ARBITRATION NOTICE: THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION, AND A WAIVER OF JURY TRIALS AND CLASS ACTIONS AS SET FORTH BELOW – PLEASE READ THESE SECTIONS CAREFULLY.
This Website’s Terms of Service
Secure Server Pages / Online Application Pages
Some of the pages requiring information are certified as Secure Sockets Layer (SSL) pages as designated. This Website appreciates the importance of providing a secure environment on its website and will take all reasonable and customary steps to protect the information You provide. Please use all means to protect Your personal information, particularly if You are using a shared computer.
Intellectual Property Ownership
All information and content contained on or in This Website, including but not limited to text, images, video, audio and data are owned by and proprietary to This Website, its vendors and/ or licensors and are protected by applicable copyright, trademark and trade secret laws. All rights not expressly granted by this Agreement are reserved solely to This Website, its vendors and/ or licensors. Except as otherwise specifically stated in this Agreement, You may not duplicate, display, distribute, sell, resell, reverse engineer, disassemble, decompile, make derivative works, or other use the information or content of This Website. Any unauthorized use by You may subject You to penalties or damages. This Website will enforce its intellectual property rights to the full extent of the law. Your use of the Service is for Your own personal use, and any sharing of Your account information, login, passwords, or the information, content and data provided by the Service, with any other person, firm or entity is strictly prohibited.
Use of This Website
The Website is intended for businesses operated by adults. If you use the Website, you are affirming that you are at least 18 years old or the legal age of majority in your state or province of residence (whichever is greater), operate a business, have the legal capacity to enter into a binding contract with us, and have read this Agreement and understand and agree to its terms. You may not use This Website for any purpose that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation. You may not use This Website or any of its content for competitive reasons nor may You resell or redistribute This Website content without prior express written consent of management at This Website. You may not attempt to use any “deep-link,” “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code” or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of This Website, any data or content found on or accessed through This Website without prior express written consent of THE RUTTER ORGANIZATION. You may not use This Website to obtain or attempt to obtain through any means any materials or information on This Website that has not been intentionally made publicly available either by public display on This Website or through accessibility by a visible link on This Website. You may not use This Website in a manner that would violate the security of This Website or attempt to gain unauthorized access to This Website, data, materials, information, computer systems, or networks connected to any server associated with This Website, through hacking, password mining or any other means. You may not impersonate any person or entity, or falsely state or otherwise represent an affiliation with a person or entity. You may not interfere with, attempt to interfere with or otherwise disrupt the proper working of This Website, any activities conducted on or through This Website or any servers or networks connected to This Website, including accessing any data, content or other information prior to the time that it is intended to be available to the public on This Website.
Telephone Consumer Protection Act Compliance
Digital Millennium Copyright Act
If You believe that Your copyrighted work has been copied, reproduced, displayed, duplicated, performed, distributed, or otherwise infringed without Your authorization and is available on the Service in a way that may constitute copyright infringement, You may provide notice of Your claim to This Website Designated Agent listed below, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For Your notice to be effective, it must include the following information: 1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 2. A description of the copyrighted work that You claim has been infringed upon; 3. A description of where the material that You claim is infringing is located; 4. Information reasonably sufficient to permit This Website to contact You, such as an address, telephone number, and, if available, an e-mail address at which You may be contacted; 5. A 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; and 6. A statement that the information in the notification is accurate and, under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If Your user content or other information has been affected by reason of a notification under the DMCA, You may make a counter-notification pursuant to sections 512(g)(2) and (3) of the DMCA. You will be liable for damages (including costs and attorneys’ fees) if You materially misrepresent that Your user content or Your activity is not infringing the copyrights of others. When we receive a counter-notification, we may reinstate the material in question. To file a counter-notification with us, You must provide us with a written communication sent to This Website’s Designated Agent identified above that sets forth the following items: 1. An identification of the URLs or other unique identifying information of material that This Website has removed or to which This Website has disabled access; 2. Your name, address, telephone number, email address, and a statement that You consent to the jurisdiction of Federal District Court for the judicial district in which Your address is located (or San Francisco, California if Your address is outside of the United States), and that You will accept service of process from the person who provided notification under the DMCA or an agent of such person; 3. A statement, under penalty of perjury, that You have a good faith belief that content at issue was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and 4. Your physical or electronic signature.
