DialAroundTheWorld® is a division of RNK, Inc. d/b/a RNK Communications (hereafter "RNK" or "RNK Communications"), and DialAroundTheWorld® and DialAroundTheWorld.com® are service marks of RNK Communications. This DialAroundTheWorld.com® Website is owned and operated by RNK (an "RNK Communications website"). Your use of this RNK Communications website constitutes your agreement to and acceptance of the terms, conditions, warranties, and disclaimers below and of the "Disclaimer," "Privacy/Security Statement," and "Terms and Conditions," hyperlinked to the "Terms and Conditions of Use" page available throughout the RNK Communications website. Please read these policies, terms and conditions, before using the RNK Communications website or any RNK services or offerings. If you do not understand any of these terms and conditions, please exit this website immediately.
- Notice of Agreement/Legal Document.
THE FOLLOWING DOCUMENT IS A CONTRACT AND IS A LEGALLY BINDING AGREEMENT. PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE YOU USE THE SERVICES PROVIDED BY THIS website AND BEFORE YOU AGREE TO PURCHASE ANY PRODUCTS FROM THIS website. BY USING THIS website OR BY AGREEING TO PURCHASE ANY PRODUCTS FROM THIS website, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS STATED BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT USE THIS website AND SHOULD EXIT IT IMMEDIATELY.
RNK desires to provide the RNK Communications Website and YOU desire to use the RNK Communications Website, provided by RNK, subject to the terms and conditions of this Agreement, as RNK may amend or revise this Agreement from time to time.
- RNK, Inc. (hereinafter referred to as "RNK"), is a Massachusetts Corporation, with its principal place of business located at 333 Elm Street Dedham, Massachusetts 02026 USA.
- "CUSTOMER," "YOU," and "YOUR" refer to:
- the natural person using this website, regardless of whether he or she is acting is his or her individual capacity, or as the agent for any other natural person or business entity; and
- the natural person who is the principal of any electronic agent(s) using this website, regardless of the number of layers of electronic agency that may exist between the natural person principal and the electronic agent(s) using this website.
- In this Agreement, RNK and YOU may sometimes be referred to collectively as the "PARTIES." Where this Agreement uses the term "PARTIES," it intends both YOU and RNK.
In consideration of RNK's providing access to and use of the RNK Communications Website to YOU, YOUR payment of and promises to pay fees to RNK, and YOUR promises to abide by the terms and conditions of this Agreement, as RNK may amend or revise this Agreement from time to time, and in consideration of all the mutual covenants and promises made in this Agreement, the PARTIES hereby agree as follows:
- General Terms and Conditions.
- Service to Be Provided by RNK to CUSTOMER.
The RNK Communications Website is provided to YOU (the "CUSTOMER") by RNK, subject to the terms and conditions of this Agreement.
You may access the Agreement while you are connected to the Internet by going to the page on the World Wide Web by clicking on any hyperlink on the RNK Communications Website that is labeled "Terms and Conditions."
- Entire Agreement.
This Agreement comprises the entire agreement between YOU (the CUSTOMER) and RNK, and supersedes any prior agreements between YOU, the CUSTOMER, and RNK, with respect to the subject matter of this Agreement; provided, however, that YOU shall be subject to any additional terms and conditions of which RNK notifies you from time to time and that may apply when YOU are using any content, software, products, or services of any kind or nature, relating to this Website.
- Revisions to this Agreement.
- YOU may not revise any of the terms of this Agreement without express prior authorization and written agreement signed by a duly authorized Officer or Manager of RNK.
- RNK reserves the right to, and may, revise this Agreement at any time, and such revisions shall become effective ten (10) business days after RNK posts the revised Agreement for public viewing. You may access the Agreement while you are connected to the Internet by going to the page on the World Wide Web, by clicking on any hyperlink on the RNK Communications Website that is labeled "Terms and Conditions." The revisions to the Agreement shall include notice of the date of posting the most recent revision to the Agreement.
- YOU agree to read the revisions to this Agreement periodically and preferably, at least once every ten (10) business days to become aware of such revisions to this Agreement.
