These Website User Terms and Conditions (the “Agreement”) govern your use and access to the following network of Web sites, which currently includes: www.realitybasedgroup.com,www.gamefilmconsultants.com, and www.realitybasedreports.com (collectively, the “Sites”, or individually, the “Site”). The term “Reality Based Group™, Inc.”, “us, “we”, or “our” refers to Mystery Shoppers, Inc., the owner of the Sites. The term “you” or “your” refers to the user or viewer of the Site. If the person using or viewing the Site is an individual working for another entity, such person is agreeing to the terms and conditions of this Agreement on behalf of the entity and certifies that he/she is an authorized agent of the entity and has all necessary authority to act on said entity’s behalf, including to bind the entity to the terms and conditions of this Agreement.
1. Your Rights.
Reality Based Group™, Inc. grants you a non-exclusive, non-transferable, limited right to access, use and display the Site and the materials provided hereon, provided that you comply fully with this Agreement. You agree not to interrupt, or attempt to interrupt, the operation of the Site or any part of it in any way.
2. Copyright and Trademarks.
All materials on the Sites, including without limitation text, images, audio and video clips, databases, and other Site services and products (collectively, the “Content”) are owned or controlled by Reality Based Group™, Inc. or the party credited as the provider of the Content. The respective owner retains all right, title, and interest in and to its Content. The Sites and Content are protected by the copyright and trademark laws of the United States and other countries, international conventions, and other applicable laws.
You may not download, display, reproduce, create derivative works from, transmit, sell, distribute, or in any way exploit the Sites or any portion thereof, for any public or commercial use without the prior written permission of Reality Based Group™, Inc..
You agree not to use any trademarks, service marks, names, logos, or other identifiers of Reality Based Group™, Inc. or its employees, licensors, independent contractors, providers and affiliates (collectively, “Affiliates”) without the prior written permission of Reality Based Group™, Inc. or the relevant Affiliate. In addition, you may not use our trademarks:
(a) in, as, or as part of, your own trademarks or those of any third parties;
(b) to identify products or services that are not those of Reality Based Group™, Inc.;
(c) in a manner likely to cause confusion; or
(d) in a manner that implies that Reality Based Group™, Inc. sponsors or endorses or is otherwise connected with your own activities, products, and services or those of third parties.
3. Your login and password.
To access a Site, you may be required to enter a login and password. This login and password is for your use only. You are solely responsible for maintaining the confidentiality of any password you use to access a Site and other products and features, and agree that Reality Based Group™, Inc. will have no obligations with regard thereto.
4. Information Provided.
You acknowledge that any reliance upon any advice, opinion, statement, or other information displayed or distributed through a Site is at your sole risk. Reality Based Group™, Inc. reserves the right, in its sole discretion and without notice, to correct any errors or omissions in any portion of the Site, or to deny access to a Site to anyone acting in violation of this Agreement at any time.
5. Links to Other Sites.
6. Age Restrictions.
You represent and warrant to Reality Based Group™, Inc. that you are at least eighteen (18) years old and that you possess the legal right and ability to enter into this Agreement and to use a Site in accordance with this Agreement.
You hereby agree to indemnify, defend and hold harmless Reality Based Group™, Inc. and its Affiliates from and against any and all liability and costs incurred by Reality Based Group™, Inc. or the Affiliates in connection with any claim arising out of any breach or alleged breach of any of your representations, warranties or obligations set forth in this Agreement. You shall cooperate as fully as reasonably required in the defense of any claim. Reality Based Group™, Inc. reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Reality Based Group™, Inc..
8. DISCLAIMER OF WARRANTY.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SITES (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, OR OTHER PRODUCTS OR SERVICES, MATERIALS AND INFORMATION MADE AVAILABLE THEREON OR ACCESSED BY MEANS THEREOF) ARE PROVIDED “AS IS” AND “AS AVAILABLE.” Reality Based Group™, Inc. DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE SITES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, Reality Based Group™, Inc. AND ITS AFFILIATES DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT THE PURPOSE HAS BEEN DISCLOSED), COMPATABILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT.
9. LIMITATION OF LIABILITY.
USE OF A SITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, COMMUNICATIONS, CONTENT, OR OTHER MATERIAL (INCLUDING WITHOUT LIMITATION SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF A SITE.
UNDER NO CIRCUMSTANCES SHALL Reality Based Group™, Inc. OR ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, OR ANY THIRD-PARTY PROVIDER OF TELECOMMUNICATIONS OR NETWORK SERVICES, SITE SOFTWARE OR SITE CONTENT FOR Reality Based Group™, Inc. OR ITS AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR PERSONAL INJURY AND/OR DEATH, LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO YOUR USE OF OR INABILITY TO USE A SITE, EVEN IF Reality Based Group™, Inc., ITS AFFILIATES, OR THEIR PROVIDERS OF TELECOMMUNICATIONS OR NETWORK SERVICES, CONTENT OR SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR ANY OTHER LEGAL OR EQUITABLE THEORY.
THE TOTAL LIABILITY OF Reality Based Group™, Inc. AND ITS AFFILIATES HEREUNDER IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU FOR ACCESS TO AND USE OF A SITE. YOU HEREBY RELEASE Reality Based Group™, Inc. AND ITS AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THESE KINDS OF DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
In addition to any other rights of the parties set forth herein, Reality Based Group™, Inc. may cancel or terminate this Agreement at any time. Reality Based Group™, Inc. also reserves the right to restrict, suspend or terminate your access to a Site in whole or in part, without notice, with respect to any breach or threatened breach by you of any portion of this Agreement. If Reality Based Group™, Inc. terminates this Agreement (and therefore your access to a Site) based on a breach of any portion of this Agreement, Reality Based Group™, Inc. reserves the right to refuse to provide access to a Site to you in the future.
(a) To the Agreement: Reality Based Group™, Inc. has the right to modify this Agreement and any policies affecting a Site. Any modification is effective immediately upon posting to a Site or distribution to you via electronic mail or conventional mail. Your continued use of a Site following notice of any modification to this Agreement shall be conclusively deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of Reality Based Group™, Inc. in providing a Site, including without limitation:
(i) any change in the Content, or
(ii) any change in the amount or type of fees associated with accessing a Site or products purchased through a Site,
is to cancel your subscription (if one is in place) or to stop using or viewing a Site.
(b) To the Site: Reality Based Group™, Inc. has the right to modify, suspend or discontinue a Site or any portion thereof at any time, including the availability of any area of a Site. Reality Based Group™, Inc. may also impose limits on certain features and services or restrict your access to parts or all of a Site without notice or liability.
This Agreement constitutes the entire agreement between you and Reality Based Group™, Inc. with respect to a Site, and supersedes all prior agreements between you and Reality Based Group™, Inc.. Failure by Reality Based Group™, Inc. to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right. Interpretation and enforcement of this Agreement shall be governed by the laws of the state of Texas. In the event that any portion of this Agreement is held 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.
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