Terms of Service
This document provides the terms and conditions of use for the RelationChips™ app (hereafter called Service). Terms of Service govern all use of the Service via the website located at www.relationchips.com (the “Website”) and all content, services, and products available at or through the Website. The Service and Website are offered without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Website by RelationChips™ (collectively, the “Agreement”).
Read this Agreement carefully before accessing or using the Website as this constitutes your agreement to these terms and conditions of use. It discusses the nature of RelationChips™ Service; the rules RelationChips™ expects users to follow on its Website and its Service; the relationship between RelationChips™, its users, and its facilitators; and the legal details that control these rules and relationships.
By accessing or using any part of the Website or Service, 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 RelationChips™, acceptance is expressly limited to these terms. RelationChips™ may update these terms from time to time, and by continuing to use the Website after such an update you shall consent to such revised terms. RelationChips™ will attempt to notify you via email of any updates to these terms, but you are solely responsible for checking the Website for any such updates whenever you use the Website.
1. About the Service. The Service allows facilitators (“Facilitator Users”) to register with the Service and create meeting rooms for using the RelationChips™ tools with invited clients or guests.
2. Registration; Rules for Conduct and Use of the Service. If you sign up for the Service, you will create a personalized account which includes a unique username and a password to access the Service and to receive messages from the RelationChips™ administrators. You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You agree to notify RelationChips™ immediately of any unauthorized use of your password and/or account, or any other breaches of security. RelationChips™ is not responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account.
3. Use and Conduct Restrictions. You are solely responsible for your account and the activity that occurs while signed in to or while using your account. Your permission to use the Website is conditioned upon the following Use Restrictions and Conduct Restrictions. In the event that a user breaches any of these obligations, they are in breach of the terms and RelationChips™ may terminate their account. You agree that you will not under any circumstances:
* use the service for any unlawful purpose or for the promotion of illegal activities;
* attempt to, or harass, abuse or harm another person or group;
* use another user’s account without permission;
* provide false or inaccurate information when registering an account;
* interfere or attempt to interfere with the proper functioning of the Service;
* make any automated use of the system, or take any action that RelationChips™ deems to impose or to potentially impose an unreasonable or disproportionately large load on its servers or network infrastructure.
4. Facilitator Users. You acknowledge that RelationChips™ is not a provider or facilitator and is not offering therapy, coaching, consulting or any other kind of service beyond providing the Website and Service for you to use. Facilitator Users are not the employees or agents of RelationChips™. All RelationChips™ users who offer their services to perform coaching services or any other service for other users operate independently from RelationChips™. You acknowledge that under no circumstances may RelationChips™ be held liable for the actions or omissions of any Facilitator User performing coaching services, whether that is you or someone associated with you such as an employee or co-worker.
5. Intellectual Property. You acknowledge and agree that RelationChips™ and its licensors retain ownership of all intellectual property rights of any kind related to the Website and the Service, including applicable copyrights, trademarks and other proprietary rights. Other trademarks, service marks, graphics and logos used in connection with the Website and the Service may be the trademarks of other third parties. This Agreement does not transfer from RelationChips™ to you any RelationChips™ or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with RelationChips™. Your use of the Website grants you no right or license to reproduce or otherwise use any RelationChips™ or third-party intellectual property, including but not limited to trademarks or copyright. RelationChips™ reserves all rights that are not expressly granted to you under this Agreement.
- Facilitator User Responsibilities. Facilitator Users are solely responsible for ensuring that any information they post or place on the Website, including without limitation User Content, and any communications they may have with clients through the Website or the Service, fully comply with all applicable laws and rules of professional conduct, including those regulating the form, manner or content of communications with clients, advertising, or other matters.
- User Responsibilities. RelationChips™ does not warrant or guarantee that Facilitator Users are covered by professional liability insurance. RelationChips™ encourages clients and users to research any Facilitator User’s qualifications for the kind of service they purport to provide before accepting professional advice.
6. Email Communications. For contractual purposes, you (a) consent to receive communications from RelationChips™ in an electronic form via the email address you have submitted; and (b) agree that all Terms of Service, agreements, notices, disclosures, and other communications that RelationChips™ provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
RelationChips™ may also use your email address to send you other messages, including information about RelationChips™ and special offers. You may opt out of such email by changing your account settings or sending an email to firstname.lastname@example.org. Opting out may prevent you from receiving messages regarding RelationChips™ or special offers.
Communications made through email or the Service’s messaging system will not constitute legal notice to RelationChips™ or any of its officers, employees, agents or representatives in any situation where notice to RelationChips™ is required by contract or any law or regulation.
7. Disclaimer of Warranties. The Website and the Service are provided “as is,” without warranty of any kind. Without limiting the foregoing, RelationChips™ expressly disclaims all warranties, whether express, implied or statutory, regarding the Website and the Service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement. Without limiting the foregoing, neither RelationChips™ nor its owners, suppliers, nor licensors make any warranty or representation that access to or operation of the service will be uninterrupted or error free. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the service. Some jurisdictions limit or do not permit disclaimers of warranty, so this provision may not apply to you.
8. Limitation of Liability. To the extent permitted by applicable law, in no event shall RelationChips™, its affiliates, directors, or employees, or its licensors or partners, be liable to you for any loss of profits, use, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from (a) the use, disclosure, or display of your user content; (b) your use or inability to use the service; (c) the service generally or the software or systems that make the service available; or (d) any other interactions with RelationChips™ or any other user of the service, whether based on warranty, contract, tort (including negligence) or any other legal theory, and whether or not RelationChips™ has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. RelationChips™ shall have no liability for any failure or delay due to matters beyond its reasonable control. Some jurisdictions limit or do not permit disclaimers of liability, so this provision may not apply to you.
9. Release and Indemnification. If you have a dispute with one or more users of RelationChips™ service, you release RelationChips™ (and its owners, officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
You agree to indemnify and hold harmless RelationChips™, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website and the Service, including but not limited to your violation of this Agreement.
10. Modification of Terms of Service. RelationChips™ reserves the right, at its sole discretion, to amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments. It is your sole responsibility to check the Website from time to time to view any such changes in the Agreement. Your continued use of the Website constitutes agreement to RelationChips™ revisions to these Terms of Service. However, RelationChips™ will notify you of material changes to the terms by posting a notice on its homepage and/or sending an email to the email address you provided to RelationChips™ upon registration. For this additional reason, you should keep your contact and profile information current. Any changes to these Terms (other than as set forth in this paragraph) or waiver of RelationChips™ rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an RelationChips™ officer. No purported waiver or modification of this Agreement by RelationChips™ via telephonic or email communications shall be valid.
11. Miscellaneous. If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Except to the extent applicable law provides otherwise, this Agreement between you and RelationChips™ and any access to or use of the Website or the Service are governed by the federal laws of the United States of America and the laws of the State of Oregon, without regard to conflict of law provisions. You and RelationChips™ agree to submit to the exclusive jurisdiction and venue of the courts located in the City and County of Multnomah, Portland, Oregon, except as provided below in this Agreement.
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled on an individual basis in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Portland, Oregon, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.
YOU ACKNOWLEDGE THAT YOU HAVE READ THESE Terms of Service, UNDERSTAND THE Terms of Service, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE Terms of Service REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT. THIS AGREEMENT MAY ONLY BE MODIFIED BY A WRITTEN AMENDMENT SIGNED BY AN AUTHORIZED EXECUTIVE OF RelationChips™, OR BY THE POSTING BY RelationChips™ OF A REVISED VERSION.