Realscore LLC User Agreement
Welcome to Realscore.com!
This Agreement was last updated on October 4, 2020.
Note: This is a legally binding agreement. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR OTHERWISE USE THE SERVICES OR SITE.
You agree that by registering on Realscore.com, or by using this website, mobile or tablet applications, professional services, or purchasing Products, Reports, Consulting (including screenshots), or other information provided as part of the Realscore services (collectively the “Services”), you are entering into a legally binding agreement with Realscore LLC (“we,” “us,” “our,” or “Realscore”) based on the terms of this User Agreement and the Realscore Privacy Notice, which is hereby incorporated by reference (collectively referred to as the “Agreement”).
If you or a related or affiliated entity are using or licensing Realscore or purchasing Products or any Services either on a Reseller or Referral Program basis on behalf of a practice, company, or any other legal entity, you are individually bound by this Agreement even if your company has a separate agreement with us. If you do not want to register an account and become a Realscore User, do NOT click “I Agree” and do not access, view, download, print, order Products, or otherwise use any Realscore webpage, information, or Services. By clicking “I Agree,” you acknowledge that you have read and understood the terms and conditions of this Agreement, agree to be bound by all of its provisions and that it constitutes an electronic signature.
“Consulting” means any Service, online screen-sharing session on the site or conversation provided for the benefit of a customer or 3rd party that does not include a purchased Report or Licenses to use the Site. It includes any discussion of a previously purchased Report or the site.
“Intellectual Property” means all intellectual property rights including but not limited to any and all inventions, patents, copyrightable works, trade secrets, and confidential business information, trademarks, service marks, trade dress, logos, and trade names, Product and Product Report formats, screenshots of the site, all goodwill associated therewith, and rights to protection of interests therein under the laws of all jurisdictions.
“Licensed Content” means all information presented on or accessible through the Site, including by way of example and not limitation, Products, Reports, Site text, user manuals or documentation, graphics, maps, logos, icons, images, illustrations, auditory and visual elements, screenshots, scores, database content and information, and any arrangement and compilation of the foregoing, and any other materials pertaining to the Site, including Third Party IP, which are furnished by us to you, or that you access through the Site.
“License Fee” means the price paid to access the Site, create an account, and use the Services.
“Licensed Technology” means the Realscore software, object code, source code, algorithms, methodologies, processes, and other technologies accessed and executed by the Site, including Third Party IP, which includes any modified, updated, or enhanced versions of such programs or data that Realscore, or its Third Party Licensors, may provide to you pursuant to this Agreement or any separate maintenance and support agreement.
“Products” means any Realscore Report, license, Consulting service, or other service sold directly to a customer or as part of a contract for a Referral or Reseller program.
“Referral Program” means any contract where sales leads and other customers are referred to Realscore and upon the sale of a Product, Realscore pays a commission or referral fee.
“Product Fee” means the price paid for an individual report or consulting service.
“Report” means any Report provided to a customer as part of “Products” above.
“Reseller Program” means any contract where reports are purchased from Realscore and then resold to a customer of the purchaser.
“Service Marks” means the marks RealscoreTM, REALtoolsTM , REALratio, or any other marks so designated by us in conjunction with the Site.
“Site” means the website located at www.Realscore.com, including current and future subdomains used by us, such as store.Realscore.com & dental.Realscore.com, both secure and un-secure portions, and any web pages, including the Licensed Technology and Licensed Content, and the Intellectual Property included or associated with the Site.
“Third Party IP” means any computer software, technology, Intellectual Property, content, databases, information, or other material embedded in, used with, or provided by us to you including, without limitation, Health Care Data Solutions Practitioner database, ESRI demographic data and Google Maps or any other third party provider (“Third Party Licensors”) materials licensed to Realscore, including all accompanying documentation and user manuals.
“You” “Your” or “User” means you, an individual who has paid the applicable License Fee to access or use the Site, or you, an individual using the Site on behalf of a practice, company, or any other legal entity, or you, an individual who has purchased a report, product or service from Realscore.