- YOUR continued use of the RNK Communications Website more than ten (10) business days after RNK posts revisions to this Agreement, as described above, shall be conclusively deemed YOUR assent to the additional terms and conditions made part of this Agreement by such revisions.
- If any such revised or additional terms and conditions are unacceptable to YOU, or if YOU do not agree to and do not wish to be legally bound by such revised or additional terms and conditions, you may terminate this Agreement as provided in Section 13 below.
- Account Information.
- Services RNK Will Provide to CUSTOMER.
- RNK grants YOU a limited, non-exclusive, and nontransferable license to use the RNK Communications Website and its various components or to refer third parties to the RNK Communications Website for the sole purpose of purchasing such services. This license is subject to the restriction, that, except to the extent expressly permitted by law, YOU may not translate, reverse engineer or reverse compile or decompile, disassemble or make derivative works from the software residing at or used to operate the RNK Communications Website (hereinafter referred to as the "RNK Software"). YOU may not modify the RNK Software in any manner or form, or use it in any way which is not expressly authorized by RNK, other than to access the RNK Communications Website, as authorized by this Agreement, including, without limitation, for the purpose of obtaining unauthorized access to RNK's service or data (also known as "hacking"). YOU agree to abide by the laws of the United States and other applicable export control laws and regulations and not to transfer, by electronic transmission or otherwise, any information, including the RNK Software in either source, object, or executable form, which is subject to restrictions under such laws to a national or destination restricted under such laws without first obtaining and then complying with any requisite government authorization or licensing requirements and without first providing RNK with a certified copy of said license or written government authorization, evincing compliance with all applicable export control laws and regulations.
- RNK will provide YOU with customer service related to YOUR use of the RNK Communications Website, at no additional charge, subject to the restrictions posted on the Customer Service area of the RNK Communications Website.
- Warranties and Representations of CUSTOMER (applicable to YOU only if YOU accept a membership or other service using passwords and/or user names).
- YOU acknowledge that YOU will receive a user name and a password to access the services provided by RNK at the RNK Communications Website.
- Upon YOUR initial access to the RNK Communications Website, YOU will select a unique password. YOU are solely responsible for maintaining the confidentiality of YOUR password and are liable for any harm resulting from disclosing or allowing disclosure of any password or from use by any person of YOUR password to gain access to YOUR accounts.
- Therefore, for security purposes, RNK recommends that YOU change YOUR password regularly.
- YOU understand that YOUR password is confidential and is intended solely for YOUR use and for no other person's use.
- YOU understand that RNK will rely on YOUR agreement to keep YOUR password secret and confidential and that YOU will not reveal YOUR password to any other person or entity, except as required by law.
- YOU understand that disclosure of YOUR password to any other person or entity, except as required by law, could cause irreparable damages to RNK, including, but not limited to compromise of RNK's confidential and proprietary business information and trade secrets, compromise of the integrity of the information and communications of RNK's other customers, interruption of RNK's services, lost profits to RNK, and damages to RNK's business reputation and goodwill.
- YOU understand and agree that disclosure of YOUR password to any other person or entity, except as required by law, is a MATERIAL BREACH of this Agreement, and MAY VIOLATE LOCAL, STATE, and FEDERAL LAW.
- In the event that YOU disclose YOUR password to any other person or entity, YOU shall and hereby do forever agree to defend, hold harmless, and indemnify RNK from any harm or damages whatsoever resulting or indirectly from YOUR disclosure of YOUR password to any other person or entity.
- YOU understand and agree that YOU shall be entirely liable for all activities conducted through use of YOUR password, whether any third person or entity may also be liable for such activities.
- Information YOU Provide to RNK .
YOU agree to provide RNK with accurate, complete, and updated registration information, and failure to do so shall constitute a breach of this Agreement and unauthorized access to RNK's service, and may result in immediate termination of YOUR account and subject YOU to civil and/or criminal liability. YOU further acknowledge that it is a Federal and State criminal offense to purchase any product from RNK by fraudulent means.
- Charges, Fees, and Payment.
- Rates and Billing Methods; Subject to Change with Notice.