Use of this Site at Own Risk
You acknowledge and agree that Your use of the website and of the Service is at Your own risk and that neither This Website nor any other party involved in creating, producing, or delivering This Website, including the content and information contained in This Website, is liable for any direct, indirect, incidental, consequential or punitive damages, or any losses, costs, or expenses of any kind (including attorneys’ fees, and/or other fees or expenses ) which may arise, directly or indirectly, through the access to, the use of, or the browsing in this site or through Your downloading of any materials, text, data, images, video, or audio from This Website, including but not limited to anything caused by any viruses, bugs, human action or inaction of any computer system, phone line, hardware, software or program malfunctions, or any other errors, failures or delays in computer transmissions or network connections, or the failure of any Internet service provider.
No Warranty of Accuracy of Information
You acknowledge and agree that while This Website will make reasonable efforts to ensure that the content and information provided by the Service is correct and that even though the schedules, times, locations, entertainers, speakers, performers, and other information contained in This Website are based upon current information, This Website cannot and does not guarantee the accuracy of the information and makes no warranties or representations as to its accuracy. ALL CONTENT AND INFORMATION CONTAINED IN THIS WEBSITE AND/OR PROVIDED BY THE SERVICE ARE PROVIDED TO YOU “AS IS”, WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
Limitation of Liabilities
UNDER NO CIRCUMSTANCES SHALL THE RUTTER ORGANIZATION BE LIABLE FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF BUSINESS OR BUSINESS INTERRUPTION, OR SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, EVEN IF THE RUTTER ORGANIZATION HAS BEEN SPECIFICALLY ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE RUTTER ORGANIZATION’S LIABILITY TO YOU OR ANY OTHER PERSON, FIRM OR ENTITY EXCEED THE FEES ACTUALLY PAID BY YOU TO THIS WEBSITE (or $100, WHICHEVER AMOUNT IS HIGHER), REGARDLESS OF THE FORM OF CLAIM. YOU ACKNOWLEDGE THAT THE RUTTER ORGANIZATION DOES NOT GUARANTEE ANY WORK DONE BY ANY CONTRACTOR OR OTHER PARTY REFERRED TO YOU BY THE RUTTER ORGANIZATION OR THIS WEBSITE. YOU AGREE THAT THIS WEBSITE IS NOT LIABLE FOR ANY DAMAGE, LOSS OR JUDGMENT CAUSED BY ANY CONTRACTOR OR OTHER PARTY REFERRED TO YOU BY THE RUTTER ORGANIZATION OR THIS WEBSITE AND YOU WAIVE ALL SUCH CLAIMS AGAINST THE RUTTER ORGANIZATION AND ITS AFFILIATES, OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES. THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS INURE TO THE BENEFIT OF THE RUTTER ORGANIZATION.
You agree to indemnify and hold harmless THE RUTTER ORGANIZATION, its affiliates, its officers, directors, agents and employees against any asserted claims or suits made by any third party or any regulatory action brought by any entity, for any and all damages, losses, judgments or liabilities (including but not limited to reasonable attorneys’ fees) arising from or relating to: (i) any actual or alleged breach of this Agreement by You; (ii) any content, data or material that You submit, post or otherwise provide to This Website (or to THE RUTTER ORGANIZATION or its partners) or on This Website; and/or (iii) any actual or alleged violation of any law or regulation.
Unlawful Content and Behavior
You acknowledge and agree that You will not post or transmit to This Website any pornographic, obscene, profane, defamatory, libelous, threatening, unlawful or other materials which could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or regulation. Notwithstanding the fact that This Website or other parties may be involved in creating, producing or delivering This Website, may monitor or review transmissions, postings, or discussions, This Website assumes no responsibility or liability which may arise from such content, including but not limited to claims for defamation, libel, slander, obscenity, pornography, profanity or misrepresentation. Links to Other Websites You acknowledge and agree that although This Website may be linked to other websites, This Website neither directly nor indirectly expresses or implies any approval, association, sponsorship, endorsement or affiliation with the linked website, unless otherwise specifically stated in This Website. This Website has not reviewed all websites linked to This Website, is not responsible for the content of any other website linked to This Website and makes no representations or warranties whatsoever as to the content or information contained on such websites. Any use of links by You to any other websites is at Your own risk.