2. License Grant, Authorized Use, Copying. In consideration of payment in full of the License Fee or Product Fee and subject to compliance with the terms of this Agreement, we grant you one revocable, non‑exclusive, non‑transferable, non-assignable, non-sublicensable limited license to (a) use and access the Site, including all Licensed Content, data and Reports, printed and online, in connection only with your internal business operations and analysis purposes, through a generally available web browser, mobile device or application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written-consent of Realscore), (b) view the Licensed Content and use the Services that we provide on Realscore webpages and Products and in accordance with this Agreement and (c) upon selecting a report to print, the site converts the reports into HTML and PDF format; at that time, the report may be printed and/or copied/pasted into other internal reports. Any other use of the Site contrary to our mission and purpose (such as using information gathered from the use of the Site commercially, unless expressly authorized by Realscore) is strictly prohibited and a violation of this Agreement. You are permitted to print (in paper form) or copy and paste electronically into other internal reports the Licensed Content solely for your internal business purposes and only if such copies are not further sold, shared, or used in any way other than to accomplish your internal business purpose. If you desire to sell or share Licensed Content externally, you must contact us for the appropriate User License or Enterprise License Agreement. We may monitor the number of reports run for reasonableness. You acknowledge and agree that the license and rights granted to the Site are provided to you alone and individually, as a user-based license, and shall in no way be interpreted as an enterprise or other multi-user license.
The entire content included in this site, including but not limited to text, graphics, or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Realscore. The collective work includes works that are licensed to Realscore. Copyright 2010-2020, Realscore LLC ALL RIGHTS RESERVED.
Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Realscore or purchasing or licensing Realscore Products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Realscore or to purchase or license Realscore Products. Any other use, including but not limited to the reproduction, distribution, display, or transmission of the content of this site is strictly prohibited unless authorized by Realscore. You further agree not to change or delete any proprietary notices from materials downloaded from the site or from any Product.
3. License Restrictions. You shall not, without written permission from Realscore: (a) grant sublicenses or otherwise assign, transfer, sell, resell, distribute, share, rent or exploit or make available to any third party the Site (including the Licensed Technology and Licensed Content); (b) permit any other person to use or access the Site; (c) modify or create derivative works based upon the Site including, without limitation, creating any derivative works based on Licensed Content accessible through the Site; (d) make or print paper copies of Licensed Content accessible through the Site; (e) create Internet “links” to “frame” or “mirror” Licensed Content on any other server, website, or wireless or Internet-based device or service, or email screen shots of the Site to any third party; (f) translate, reverse engineer or assemble, decompile or disassemble Licensed Technology used with or accessible through the Site; (g) use Licensed Content or Licensed Technology, in whole or in part, separate from the Site; (h) redistribute Licensed Content except with our prior express written consent; (i) build a competitive product or service or a product using similar scoring, reporting, ideas, features, functions, or graphics of the Site; or (j) copy any ideas, features, functions, algorithms or graphics from the Licensed Technology accessible through the Site.
4. Other Prohibited Activities. For clarity, the following activities are prohibited on the Site and constitute express violations of this Agreement:
- Submitting any purposely inaccurate information, committing fraud, or falsifying information in connection with your Realscore account;
- Submitting false information via Report a Data Discrepancy
- Falsely attempting to Claim a Practice that does not belong to you.
- Attempting to, or actually accessing data not intended for you, such as logging into a server or an account which you are not authorized to access;
- Attempting to scan, or test the security or configuration of the Site or to breach security or authentication measures without proper authorization;
- Tampering or interfering with the proper functioning of any part, page, or area of the Site and any and all functions and services provided by Realscore;
- Attempting to interfere with service to any user in any manner, including, without limitation, by means of submitting a virus to our Site, or attempts at overloading, “flooding”, “spamming”, “mailbombing” or “crashing” the Site;
- Reselling or repurposing your login access to the Site;
- Using the Site or any of its resources to solicit Users, merchants, or other business partners of Realscore to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with Realscore;
- Exceeding or attempting to exceed run credit limits when subscribing or otherwise using any Realscore account for resale, or for speculative, false, fraudulent, or any other purpose not expressly permitted by this Agreement and the terms of a specific offer on the Site;
- Accessing, monitoring, or copying any content or information from this Site using any robot, spider, scraper, or other automated means or any manual process for any purpose without our express written permission;
- Violating the restrictions in any robot exclusion headers on this Site or bypassing or circumventing other measures employed to prevent or limit access to this Site;
- Taking any action that places excessive demand on our Services, or imposes, or may impose an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion);
- Acting illegally or maliciously against the business interests or reputation of Realscore, our Merchants or our services; or
- Hyperlinking to the Site from any other website without our initial and ongoing consent.
- Scan and disseminate Reports for any purpose other than for internal use without Realscore permission.
- Using the Site to create Reports which compete with Realscore reports, services, or products.