- The rates and charges for telephone card products available from RNK, as well as the methods of payment shall be those posted on the RNK Communications Website, as amended or revised from time to time.
- If YOUR chosen payment method for RNK's service is by credit or debit card, and RNK has not received payment from the card issuer or its agents, YOU agree to pay all amounts due upon demand by RNK by money order, cashier's check, or cash in U.S. currency.
- YOUR card issuer's agreement governs YOUR use of YOUR designated payment card in connection with the RNK Communications Website, and YOU must refer to such agreement and not this Agreement with respect to YOUR rights and duties as a cardholder.
- Upon written request, RNK will provide YOU with a written statement of charges within five (5) business days or as is reasonably possible. Unless YOU notify RNK of any discrepancies within thirty (30) days after the first date on which they first appear (as shown on the written account statement), they will be deemed acceptable by YOU for all purposes, including resolution of inquiries made by YOUR card issuer or bank.
- YOU release RNK from all liabilities and claim of loss resulting from any error or discrepancy that is not reported to RNK within thirty (30) days of the erroneous call.
- YOUR Responsibility for Charges.
- YOU shall be responsible for all charges resulting from YOUR use of the RNK Communications Website and the use of the RNK Communications Website by any other person who uses your user Personal Identification Number (PIN), regardless of whether YOU have actually authorized such charges.
- If YOU misplace YOUR PIN, or suspect that someone else may be using it without YOUR authorization, YOU agree that YOU will notify RNK immediately. Failure to notify RNK within thirty (30) days may result in YOUR being liable for unauthorized charges, as per Section 7(A)(5).
- Failure to Make Timely Payment.
- RNK reserves the right to suspend or terminate YOUR account and YOUR access to the RNK Communications Website for any amounts past due. Amounts past due include, but are not limited to denied credit card or debit card charges.
- Accounts that are past due or in default are subject to an interest charge of 1.5% or the maximum amount allowed under applicable law, whichever is greater, per month on the outstanding balance.
- Credit or debit card charges that are dishonored for any reason may be subject to a collection fee of $25.00 per dishonored charge, and YOUR account and access to the RNK Communications Website Service may be suspended until YOU have paid in full all amounts YOU owe to RNK.
- Termination of YOUR account and/or YOUR access to the RNK Communications Website shall not relieve YOU from the obligation to satisfy outstanding invoices and to pay to RNK all amounts YOU owe to RNK pursuant to this Agreement, or otherwise.
- In the event RNK uses an attorney at law to collect any unpaid amounts from YOU, YOU shall be responsible for the payment of all of RNK's attorneys' fees and costs, in addition to any penalties allowed under applicable law, in the collection of those sums.
- All Sales Final; Refunds or Credits from Carriers.
- ALL SALES FROM THE RNK COMMUNICATIONS WEBSITE ARE FINAL, WITH RESPECT TO RNK.
- RNK reserves the discretion to issue any refunds, credits, adjustments, or replacement of telephone cards, virtual cards, or electronic personal identification numbers (PINs).
- Should RNK, at its sole discretion, make any limited exceptions to its "all sales final" policy as described in this Agreement, RNK shall not waive any rights it has to enforce said policy in all other cases and at all other times, to the fullest extent provided in this Agreement and allowed under applicable law.
- Limitations on Use of RNK Communications Website
In any given 24-hour period, the number of purchases and the aggregate monetary value of the purchases YOU may make from the RNK Communications Website is limited to 1,000. These limits may vary from time to time. YOU agree that RNK reserves the right to change these limits at any time without notice and that RNK shall not be liable to YOU in any manner, for any reason, under any legal theory as a result of changing such limits. YOU further agree that YOU will not exceed or attempt to exceed these limits. To make a purchase over 1,000, please contact RNK at 1-888-642-9831.
- Intellectual Property Rights.
- RNK's Intellectual Property Rights.
- All Content that RNK provides on any and all of its pages on the World Wide Web, any and all files, software, and databases RNK uses to operate the RNK Communications Website, and any and all files RNK makes available to YOU for use, viewing, browsing, or downloading, are protected by copyright pursuant to U.S. law, international conventions, and other copyright laws as individual works, and as a collective work and/or compilation, and RNK claims and owns, intends to own, or is in the process of owning a copyright, trademark, and/or patent in the selection, coordination, arrangement and enhancement of such Content.