Binding Arbitration and Class Action / Jury Trial Waiver
Agreement to Arbitrate. YOU AND THE RUTTER ORGANIZATION, OR ANY OF THEIR AFFILIATES, AGREE TO RESOLVE ANY CLAIMS RELATING TO THESE TERMS OR FROM THE SERVICES THROUGH FINAL AND BINDING ARBITRATION BY A SINGLE ARBITRATOR, EXCEPT AS SET FORTH UNDER EXCEPTIONS TO AGREEMENT TO ARBITRATE BELOW. THIS INCLUDES DISPUTES ARISING OUT OF OR RELATING TO INTERPRETATION OR APPLICATION OF THIS “BINDING ARBITRATION AND CLASS ACTION / JURY TRIAL WAIVER” SECTION, INCLUDING ITS ENFORCEABILITY, REVOCABILITY, OR VALIDITY. Arbitration Procedures and Fees. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in San Francisco, California (CA), United States or any other location we agree to. The AAA rules will govern payment of all arbitration fees.
Exceptions to Agreement to Arbitrate. Either you or THE RUTTER ORGANIZATION may assert claims, if they qualify, in small claims court in San Francisco (CA) 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 the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration. If the agreement to arbitrate is found not to apply to You or Your claim(s), You agree to the exclusive jurisdiction of the state and federal courts located in San Francisco, California to resolve your claim.
Waiver of Jury Trial. EACH PARTY HERETO HEREBY IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OF THE SERVICES (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY). EACH PARTY HERETO (A) CERTIFIES THAT NO REPRESENTATIVE, AGENT OR ATTORNEY OF ANY OTHER PERSON HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PERSON WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER AND (B) ACKNOWLEDGES THAT IT AND THE OTHER PARTIES HERETO HAVE BEEN INDUCED TO ENTER INTO THIS AGREEMENT AND THE OTHER LOAN DOCUMENTS BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION.
Waiver of Class Actions. You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or as a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed. If this specific paragraph is held unenforceable, then the entirety of this “Binding Arbitration and Class Action / Jury Trial Waiver” section will be deemed void.
Application of Laws
You acknowledge and agree that although the information and materials on This Website may be read throughout the world, This Website is designed and intended for use in the United States and use of This Website by You will be construed and evaluated according to the laws of the United States. If You access This Website from another country, You are responsible for compliance with any and all applicable local laws. If the information and materials in the website do not conform to the laws of the country where You access the website, the information is not meant for You. This Website makes no representation that the information and materials contained in This Website are appropriate outside the United States. You agree that in the event that any dispute arises under this Agreement or Your other use of This Website or the Service, the laws of the State of TEXAS shall apply without resort to its choice of law provisions or rules. You also agree to submit to the personal jurisdiction of the state and federal courts located in TEXAS and further agree that the states and federal courts located in TEXAS shall be the exclusive venue for the resolution of any dispute between This Website and You.
This Agreement is the entire agreement and supersedes and cancels all previous written and oral agreements and communications relating to the subject matter of this Agreement.
No failure to exercise, and no delay in exercising, on the part of either party, any privilege, any power or any rights hereunder will operate as a waiver thereof, nor will any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder. No waivers or amendments shall be effective unless made in writing and signed by a duly authorized representative of This Website.
If any part of this Agreement shall be adjudged by any court of competent jurisdiction to be invalid, such judgment will not affect or nullify the remainder of this Agreement.
This Agreement will bind and inure to the benefit of each party’s permitted successors and assigns. Neither party may assign this Agreement without the advance written consent of the other party, except that THE RUTTER ORGANIZATION may assign this Agreement without consent to an affiliate or in connection with a merger, reorganization, acquisition, or other transfer of all or substantially all of its assets or voting securities. Any attempt to transfer or assign these Terms except as expressly authorized under this paragraph will be void.
We encourage our customers to contact us with questions or comments about our products and services OR IF you have any questions or inquiries concerning any of the Terms, you may contact THE RUTTER ORGANIZATION by sending us an e-mail.
THE RUTTER ORGANIZATION
71 Camille Drive, El Paso, Texas, 79912
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