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Realscore or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
5. Access to the Site. You shall be solely responsible for providing all hardware systems, devices, network connectivity, compatible Internet browser, and all other necessary software, connectivity, email, or equipment to facilitate your use of the Site, at your sole cost. You acknowledge that the minimum technical requirements for use of the Site may periodically change upon notice to you, and we shall not be liable or responsible for the cost any additional cost or fees you incur to utilize the Site as a result. You are responsible for maintaining the confidentiality of your username, password, and other sensitive information. You are responsible for all activities that occur in your user account and you agree to inform us immediately of any unauthorized use of your user account emailing or calling us on any of the means listed on https://realscore.com/contact/. We are not responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your user account, or otherwise. You understand and acknowledge that the Site requires the current version of Microsoft Silverlight to be installed on your computer as part of the operating system and that Realscore has no control whatsoever over this program and will not be held liable for any impact this program has on User’s computers or for future changes in their program outside of our control that affects Realscore functionality.
6. Information You Submit, Including Patient Information. It is your responsibility to keep your Realscore profile and practice management information accurate and updated. Because we do not control the security of the Internet or other networks you use to access the Site or communicate with us, we can’t be and are not responsible for, the security of information that you choose to communicate with Realscore and the Site while it is being transmitted. In addition, Realscore is not responsible for any data lost during transmission. We reserve the right to withhold, remove and or discard any content available as part of your account, with or without notice if deemed by us to be contrary to this Agreement. We have no obligation to store, maintain, or provide you a copy of any content that you or other Users provide when using the Services. You have the sole option to upload mapping and other information to the site for our use in running Realscore™ and REALtools™ reports.
7. Title, Ownership, and Proprietary Rights. We (or our Third Party Licensors) retain all right, title, and interest in and to the Site (including, without limitation, the Licensed Content and the Licensed Technology), and all Intellectual Property Rights in the Site. Nothing in this Agreement will be deemed to grant, by implication, estoppel or otherwise, a license under any of our existing or future patents. You are on notice that the Site is protected by copyright law, and you acknowledge that the Licensed Technology accessible through the Site and its structure, organization, algorithms, and source code constitute valuable trade secrets of, and shall remain confidential and proprietary to us. You will not remove, alter, or obscure any proprietary notices (including copyright notices) of ours on the Licensed Technology or Licensed Content or any printed reports. Nothing in this Agreement shall be interpreted as granting you a license to use the Service Marks or any Third Party Licensor’s trademarks, trade names, logos, service marks, or other identifying or marketing materials. All trademarks, service marks, and trade names of Realscore used in the site are trademarks or registered trademarks of Realscore
8. Payment of License or Report Fees.
- Subscription. Realscore™ and REALtools™ License Fees and subscriptions must be paid in advance on a monthly or otherwise agreed-upon basis. Monthly subscriptions automatically auto-renew each month until the term expires, or the User notifies Realscore to cancel the subscription. No pro-rata refunds are allowed.
- Unless approved by Realscore, a valid credit card is required for payment for the Services. Realscore may store your credit card information in compliance with accepted standards for safeguarding. Realscore may revise its subscription rates, run credit policy, or any other fees at any time, effective for any subsequent subscription.
- Upgrades/Downgrades (if applicable). If multiple subscription levels are available, Users can change subscription levels at any time. Payment by credit card is required at the time of upgrade. The subscription term starts over at the time of upgrade and replaces any remaining subscription period on the existing account. There are no upgrade refunds for pro-rated months (i.e., credits for partial service months).
- No Subscription/Product Refunds. If you terminate your account or stop using your account, which you may do at any time, with or without notice to us, no refunds for any remaining subscription period or pro-rated months will be provided. We are not liable for any loss resulting from subscription cancellation. In addition, once an order is placed, no refunds on Realscore Reports, Products, Consulting Services, or other Services will be provided.
- Credits. Realscore™ subscriptions may include Realscore and GPS location scoring run credits. Each run credit represents one location for which a Realscore or GPS score is obtained. The subscription allows for unlimited scoring, but the run credits may be used to monitor usage for reasonableness. Realscore, at its sole discretion, may limit the number of run credits or cancel the subscription if there are license violations or signs of misuse or abuse. There will be no refunds or credits allowed for any abuse of the account REALtools™. A subscription to Realscore™ comes with all features of a REALtools™ subscription for the term of the subscription. A subscription to REALtools™ may not always allow access to features of a Realscore subscription.
