inc. 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, RPL Global Inc. 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. RPL Global Inc. 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.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which RPLGlobal.tech links, and that link to RPLGlobal.tech. RPL Global Inc. does not have any control over those non- RPL Global Inc.'s websites and webpages, and is not responsible for their contents or their use. By linking to a non- RPL Global Inc. website or webpage, RPL Global Inc. 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. RPL Global Inc. disclaims any responsibility for any harm resulting from your use of non- RPL Global Inc. websites and webpages.
Our Services include integrations with certain payment providers whereby you are able to generate money codes, e-checks and other financial payments through the Services rather than logging into the websites of the payment providers (the “Payment Provider Services”). The integrations provided by RPL with payment providers pose risks that unauthorized parties may access or generate payment codes, e-checks or other payments through the RPL platform without your approval or consent. RPL shall bear no liability, obligation or responsibility for any payment code, e-check or other financial transfer that occurs by or through the RPL platform or the Payment Provider Services. RPL disclaims any and all warranties of any kind, express or implied, as to the Payment Provider Services. You acknowledge and agree that RPL shall not be liable or obligated in any way for any money code, e-check or other payment that is generated, processed or issued through the Payment Provider Services.
The Services offer you the ability to enter data about your business into the RPL platform. You may wish to use this ability to enter data for purposes related to your business such as defining or building shipment requirements or orders. Any and all data that is entered into the RPL platform through your portal shall be your sole and exclusive responsibility. RPL shall have no liability, obligation or responsibility of any kind for any data that is entered in the RPL platform through your portal including, but not limited to, any data that is erroneous or incorrect. You shall ensure that all data entered into the RPL platform is accurate and correct. You shall verify that information you enter in the RPL platform that is dispatched to a driver, employee or vendor is true and correct.
The materials displayed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions (as defined below), and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won't use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else's (including our) rights.
We reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice. You understand that RPL owns the Services. You won't modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services. The Services may allow you to copy or download certain Content. but please remember that all the restrictions above will continue to apply to that Content.
Anything you post, upload, share, store, or otherwise provide through the Services is your “User Submission.” Some User Submissions may be viewable by other Users. In order to display your User Submissions on the Services, and to allow other Users to enjoy them (where applicable), you grant us certain rights in those User Submissions. Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to User Submissions that are also your personally-identifiable information.
For all User Submissions, you hereby grant us a perpetual, irrevocable, transferable, worldwide, royalty-free, and non-exclusive license to translate, modify (for technical purposes, for example making sure your content is viewable on an iPhone as well as a computer), reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services, as described in more detail below. If you store a User Submission in your own personal account, in a manner that is not viewable by any other user except you (a “Personal User Submission”), you grant us the license above, as well as a license to display, perform, and distribute your Personal User Submission for the sole purpose of making that Personal User Submission accessible to you and providing the Services necessary to do so.
If you share a User Submission only in a manner that only certain specified Users can view (for example, if you are a Driver, sharing your personal information and location in a way that is viewable only to Shippers and/or Carriers that you authorize, in addition to RPL) (a “Limited Audience User Submission”), then you grant us the licenses above, as well as a license to display, perform, and distribute your Limited
Audience User Submission for the sole purpose of making that Limited Audience User Submission accessible to such other specified Users, and providing the Services necessary to do so. Also, you grant such other specified Users a license to access that Limited Audience User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.
If you share a User Submission publicly on the Services and/or in a manner that more than just you or certain specified Users can view, or if you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Services (each of the foregoing, a “Public User Submission”), then you grant us the licenses above, as well as a license to display, perform, and distribute your Public User Submission for the purpose of making that Public User Submission accessible to all Users and providing the Services necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Submission in connection with the Services and/or otherwise in connection with our business. Also, you grant all other Users of the Services a license to access that Public User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.
All of the above are licenses only - your ownership in User Submissions is not affected. You agree that the licenses you grant are royalty-free, perpetual, sublicensable, irrevocable, and worldwide. Finally, you understand and agree that RPL, in performing the required technical steps to provide the Services to our Users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.
In accordance with the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers like RPL, we've adopted the policy below toward copyright infringement. We reserve the right to (1) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users and (2) remove and discontinue service to repeat offenders.
If a counter-notice is received by the Designated Agent, we may, in our discretion, send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider accused of committing infringement, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at our discretion.
Please contact our Designated Agent at the following address:
Copyright Manager RPL GLOBAL INC.
RPLglobalteam@gmail.com
Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk. RPL disclaims any liability for any errors or omissions in the information that we post or type on your behalf, and for any damages or loss you might suffer in connection with any such errors or omissions. You must verify the accuracy of any information that we post or type on your behalf. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can't guarantee the identity of any Users with whom you interact in using the Services and are not responsible for which Users gain access to the Services.
You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You are responsible for all your activity in connection with the Services. You are also responsible for the accuracy of any Content you contribute to the Services. You represent and warrant that you own all rights in and to any User Submission, or that you have obtained all necessary rights and/or permissions to make and submit the User Submission and to grant the licenses to such User Submissions contained herein.
The Services may contain links or connections to third party websites or services that are not owned or controlled by us. When you access third party websites or use third party services, you accept that there are risks in doing so, and that we are not responsible for such risks. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third party website or service that you visit or utilize.
We have no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, we will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.
Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants on this site, or between users and any third party, you agree that we are under no obligation to become involved. In the event that you have a dispute with one or more other users, you release RPL, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
You're free to stop using the Services at any time. No refunds will be provided for any fees paid prior to termination.
We are also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. We have the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services. Account termination may result in destruction of any Content or User Submission associated with your account, so keep that in mind before you decide to terminate your account. We will try to provide advance notice to you prior to our terminating your account so that you are able to retrieve any important Content or User Submissions you may have stored in your account (to the extent allowed by law and these Terms), but we may not do so if we determine it would be impractical, illegal, not in the interest of someone's safety or security, or otherwise harmful to the rights or property of Company.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement.
If you are using the Services as an organization that needs logistics services (Shipper), you also agree to the additional terms in this section.
You represent and warrant that you are one of the following services operators: a bona fide shipper, freight broker, third-party logistics provider (“3PL”), fourth-party logistics provider (“4PL”), freight forwarder, intermodal shipper, rail company, motor carrier, moving company, aviation provider, or an individual engaged in the bona fide business of shipping.
You agree to maintain all requisite and appropriate authority (including all applicable permits and registrations) to operate as a Shipper and will cease immediately to use the Services if for any reason you no longer maintain such authority. Without limiting the foregoing:
You further acknowledge that we, through the Services, offer information and a method to obtain such transportation services but does not provide and does not intend to provide transportation services in any way as a transportation carrier and has no responsibility or liability for any transportation services provided to you by any third parties. and If you are using the Services through us as an organization that provides logistics services (Broker, 3PL, 4PL, Freight Forwarder, Carrier or a Driver), you also agree to the additional terms in this section.
You shall maintain all requisite and appropriate authority (including all applicable permits and registrations) to operate as a Broker, 3PL, 4PL, Freight Forwarder, Carrier or a Driver, as applicable, and will cease immediately to use the Services if for any reason you no longer maintain such authority. Without limiting the foregoing:
You agree that tracking the locations of your shipments through the Services does not guarantee your shipments will be delivered at the time you specified or the location accuracy of your shipments at any time.
You agree not to ship and track through our Services contraband, stolen products, products that are illegal to transport via freight, or any other products we, in our sole discretion, deem inappropriate.
If you upload Content which includes your equipment type, you agree to allow us to use it to suggest, offer, promote or connect you with potential loads or 3PL/ 4PL parties. Furthermore, you approve of the use or display of your safety ratings and insurance certificate, as provided by the FMCSA or other authority, in the Services, and you hereby agree that we shall have no liability to you or any third party for any incorrect or inaccurate data in such ratings.
You agree your contact information may be displayed, used, and accessed by any other user of the Service. Contact information includes but is not limited to, your name, your company name, your MC and/or DOT numbers, your phone number and your email address. You hereby understand and acknowledge that it is the Users of the Services, and not RPL, who provide the contact information, and you further acknowledge that we make no warranty regarding the accuracy of any such contact information.
Warranty Disclaimer.
Neither RPL nor its licensors or suppliers make any representations or warranties concerning any content contained in or accessed through the Services including Content and User Submissions, and we disclaim responsibility or liability for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. We make no representation, warranty or guarantee that any successful commercial result will be obtained as a result of any use of the Services, including, without limitation, that any use of the Services will result in your employment or engagement through the Services. We are not liable or responsible to you, the recipient of any shipments, or anyone else for any shipments contracted for through the Services that may become lost or cannot be located while in transit. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from RPL Global or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICES AND CONTENT ARE PROVIDED BY RPL (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL RPL Global (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO RPL Global IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
To the fullest extent allowed by applicable law, You agree to indemnify and hold RPL, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys' fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of California, without regard to the conflicts of laws provisions thereof. Arbitration Agreement. Please read the following ARBITRATION AGREEMENT carefully. It requires you to arbitrate certain disputes and claims with RPL and limits the manner in which you can seek relief from us. Both you and RPL acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, our officers, directors, employees and independent contractors (“Personnel”) are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND RPL Global ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
Applicability of Arbitration Agreement. Any dispute arising out of or relating to the subject matter of these Terms shall be finally settled by binding arbitration in San Diego, CA. The arbitration will proceed in the English language, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction.
The JAMS rules will govern payment of all arbitration fees. RPL Global will pay all arbitration fees for claims less than $25,000. We will not seek attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
YOU AND RPL Global WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and we are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between us over whether to vacate or enforce an arbitration award, YOU AND RPL WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute resolved by a judge.
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration. instead all claims and disputes will be resolved in a court as set forth below.
You have the right to opt out of the provisions of this section by sending written notice of your decision to opt out either by email at [email address] or by mail, postmarked within 30 days of first accepting these Terms to the following address:28452 Chat Dr. Laguna Niguel, CA 92677. Your notice (whether submitted via email or via mail) must include (1) your name and residence address. (2) the email address and/or telephone number associated with your account. and (3) a clear statement that you want to opt out of these Terms’ arbitration agreement.
If you send the opt-out notice above, and/or in any circumstances where the foregoing arbitration agreement permits either you or RPL to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party and both you and RPLagree that any judicial proceeding will be brought in the state or federal courts located in Laguna Niguel, CA.
You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that we may, in our sole discretion, do any of the foregoing on your behalf as we see fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and RPL agree that these Terms are the complete and exclusive statement of the mutual understanding between you and RPL, and that these Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of RPL and you do not have any authority of any kind to bind us in any respect whatsoever.