This letsrev.com or other REV website (the “Service”) is an online information and communications service provided by REV or any of REV’s affiliated companies, hereinafter referred to as (“REV”), subject to your compliance with the terms and conditions set forth below including, all exhibits hereto, collectively referred to as “Agreement”. The Service and all of its content (“Content”), including all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein (“Intellectual Property”), are owned or controlled by REV, our licensors, and certain other third parties. All right, title, and interest in and to the Content and Intellectual Property available via the Service is the property of REV, our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other Intellectual Property and unfair competition rights and laws to the fullest extent possible. REV owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Service. Other marks which appear on this website may be marks of third parties that are not affiliated with REV. REV and its affiliates do not control or endorse the content of third-party websites. Please read this Legal Notice carefully before accessing or using the Service. By accessing or using the Service, you agree to be bound by the terms and conditions set forth below and any other REV terms and conditions posted online. If you do not wish to be bound by these terms and conditions, you may not access or use the Service. REV may modify this Legal Notice or other REV terms and conditions at any time, and such modifications shall be effective immediately upon posting of the modified Legal Notice or other REV terms and conditions. You agree to review the Legal Notice and other REV terms and conditions periodically to be aware of such modifications and your continued access or use of the Service shall be deemed your conclusive acceptance of the modified Legal Notice and other terms and conditions of Service. 1. Operating Policies. You agree to comply with all policies as specified herein including the Operating Policies set forth in Exhibit A or as specified in other REV online terms and conditions (as they may be amended by REV from time to time), which are the rules that govern your activity in connection with the Service. REV has the right, but not the obligation to remove any communications and materials that REV believes in its sole discretion violate the Operating Policies. 2. Copyright, Licenses and Idea Submissions. The entire contents of the Service are copyrighted under the Trademark names, and copyright are property of their respective owners. You may print and download portions of material from the different areas of the Service solely for your own non-commercial use. You may make: (a) one machine readable copy, (b) one backup copy, and (c) one print copy of any portions of material downloaded from the different areas of the Service solely for your non-commercial use. Any other copying, redistribution, retransmission or publication of any downloaded material is strictly prohibited without the express written consent of REV or any third-party information provider to the Service. You agree not to change or delete any proprietary notices from materials downloaded from the Service. You agree to grant to REV a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to public areas of the Service (such as bulletin boards, forums, social media, and newsgroups) by all means and in any media now known or hereafter developed. You also grant to REV the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against REV for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us. 3. Use of the Service. You understand that, except for information, products or services clearly identified as being supplied by REV, REV does not operate, control or endorse any information, products or services on the Internet in any way. Except for REV-identified information, products or services, all information, products and services offered through the Service or on the Internet generally are offered by third parties that are not affiliated with REV. You also understand that REV cannot and does not guarantee or warrant that files available for downloading through the Service will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Service for the reconstruction of any lost data. You assume total responsibility and risk for your use of the Service and the Internet. REV does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or noninfringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the Service, any merchandise, information or service provided through the Service or on the Internet generally, and REV shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Service or on the Internet generally. REV does not warrant that the Service will be uninterrupted or error-free or that defects in the Service will be corrected. The Service and any software made available on the Service are provided on an “as is, as available” basis. You understand further that the Internet contains unedited materials some of which are sexually explicit or may be offensive to you. You access such materials at your risk. REV has no control over and accepts no responsibility whatsoever for such materials. In no event will REV be liable for (I) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the Service, or any information, or transactions provided on the Service or downloaded or hyperlinked from the Service, even if REV or its authorized representatives have been advised of the possibility of such damages, or (II) any claim attributable to errors, omissions, or other inaccuracies in the Service and/or materials or information downloaded through, or hyperlinked from, the Service. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, REV’s liability is limited to the greatest extent permitted by law. 4. Indemnification. You agree to indemnify, defend and hold harmless REV, its officers, directors, employees, agents, licensors, suppliers and any third-party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorney’s fees, resulting from any violation of this Agreement by you. 5. Third Party Rights. The provisions of paragraphs 3 (Use of the Service), and 4 (Indemnification) are for the benefit of REV and its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf. 6. Children’s Privacy. Our websites are not directed at, or intended for use by children under the age of 13. We do not knowingly allow anyone under 18 to provide any personal information to our website. Children should always get permission from a parent or guardian before sending personal information over the Internet. If you believe your child may have provided us with personal information, you may contact us at (866)881-4REV (4738) and we will delete the information. You can find more information about protecting children’s privacy by contacting the Federal Trade Commission (FTC) or by viewing its website at http://www.ftc.gov. 7. Term and Termination. This Agreement may be terminated by either party without notice at any time for any reason; provided that you may no longer use the Service after you have terminated this Agreement. The provisions of paragraphs 2 (Copyright, Licenses and Idea Submissions), 3 (Use of the Service), 4 (Indemnification), 5 (Third Party Rights) and 8 (Miscellaneous) shall survive any termination of this Agreement. 8. Miscellaneous. This Agreement will be governed by Louisiana law. You agree that any legal action or proceeding between REV and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Louisiana. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. REV’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. REV may assign its rights and duties under this Agreement to any party at any time without notice to you.
Exhibit AOperating Policies Your participation in online communications occurs in real time and is not edited, censored, or otherwise controlled by REV. REV cannot and does not screen content provided by users of the Service. Notwithstanding the foregoing, REV reserves the right to monitor content on the Service and to remove content which REV, in its sole discretion, determines to be harmful, offensive, or otherwise in violation of these Operating Policies. In order to maintain an informative and valuable service that meets the needs of the users of the Service and avoids the harm that can result from disseminating statements that are false, malicious, violate the rights of others, or otherwise harmful, it is necessary to establish the following rules to protect against abuse:
- You may not post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person. You may not post or transmit any message, data, image or program which is indecent, obscene or pornographic.
- You may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
- You may not interfere with other users use of the Service.
- You may not post or transmit any file which contains viruses, worms, “Trojan horses” or any other contaminating or destructive features.
- You may not post or transmit any message which is harmful, threatening, abusive or hateful. It is not the Service’s intent to discourage you from taking controversial positions or expressing vigorously what may be unpopular views; however, REV reserves the right to take such action as it deems appropriate in cases where the Service is used to disseminate statements which are deeply and widely offensive and/or harmful.
- You may not use the facilities and capabilities of the Service to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others.