- YOU agree not to modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided below), create derivative works from, distribute, perform, display, create collective works or compilations including, or in any way exploit, any of the Content, in whole or in part; provided that if RNK applies no specific restrictions directly or indirectly in relation to a particular item of Content, YOU may make a reasonable and limited number of copies of such item, including copyrighted material, provided that
- YOU make and use the said copies solely for YOUR personal and non-commercial use;
- YOU ensure that any notices contained in the Content such as all copyright, trademark, servicec mark, patent, and other proprietary rights notices are reproduced in an unmodified form in all such copies; and
- YOU refrain from transferring such Content to any other person, entity, computer, computer network, or other device, without the prior express written consent of RNK.
- YOU agree to comply with all the terms and conditions of RNK's Copyright Notice and Policy, as amended or revised from time to time, and available online.
- Intellectual Property Rights of Third Parties.
Third persons not parties to this Agreement shall retain all rights they have to intellectual property rights to Content they own and which they enjoy by law. YOU agree not to infringe upon any such rights and agree to defend, hold harmless, and indemnify RNK from any infringement YOU cause to the rights of any third party in any intellectual property rights that may result from YOUR use of the RNK Communications Website.
- YOUR Duties Under this Agreement.
- Compliance with Agreement.
YOU agree to abide by and perform all the terms and conditions of this Agreement at all times.
- Compliance with Applicable Laws.
- YOU agree to abide by and to follow all applicable laws in using the RNK Communications Website and, to the extent allowed by law, YOU agree to defend, hold harmless, and indemnify RNK from any damages caused by YOUR violation of any applicable laws.
- YOU acknowledge that access to or use of the RNK Communications Website may not be legal in certain countries.
If YOU access or use the RNK Communications Website outside the United States of America, YOU do so at YOUR own risk and are responsible for compliance with the laws of the jurisdiction in which or from which YOU access or use the RNK Communications Website.
- YOU may not use the RNK Communications Website or any products or services you purchase by way of the RNK Telecom Website for any unlawful purpose.
- RNK reserves the right to discontinue furnishing service or to limit the use of the RNK Communications Website necessitated by conditions beyond its control; or if YOU use the RNK Communications Website or any products or services you purchase by way of the RNK Communications Website in violation or attempted violation of the law.
- Refraining from Certain Activities.
YOU further agree that YOU will not do or attempt to do any of the following activities in connection with YOUR use of the RNK Communications Website or otherwise:
- Violate the security of the RNK Communications Website or any other computer network, or crack passwords or security encryption codes;
- Transfer or store illegal material including that deemed threatening or obscene, or engage in any kind of illegal activity;
- Impersonate any person living or dead, organization, business, or other entity, or use any name or communicate under any false name that YOU are not authorized to use;
- Solicit other RNK customers, retailers, or distributors to become customers of other companies or services directly competing with RNK ; or
- Violate any of the rules, regulations and policies of those networks, computer systems, telecommunications carriers, or Internet service providers that YOU use to access the RNK Communications Website.
- Increasing Network Usage and Traffic.
YOU agree not cause or attempt to cause traffic levels to RNK's website and related servers and networks, or other networks to rise without reason or for any malicious purpose, by any means, including, but not limited to, transmitting large files to e-mail, ftp, or other servers for malicious purposes, "mailbombing," transmissions intended to raise the cost of another network provider's access through excessive traffic levels, or repeatedly sending the same content to RNK for the purpose of harassment.
- Spamming Prohibited.
YOU agree that YOU shall not engage in any spamming at any time.
- Attempting to Circumvent or Bypass System Security Measures.
- YOU agree not to obstruct or attempt to obstruct the systems identification procedures or to forge communications of any form.
- YOU agree not to attempt to cause, or actually cause, any disruption of service on the RNK Communications Website or any other network or any server housing the RNK Communications Website, including but not limited to malicious traffic generation, attempted or actual violation of any security system in place on the Internet and its resources, or any unauthorized access to any computer or resource on the Internet.
