Terms of Service
(Updated March 31st, 2021)
1. THIS IS AN AGREEMENT BETWEEN YOU AND RCAGrading
This is an agreement ("Agreement") between you and RCAGrading. This Agreement governs your use of any Web site, Web page and/or Web service operated by RCAGrading. RCAGrading OFFERS THE RCAGrading WEB SERVICES TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE RCAGrading WEB SERVICES CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT.
2. HOW RCAGrading MAY MODIFY THIS AGREEMENT
RCAGrading reserves the right to change the terms, conditions, and notices under which it offers the RCAGrading Web Services, including any charges associated with the use of the RCAGrading Web Sites. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on any RCAGrading Web Service. Your continued use of the RCAGrading Web Services after the effective date of such changes constitutes your acceptance of/and agreement to such changes.
3. ADDITIONAL TERMS
Any RCAGrading Web Service may itself contain additional terms (for example, codes of conduct or guidelines) that further govern use of that RCAGrading Web Service, including without limitation, particular features or offers (for example, sweepstakes). If any terms contained in this Agreement conflict with any terms contained within a RCAGrading Web Service, then the terms in this Agreement shall control.
4. NO UNLAWFUL OR HARMFUL USE OF THE RCAGrading WEB SERVICES
You will not use the RCAGrading Web Services in any way that is unlawful, or harms RCAGrading, its affiliates, resellers, distributors, service providers and/or suppliers, as determined in RCAGrading's sole discretion. RCAGrading may tell you about certain specific harmful uses in a code of conduct or other notices available through a RCAGrading Web Service, but has no obligation to do so. You may not use the RCAGrading Web Services in any way that breaches any code of conduct, policy or other notice applicable to the RCAGrading Web Sites. Without limiting the generality of this section, you may not use the RCAGrading Web Services in any manner that could damage, disable, overburden, or impair any RCAGrading Web Service (or the network(s) connected to any RCAGrading Web Service) or interfere with any other party's use and enjoyment of the RCAGrading Web Services.
5. MATERIALS YOU POST OR PROVIDE; COMMUNICATIONS MONITORING; REPLICATION OF SERVICES
For materials you post or otherwise provide to RCAGrading related to the RCAGrading Web Services (a "Submission"), you grant RCAGrading permission to (1) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your Submission, each in connection with the RCAGrading Web Services, and (2) sublicense these rights, to the maximum extent permitted by applicable law. RCAGrading will not pay you for your Submission. RCAGrading may remove your Submission at any time. For each Submission, you represent that you have all rights necessary for you to make the grants in this section. To the maximum extent permitted by applicable law, RCAGrading may monitor your e-mail, or other electronic communications and may disclose such information in the event it has a good faith reason to believe it is necessary for purposes of ensuring your compliance with this Agreement, and protecting the rights, property, and interests of the RCAGrading Parties or any customer of a RCAGrading Party. At no time are you granted permission to replicate, modify and/or exploit RCAGrading Web Services, in part and/or whole without explicit written permission, which may include (but not limited to) harm and/or interruption of RCAGrading Web Services, chat bots that replicate existing RCAGrading Web Services features, and/or exploiting RCAGrading Web Services for malicious intent.
Your use of any software associated with the RCAGrading Web Services will be governed by the terms and conditions of the end user license agreement ("EULA") accompanying such software. If you receive any software that is not accompanied by a EULA, then RCAGrading grants to you a non-exclusive, revocable, personal, non-transferable license to use such software solely in connection with the RCAGrading Web Services and in accordance with this Agreement. RCAGrading reserves all rights to such software not expressly granted to you in this Agreement. Such software is protected by copyright and other intellectual property laws and treaties. RCAGrading or its suppliers own the title, copyright, and other intellectual property rights in such software, and such software is licensed, not sold. You will not disassemble, decompile, or reverse engineer, such software, except and only to the extent that such activity is expressly permitted by applicable law. RCAGrading may automatically check your version of such software and may automatically download upgrades to such software to your computer to update, enhance and further develop the RCAGrading Web Services.
7. THIRD-PARTY SITES, PRODUCTS AND SERVICES; LINKS
The RCAGrading Web Service may include links or references to other web sites or services solely as a convenience to Users ("Reference Sites"). RCAGrading does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. All trademarks and/or copyrights are the property of their respective owners. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the RCAGrading Web Service are solely between you and such advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.
8. RCAGrading MAKES NO WARRANTY
RCAGrading PROVIDES THE RCAGrading WEB SERVICES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE RCAGrading PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE RCAGrading PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE RCAGrading WEB SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ACKNOWLEDGE WE CAN/WILL TERMINATE YOUR ACCESS TO RCAGrading WEB SERVICE AND/OR RCAGrading WEB SERVICE ACCOUNT IF WE SHOULD SO DECIDE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH RCAGrading AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM RCAGrading.
You and RCAGrading agree to arbitrate any dispute arising from these Terms of Service or your use of the RCAGrading Services, except that you and RCAGrading are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and RCAGrading agree that you will notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to RCAGrading shall be sent to RCAGrading. You and RCAGrading further agree: to attempt informal resolution prior to any demand for arbitration; that any arbitration will occur in Texas; that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and that the state or federal courts in Texas have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by this Agreement and the laws of the State of Texas and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. Whether the dispute is heard in arbitration or in court, you and RCAGrading will not commence against the other a class action, class arbitration or other representative action or proceeding.
10. THIRD PARTY CONTENT
In addition to the User Content, RCAGrading may provide other third party content on the RCAGrading Services (collectively the "Third-Party Content"). RCAGrading does not control or endorse any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. Please be aware that we do not create Third Party Content, update, or monitor it. Therefore we are not responsible for any Third Party Content on the RCAGrading Services.
You are responsible for deciding if you want to access or use third party websites or applications that link from the RCAGrading Services ("Reference Sites"). RCAGrading does not control or endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites, and makes no representations or warranties of any kind regarding the Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the RCAGrading Services are solely between you and such advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.
11. IDEA SUBMISSION
By submitting ideas, suggestions, documents, and/or proposals ("Submissions") to RCAGrading or its employees, you acknowledge and agree that RCAGrading shall be entitled to use or disclose such Submissions for any purpose in any way without providing compensation or credit to you.
12. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY
IN NO EVENT WILL ANY RCAGrading PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE RCAGrading WEB SERVICES, EVEN IF SUCH RCAGrading PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION 8 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE RCAGrading WEB SERVICES, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY RCAGrading PARTY WITH RESPECT TO THIS AGREEMENT OR THE RCAGrading WEB SITES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE RCAGrading WEB SITES.
This RCAGrading Web Service agreement is subject to change.