Rohe Levy Financial and Insurance Services, Inc. RETAIL LICENSE AGREEMENT
These Terms of Service apply to our, website, products and services (“Services”), by using our Services, you are agreeing to these terms (“Terms”). Please read them carefully.
Using Our Services
You must follow any policies made available to you within the Services.
Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.
Privacy and Copyright Protection
By using our Services, you agree that Rohe Levy Financial and Insurance Services, Inc. can use personal data in accordance with our privacy policies. Our Services display some content that is not Rohe Levy Financial and Insurance Services, Inc.’s. That content is the sole responsibility of the entity or businesses that makes it available.
Our Services are available on mobile devices and tablets. It is your obligation to use our Services in a safe manner.
Your Content in Our Services
Our Services allow you to upload, submit, store, send, or receive content. You retain ownership of any intellectual property rights that you hold in that content. When you upload, submit, store, send, or receive content to or through our Services, you give Rohe Levy Financial and Insurance Services, Inc. a worldwide license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display, and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services. This license continues even if you stop using our Services.
Accepting the Terms
In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms. You accept the Terms by:
- clicking to accept or agree to the Terms, where this option is made available to you in the user interface for any Service; or
- by actually using the Services. In this case, you understand and agree that Rohe Levy Financial and Insurance Services, Inc. will treat your use of the Services as acceptance of the Terms from that point onwards.
The Software which you use may automatically download and install updates from time to time from Rohe Levy Financial and Insurance Services, Inc. These updates are designed to improve, enhance, and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules, and completely new versions. You agree to receive such updates (and permit Rohe Levy Financial and Insurance Services, Inc. to deliver these to you) as part of your use of the Services.
Binding Arbitration and Class Action Waiver
This Section applies to any dispute except it does not include a dispute relating to the enforcement or validity of your or Rohe Levy Financial and Insurance Services, Inc.’s intellectual property rights. Dispute means any dispute, action, or other controversy between you and Rohe Levy Financial and Insurance Services, Inc. concerning the software (including its price) or this agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.
Notice of Dispute. In the event of a dispute, you or Rohe Levy Financial and Insurance Services, Inc. must give the other a Notice of Dispute, which is a written statement of the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute by U.S. Mail to Rohe Levy Financial and Insurance Services, Inc. Systems, Attn: Arbitration. Rohe Levy Financial and Insurance Services, Inc. will send any Notice of Dispute to you via e-mail by to the address you initially provided. You and Rohe Levy Financial and Insurance Services, Inc. will attempt to resolve any dispute through informal negotiation within 60 days from the date the Notice of Dispute is sent. After 60 days, you or Rohe Levy Financial and Insurance Services, Inc. may commence arbitration.
Binding Arbitration. If you and Rohe Levy Financial and Insurance Services, Inc. do not resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act. Any court with jurisdiction over the parties may enforce the arbitrator’s award.
Class Action Waiver. Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor Rohe Levy Financial and Insurance Services, Inc. will seek to have any dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
Arbitration Procedure, Costs, Fees and Incentives. Any arbitration will be conducted by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and in many cases its Supplementary Procedures for Consumer-Related Disputes. In a dispute involving $5,000 or less, Rohe Levy Financial and Insurance Services, Inc. will promptly reimburse your filing fees and pay the AAA’s and arbitrator’s fees. You agree to commence arbitration only in San Diego County, California.
Severability. If the class action waiver above is found to be illegal or unenforceable as to all or some parts of a dispute, then the arbitration provisions above will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of this Agreement is found to be illegal or unenforceable, that provision will be severed with the remainder will remain in full force and effect.
Choice of Law
The laws of the state California govern all claims and disputes under this agreement, including breach of contact claims and claims under state consumer protection laws, unfair competition laws, implied warranty laws for unjust enrichment, and in tort. This agreement describes certain legal rights. You may have other rights, including consumer rights, under the laws of your state or country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change those other rights if the laws of your state or country do not permit it to do so.
Ending your Relationship with Rohe Levy Financial and Insurance Services, Inc.
The Terms will continue to apply until terminated by either you or Rohe Levy Financial and Insurance Services, Inc. as set out below.
Rohe Levy Financial and Insurance Services, Inc. may at any time, terminate its legal agreement with you if:
- you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to, comply with the provisions of the Terms);
- Rohe Levy Financial and Insurance Services, Inc. is required to do so by law;
- any partner with whom Rohe Levy Financial and Insurance Services, Inc. offered the Services to you has terminated its relationship with Rohe Levy Financial and Insurance Services, Inc. or ceased to offer the Services to you;
- Rohe Levy Financial and Insurance Services, Inc. is transitioning or no longer providing the Services to users; or
- the provision of the Services to you by Rohe Levy Financial and Insurance Services, Inc. is, in Rohe Levy Financial and Insurance Services, Inc.’s opinion, no longer commercially viable.
When these Terms come to an end, all of the legal rights, obligations, and liabilities that you and Rohe Levy Financial and Insurance Services, Inc. have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force), or which are expressed to continue indefinitely, shall be unaffected by this cessation.
Exclusion of Warranties
Nothing in these terms shall exclude or limit Rohe Levy Financial and Insurance Services, Inc.’s warranty or liability for losses which may not be lawfully excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of certain warranties or conditions, or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract, or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.
You expressly understand and agree that your use of the services is at your sole risk and that the services are provided “as is” and “as available.” In particular, Rohe Levy Financial and Insurance Services, Inc., its subsidiaries and affiliates, and its licensors do not represent or warrant to you that:
- your use of the services will meet your requirements;
- your use of the services will be uninterrupted, timely, secure, or free from error;
- any information obtained by you as a result of your use of the services will be accurate or reliable; and
- that defects in the operation or functionality of any software provided to you as part of the services will be corrected.
Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk, and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from Rohe Levy Financial and Insurance Services, Inc. or through or from the services shall create any warranty not expressly stated in the terms.
Rohe Levy Financial and Insurance Services, Inc. further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement.
Limitation of Liability
Subject to overall provisions of this agreement you expressly understand and agree that Rohe Levy Financial and Insurance Services, Inc., its subsidiaries and affiliates, and its licensors shall not be liable to you for:
- any direct, indirect, incidental, special, consequential, or exemplary damages which may be incurred by you, however caused, and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss;
- any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of:
- any reliance placed by you on the completeness, accuracy, or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the services;
- any changes which Rohe Levy Financial and Insurance Services, Inc. may make to the services, or for any permanent or temporary cessation in the provision of the services (or any features within the services);
- the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the services;
- your failure to provide Rohe Levy Financial and Insurance Services, Inc. with accurate account information; and
- your failure to keep your password or account details secure and confidential.
The limitations on Rohe Levy Financial and Insurance Services, Inc.’s liability to you shall apply whether or not Rohe Levy Financial and Insurance Services, Inc. has been advised of or should have been aware of the possibility of any such losses arising.
Changes to the Terms
Rohe Levy Financial and Insurance Services, Inc. may make changes to Terms from time to time. You understand and agree that if you use the Services after the date on which the Terms have changed, Rohe Levy Financial and Insurance Services, Inc. will treat your use as acceptance of the updated Terms.