- YOU agree not to abuse or attempt to abuse the system and resources of the RNK Communications Website in any manner.
- YOU agree not to violate or attempt to violate the security of the authentication and accounting procedures of the RNK Communications Website.
- YOU agree not to attempt to or actually undermine, hinder, damage, or disrupt the hardware, software, or security of the RNK Communications Website or any of its various components.
- Disclaimer of Warranties.
THE FOREGOING WARRANTIES SET FORTH ARE EXCLUSIVE AND NO OTHER WARRANTY IS EXPRESSED OR IMPLIED.
- RNK Communications Website.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE RNK COMMUNICATIONS WEBSITE AND ANY COMPONENTS OF THE RNK COMMUNICATIONS WEBSITE ARE AT YOUR SOLE RISK, AND THAT YOU VOLUNTARILY ASSUME THAT RISK. THE RNK COMMUNICATIONS WEBSITE AND ALL OF ITS COMPONENTS ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION.
RNK's ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO USE OF THE RNK COMMUNICATIONS WEBSITE AND ANY COMPONENTS OF THE RNK COMMUNICATIONS WEBSITE, AS WELL AS RNK's LIABILITY TO YOU FOR BREACH OF THIS AGREEMENT ARE LIMITED SOLELY TO THE AMOUNTS YOU HAVE PAID TO RNK . BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, RNK's LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
THE RNK COMMUNICATIONS WEBSITE AND ALL OF THE COMPONENTS OF THE RNK COMMUNICATIONS WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
NO ADVICE OR INFORMATION GIVEN BY RNK , ITS PARENTS, ITS SUBSIDIARIES, ITS MEMBERS, ITS PARTNERS, ITS JOINT VENTURERS, ITS AFFILIATES, ITS SUPPLIERS, ITS LICENSORS, ITS CONTRACTORS, OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY OF ANY KIND. NEITHER RNK NOR ITS PARENTS, ITS SUBSIDIARIES, ITS MEMBERS, ITS PARTNERS, ITS JOINT VENTURERS, ITS AFFILIATES, ITS SUPPLIERS, ITS LICENSORS, ITS CONTRACTORS, OR THEIR RESPECTIVE EMPLOYEES WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY INFORMATION, SOFTWARE, OR OTHER MATERIAL ACCESSIBLE ON THE SERVICE IS FREE OF VIRUSES, CANCEL BOTS, WORMS, LOGIC BOMBS, TROJAN HORSES, OR OTHER HARMFUL CONTENTS OR OMPONENTS.
- Specific Information Available on the RNK Communications Website.
RNK AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE RNK COMMUNICATIONS WEBSITE AND ITS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.
RNK AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE RNK COMMUNICATIONS WEBSITE AND ITS SERVER COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. RNK AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
- Links to Third Party websites.
SOME OF THE LINKS ON THE RNK COMMUNICATIONS WEBSITE WILL LET YOU LEAVE THE RNK COMMUNICATIONS WEBSITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF RNK AND RNK IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES.
RNK IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY RNK OF THE SITE TO WHICH THE RNK COMMUNICATIONS WEBSITE LINKS, NOR SHALL ANY LINK CREATE ANY EXPRESS OR IMPLIED WARRANTY BINDING ON RNK.
- Products Available from the RNK Communications Website.
- To ensure that YOU are aware of YOUR rights related to purchasing products offered by vendors and carriers on the RNK Communications Website, RNK has created the following disclaimers which are binding and material terms of this Agreement. YOUR ordering any products on the RNK Communications Website constitutes YOUR agreement to the following disclaimers.
- YOUR PURCHASE OF ANY PRODUCTS THROUGH THE RNK COMMUNICATIONS WEBSITE INDICATES YOUR ACCEPTANCE OF THE TERMS STATED HEREIN. PLEASE REMEMBER THAT ALL OF THE RULES STATED IN THIS AGREEMENT APPLY TO THE PURCHASE OF ANY PRODUCTS THROUGH THE RNK COMMUNICATIONS WEBSITE.