- Taxes. License and Subscription fees are exclusive of taxes or levies imposed by taxing authorities. You agree to pay all related sales or use taxes or levies imposed now, retroactively or in the future, and to reimburse us for all collection costs and interest for any overdue amounts or chargebacks imposed on your account. User will pay Realscore for the Services without any reduction for these amounts. If Realscore is obligated to collect or pay Taxes, the Taxes will be billed in addition to the subscription fee to User, unless User provides Realscore with a valid tax exemption certificate authorized by the appropriate taxing authority. If User is required by law to withhold any Taxes from its payments to Realscore, User must provide Realscore with an official tax receipt or other appropriate documentation to support this withholding.
9. Services. For as long as we continue to offer the Services, we seek to update, improve and expand the Services, therefore, we reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting at www.Realscore.com or notifying you otherwise. We may modify prices for all or part of the Services. All of these changes shall be effective upon their posting on our site or by direct communication. For purposes of service messages and notices about the Services to you, we may place a banner notice across its pages to alert you to certain changes such as modifications to this Agreement. Alternatively, notice may consist of an email from us to an email address associated with your account, even if we have other contact information. You also agree that we may communicate with you through your account or through other means including email, mobile number, telephone, or delivery services including the postal service about your account or our Services. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service. We have the authority to grant the rights in this Agreement, and, to our knowledge, the Site does not infringe any United States patent or copyright. We agree to provide an SSL (Secure Socket Layer) certificate to ensure data sent to our credit card processor is encrypted, but assume no liability whatsoever for any data breaches by any processor.
10. Unavailability of Site. Access to, or use of, the Site may be subject to limitations, interruptions, delays, and other problems inherent in the use of the Internet and electronic communications. Realscore does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. We are not responsible for any delays, delivery failures, or other damage resulting from such problems. You understand and acknowledge that due to circumstances both within and outside of our control Site access may be interrupted, suspended, or terminated. Realscore retains the right at our sole discretion to deny service, or access to the Site to anyone or any account, at any time and for any reason. We may schedule routine maintenance or upgrade times during which the Site may be inaccessible. We will use good faith efforts to schedule routine maintenance at times when it is least likely to disrupt your use of the Site.
Realscore is not liable due to internet provider disruptions which may cause delays in sending or receiving the Services.
11. DISCLAIMER OF WARRANTIES. EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT, THE SITE, INCLUDING THE LICENSED TECHNOLOGY, LICENSED CONTENT, AND THE THIRD PARTY IP, IS PROVIDED “AS IS”. NEITHER REALSCORE, ITS SUBSIDIARIES, AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS, CO-BRANDING PARTNERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, MAKE ANY WARRANTY AS TO (i) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE OR THE SERVICES, OR (ii) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICES PROVIDED THROUGH THIS SITE, AND EXPRESSLY DISCLAIM WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA OR NONINFRINGEMENT. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES WITH RESPECT TO THE SITE WHEN ENTERING INTO THIS AGREEMENT.
USE OF REALSCORE IS NOT A SUBSTITUTE FOR REAL ESTATE DUE DILIGENCE ON SPECIFIC PROPERTIES. YOU SHOULD CONSULT A LICENSED REAL ESTATE BROKER. REALSCORE ASSUMES NO LIABILITY FOR ANY CUSTOMER OR 3RD PARTY BUSINESS DECISIONS. REALSCORE HAS NO CONTROL OVER AND FULLY DISCLAIMS ALL LIABILITY FOR DATA PROVIDED THROUGH THIRD-PARTY PROVIDERS, NOR THE FREQUENCY AND RELIABILITY OF UPDATES. Data Providers use commercially reasonable efforts to provide data through partners, data standardization, hygiene, and matching processes. However, the accuracy or completeness of Data is subject to the limits of the data sources. REALSCORE DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.
12. LIMITATION OF REMEDIES AND LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL REALSCORE, ITS SUBSIDIARIES, AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS, CO-BRANDING PARTNERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS OR AGENTS BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES, INCLUDING BUSINESS DECISIONS, ANY LOST DATA OR LOST PROFITS. OUR TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS AGREEMENT AND THE SITE (INCLUDING THE THIRD PARTY IP) WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED THE AMOUNT OF PRODUCT OR LICENSE FEES YOU PAID TO US. IN NO EVENT WILL WE BE LIABLE FOR YOUR OR ANY 3RD PARTY CUSTOMER OR ANY RELATED PERSON OR ENTITY OF YOURS IN ANY RESPECT FOR SERVICES OR RESULTS OF DECISIONS MADE OR ACTIONS TAKEN BASED UPON USE OF THE SITE OR SERVICES. YOU ACKNOWLEDGE THAT THE PROVISIONS OF SECTIONS 11 AND 12 ARE A MATERIAL FACTOR IN OUR DETERMINATION OF THE LICENSE FEE AND THE COST OF THE SITE AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. IF YOU ARE DISSATISFIED OR HARMED BY REALSCORE OR ANYTHING RELATED TO REALSCORE, YOU MAY CLOSE YOUR REALSCORE ACCOUNT AND TERMINATE THIS AGREEMENT AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.