- RNK NEITHER REPRESENTS NOR WARRANTS NOR ENDORSES THE ACCURACY OR RELIABILITY OF ANY INFORMATION OR ADVERTISEMENTS UPLOADED, DISPLAYED, OR DISTRIBUTED THROUGH THE RNK COMMUNICATIONS WEBSITE. RNK IN NO WAY EITHER EXPRESSLY OR IMPLIEDLY TAKES RESPONSIBILITY FOR THE QUALITY OF ANY MERCHANDISE AVAILABLE FOR PURCHASE THROUGH THE RNK COMMUNICATIONS WEBSITE.
- RNK FURTHER DISCLAIMS ALL WARRANTIES ON THE MERCHANDISE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
- IN NO EVENT SHALL RNK, ITS PARENTS, ITS SUBSIDIARIES, ITS MEMBERS, ITS PARTNERS, ITS JOINT VENTURERS, ITS AFFILIATES, ITS SUPPLIERS, ITS LICENSORS, ITS CONTRACTORS, OR THEIR RESPECTIVE EMPLOYEES BE HELD LIABLE FOR COSTS OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, ATTORNEYS' FEES OR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY KIND OF DAMAGES WHATSOEVER, EVEN IF RNKOR ANY OF THE OTHER PERSONS OR ENTITIES IDENTIFIED IN THIS PARAGRAPH HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LEGAL OR EQUITABLE THEORY OF RECOVERY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, MERCHANDISE, AND MATERIALS AVAILABLE FROM THE RNK COMMUNICATIONS WEBSITE.
- By YOUR agreeing to this disclaimer, YOU are indicating that YOU will not for any reason take any legal action against RNK , its parents, its subsidiaries, its members, its partners, its joint venturers, its affiliates, its suppliers, its licensors, its contractors, or their respective agents or employees with respect to any matter covered by the aforementioned disclaimers.
- Further, you are also agreeing that if any portion of this disclaimer is found by a court of competent jurisdiction to be unconscionable, inapplicable or void, only that portion of this disclaimer will be stricken, parties and the remainder of the provisions shall remain in full force and effect.
- Limitation of Liability.
UNDER NO CIRCUMSTANCES SHALL RNK, ITS PARENTS, ITS SUBSIDIARIES, ITS MEMBERS, ITS PARTNERS, ITS JOINT VENTURERS, ITS AFFILIATES, ITS SUPPLIERS, ITS LICENSORS, ITS CONTRACTORS OR THEIR RESPECTIVE AGENTS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM YOUR USE OF OR INABILITY TO USE THE RNK COMMUNICATIONS WEBSITE OR ANY OF THE COMPONENTS OF THE RNK COMMUNICATIONS WEBSITE, OR ANY PART THEREOF, OR YOUR RELIANCE ON OR USE OF INFORMATION, SERVICES, OR MERCHANDISE PROVIDED ON OR THROUGH THE RNK COMMUNICATIONS WEBSITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, ANY FAILURE OF PERFORMANCE, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR ACCOUNT, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. IN THE EVENT RNK IS FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER THE TERMS OF THIS AGREEMENT, RNK's LIABILITY SHALL BE LIMITED TO THE LIABILITY AS STATED IN THIS AGREEMENT.
- Indemnification of RNK by CUSTOMER.
- Upon request of RNK, YOU agree to defend, indemnify, and hold harmless RNK, its parents, its subsidiaries, its members, its partners, its joint venturers, its affiliates, its suppliers, its licensors, its licensees, its agents, its contractors, or their respective agents and employees, and all their respective successors and assigns from all liabilities, claims, losses, judgments, damages, and expenses, including, without limitation, attorney's fees and costs of litigation, arising from breach of this Agreement by use of, or in connection with, the transmission by or through YOUR account of any content or communications.
- RNK reserves the right, at its own expense and at its sole discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by YOU hereunder, and in such event, YOU shall have no further obligation to provide indemnification for such matter.
- YOU shall promptly notify RNK in writing of any claim arising or potentially arising under this indemnity.
- Termination of Agreement.
Either YOU or RNK may terminate this Agreement at any time. YOUR sole right with respect to any dissatisfaction with any term of this Agreement, as revised or amended from time to time, or RNK's performance of this Agreement is to terminate this Agreement by notifying RNK in writing.
- Alternative Dispute Resolution.
The parties will attempt to settle any controversy of claim arising out of or relating to this Agreement, or the breach thereof, or for non-payment of charges for the products and services provided under this Agreement through good faith negotiations. The arbitration will be held in Boston, Massachusetts, USA. The arbitrator may not limit or expand or otherwise modify the terms of this Agreement.
- Consent to Jurisdiction; Venue.
Venue for mediation, arbitration, or litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to this Agreement, or the breach thereof shall be proper only in Boston, Massachusetts, USA. The domestic law of the Commonwealth of Massachusetts shall govern the construction, interpretation, and performance of this Agreement.
- Choice of Law.
- For all purposes, this Agreement shall be deemed to have been made within the Commonwealth of Massachusetts. This Agreement shall be governed by the laws of the United States of America and the laws of the Commonwealth of Massachusetts, without regard to Massachusetts' choice of law and conflicts of law rules, and RNK and YOU each submit to the exclusive jurisdiction of the Circuit Court of Suffolk County, Massachusetts, or to the United States District Court for the First Circuit, should any claim or question arise under Federal law or federal jurisdiction based upon diversity of citizenship.
- NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT TO THE CONTRARY, THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT ("UCITA") OR ANY SUCCESSOR MODEL ACT THAT IS SUBSTANTIALLY SIMILAR TO THE APPROVED DRAFT OF UCITA APPROVED BY THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS (NCCUSL) ON OR ABOUT AUGUST 4, 1999, OR ANY STATE LAW THAT IS SUBSTANTIALLY SIMILAR TO THE AFOREMENTIONED MODEL UCITA OR SUCCESSOR LAWS, SHALL APPLY TO ANY TRANSACTION OR ANY PART OF ANY TRANSACTION ARISING UNDER THIS AGREEMENT, REGARDLESS OF ANY STATE IN WHICH UCITA MAY HAVE BEEN ENACTED AT THE TIME SUCH TRANSACTION OR ANY PART OF SUCH TRANSACTION PURSUANT TO THIS AGREEMENT SHALL HAVE OCCURRED.
- Force Majeure.
RNK shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, accidents, fire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation, magnetic interference, interruptions of electrical power or other utility service, unavailability of any telecommunications service or connection to any telecommunications service, or any cause beyond the reasonable control of RNK.
- Non-transferability of Right to Use Service.
- The rights to use the RNK Communications Website and YOUR account are not transferable. Accounts and access to the RNK Communications Website are for YOUR sole use. YOU shall be responsible for the confidentiality of YOUR password. Loaning YOUR account, user name, or password to other persons is expressly prohibited.
- Violation of those terms shall constitute theft of RNK's service and property and may be prosecuted under civil and criminal law.
- Notices Pursuant to this Agreement.
- YOU agree to notify RNK if YOU move or otherwise change YOUR postal or e-mail address or phone number, and to list a truthful name, postal address, e- mail address, and telephone number on all forms YOU supply to RNK.
- YOU may notify RNK by regular first class mail or by e-mail at webmaster@RNKcom.com.
- Severability of Terms of this Agreement.
In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect.
- No Waiver of Provisions of this Agreement.
RNK's failure to insist upon or enforce strict performance of any provisions of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between YOU and RNK nor any trade practice shall act to modify any provision of this Agreement.
- Limitation of Actions Arising Under this Agreement.
All disputes arising under this Agreement shall be resolved subject to the Alternative Dispute Resolution provisions of this Agreement. Any cause of action or dispute YOU may have with respect to RNK's performance or alleged non-performance of this Agreement must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is forever barred. For purposes of the Alternative Dispute Resolution provisions of this Agreement, the commencement to which this paragraph refers is the date on which YOU notify RNK in writing of a dispute.
- Attorney's Fees and Costs in Litigation.
In any action between RNK and YOU to enforce any of the terms of this Agreement, RNK shall be entitled to recover expenses from YOU, including, but not limited to, reasonable attorney's fees.