13. Indemnification. To the extent allowable by law, you or any 3rd party customer or any related person or entity of yours in any respect who becomes a user of the Services shall at all times during the term of this Agreement and thereafter, indemnify, defend and hold Realscore, its officers, directors, employees, agents, licensors, consultants, co-branding partners and suppliers harmless against all claims, proceedings, demands, loss, cost, damage, or expense, including legal expenses and reasonable attorneys’ fees, arising from any violation of these terms and conditions, from your breach of any of your obligations under this Agreement. or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
14. Termination. Realscore may restrict, suspend or terminate access to the Site and/or the account of any User who abuses or misuses the Services or fails to comply with the terms and conditions of this Agreement. Misuse of the Services includes using the Services commercially without Realscore’s authorization, infringing any intellectual property rights, or any other behavior that Realscore, in its sole discretion, deems contrary to its purpose. If you commit fraud or falsify information in connection with your use of the Site or in connection with your Realscore account, your account will be terminated immediately and we reserve the right to hold you liable for any and all damages that we suffer, to pursue legal action through relevant local and national law enforcement authorities and to notify your Internet Service Provider of any fraudulent activity we associate with you or your use of the Site.
15. Governing Law; Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio without giving effect to any choice or conflict of law provision. Any controversy or claim arising out of or relating to this Agreement shall be submitted to a court of competent jurisdiction in Franklin County, Ohio, and each party waives any and all challenges to jurisdiction and venue in that court.
16. Submissions. By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to us through our suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) we are not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) we are entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) we may have something similar to the Contributions already under consideration or in development; (e) you irrevocably assign to us all rights to your Contributions; and (f) you are not entitled to any compensation or reimbursement of any kind from Realscore under any circumstances.
17. Registration Information. You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to (a) comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures; (b) enforce this Agreement; (c) respond to claims of a violation of the rights of third parties, whether or not the third party is a User, individual, or government agency; (d) respond to User service inquiries; or (e) protect the rights, property, or personal safety of Realscore, our Users or the public.
18. Typographical Errors
In the event that a Realscore product is mistakenly listed at an incorrect price, Realscore reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Realscore reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Realscore shall issue a credit to your credit card account in the amount of the incorrect price.
Assignment. You may not assign this Agreement. You acknowledge and agree that we may assign this Agreement and our rights, duties, and obligations under this Agreement to an entity that will assume all operations relating to the licensing and support of the Site.
Waiver. No delay in enforcement or extension of time or failure to exercise any right hereunder will be deemed to be a waiver of any right by either party. No waiver of any earlier breach of this Agreement will be construed as a waiver of a later breach.
Entire Agreement. This Agreement contains the entire understanding between us regarding the subject matter of this Agreement and supersedes any prior discussions or agreements concerning such subject matter. We hereby object to and will not agree to any additional or conflicting terms contained in any of your past or future proposals, purchase orders, or other communications.
Force Majeure. We will not be liable for failure to deliver or delays caused by acts of God, labor difficulties, transportation difficulties, laws, government regulations or requests, acts of war or terrorism, riot, Internet disturbance, or any other cause beyond our control.
Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court finds the modified provision invalid, illegal, void or unenforceable, the validity, legality, and enforceability of the remaining provisions of this Agreement will not be affected in any way.
User’s Name. You agree that we may include User’s name or Brand Features in a list of our Users, whether online or in offline promotional materials. You also agree that we may verbally reference User as a User of the Realscore™ Services.
No Links, No Endorsement. We do not intend to endorse any third-party websites or materials provided or referenced by the Site. In an attempt to provide increased value to our visitors, Realscore may link to sites operated by third parties. Any links to third-party websites are for information only and we make no representations whatsoever about any linked site or the content therein. However, even if the third party is affiliated with Realscore, Realscore has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Realscore. These linked sites are only for your convenience and therefore you access them at your own risk. Additionally, we make no representations or warranties related to, or endorsement of, any Third Party IP, which may be incorporated in or used with the Site.
Nonetheless, Realscore seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site but for sites it links to as well (including if a specific link does not work).
If you have any questions or concerns regarding this agreement, please contact us at firstname.lastname@example.org.
90 Fern Hill Drive, Granville, Ohio, 43023