Last updated: April 21, 2016
Certain of the Services may be subject to additional terms and conditions specified by Rhythm Dribble from time to time. Your use of such Services is subject to those additional terms and conditions, which are incorporated into this User Agreement by reference.
What Rhythm Dribble Does and Does Not Do
Rhythm Dribble is a digital platform that enables individuals seeking to improve their athletic skills (“Students”) to access Rhythm Dribble’s unique educational programs and connect with other Students and individuals holding themselves out as athletic educators (“Coaches”). In this User Agreement, Students, Coaches, and other parties accessing the Services – whether registered or not – are together referred to as “Users.”
The Services may contain profiles, e-mail systems, blogs, message boards, postings, chat areas, news groups, forums, communities and/or other message or communication facilities (“Public Areas”) that allow Users to communicate with other Users. You may only use such community areas to send and receive messages and material that are relevant and proper to the applicable forum. All submissions made to Public Areas will be public, and Rhythm Dribble will not be responsible for the action of other Users with respect to any information or materials posted in Public Areas.
Rhythm Dribble may, via the Services, make available guidelines (such as written descriptions, pictures, or videos) describing how to perform specific activities or exercises. You, however, assume sole responsibility for performing such activities or exercises with proper form, as the risk of injury increases if improper form is used. You are encouraged to seek multiple sources of information relating to proper performance of each activity or exercise, including consultation with qualified coaches, instructors, trainers, or physical therapists, especially if you are new to any particular activity or exercise.
User Responsibilities and License
Rhythm Dribble wants to provide an educational environment and communications forum that allows Users to have positive and productive interactions with Rhythm Dribble and with one another. To this end, you agree that in using and/or accessing the Services, you will not undertake any act or omission that could harm the property and/or interests of Rhythm Dribble, any User, or any third party. Without limiting the foregoing, you agree that you will not:
Violate or circumvent (a) any statute, ordinance, regulation, or policy ‒ including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising; (b) this User Agreement; or (c) Rhythm Dribble’s other policies;
Violate or interfere with any other person’s rights ‒ including, but not limited to, any copyright, patent, trademark, trade secret or other proprietary right, or rights of publicity or privacy;
Violate or interfere with our determinations regarding your account status;
Use the Services if you are temporarily or indefinitely suspended from using the Services;
Manipulate or interfere with any other User’s account or posted material;
Post, list, or otherwise upload content in inappropriate categories or areas on our sites;
Post, list, or otherwise upload content that is false, inaccurate, incomplete, misleading, defamatory, libelous, obscene, offensive, harmful to or exploitative of minors, or unlawfully harassing or threatening;
Imply or state that any statements you make are endorsed by Rhythm Dribble, without the prior written consent of Rhythm Dribble;
Take any action that might undermine Rhythm Dribble’s feedback and/or ratings systems;
Transfer or allow any third party to access to your Rhythm Dribble account and/or password without the prior written consent of Rhythm Dribble;
Use the Services to distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
Engage in the use of viruses, Trojan Horses, worms, time bombs, cancelbots or other functionalities that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information; or any other technologies that might harm Rhythm Dribble or the interests or property of any User;
Engage in the use of any robot, spider, scraper or other automated means of accessing our Services for any purpose;
Circumvent or interfere with any aspect of our Services, including our robot exclusion headers; or impose an unreasonable or disproportionately large load on our infrastructure;
Reproduce, reverse-engineer, modify, create derivative works from, distribute, commercialize, or publicly display any content associated with the Services ‒ including any material trademarked, copyrighted, or patented by Rhythm Dribble ‒ without the prior express written permission of Rhythm Dribble and/or any appropriate third party;
Harvest or otherwise collect information about Users, including Users’ e-mail addresses, without their consent.
Subject to your compliance with the terms and conditions of this User Agreement, Rhythm Dribble grants you a non-exclusive, non-sublicensable, revocable, non-transferable license to use the Services. The Services are for your personal and non-commercial use. The Services may not be reproduced, copied, duplicated, modified, sold, resold, distributed, visited, or otherwise exploited for any purpose not expressly allowed under the terms of this User Agreement, whether for a commercial or non-commercial purpose, without the prior written consent of Rhythm Dribble. In the event you breach any provision of this User Agreement, your rights under this section will immediately terminate.
Consequences for Misuse of the Services
To preserve the integrity of the Services and our business, and without limiting any other available remedy, Rhythm Dribble reserves the right to take “Corrective Action” at any time and for any or no reason. Such Corrective Action may entail, but is not limited to:
Alteration, limitation, suspension, or termination of any aspect of the Services, any User’s account, any special status associated a User’s account, and/or any User’s right and/or ability to interact with the Services;
Delayed posting or removal of content.
In deciding whether and how to impose Corrective Action, Rhythm Dribble may consider a User’s history and the specific circumstances associated with any given situation. In all events, Rhythm Dribble will have sole discretion in determining whether and how to impose Corrective Action, and no User will have any claim against Rhythm Dribble based on our decisions regarding Corrective Action.
If Rhythm Dribble terminates or suspends your ability to use the Services, you will not be entitled to any refund of any unused balance in your account.
In addition to taking Corrective Action, Rhythm Dribble reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Even after your right to use the Services is terminated or suspended, this User Agreement will remain enforceable against you.
Use of the Services
The Services provide Users with guidance and information relating to athletics and fitness, but THE SERVICES ARE NOT OFFERED BY A MEDICAL ORGANIZATION, AND YOU SHOULD NOT RELY ON THE SERVICES AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. YOU SHOULD CONSULT A PHYSICIAN BEFORE BEGINNING A NEW FITNESS OR NUTRITIONAL PROGRAM. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL. THE USE OF ANY INFORMATION OR PROGRAM PROVIDED VIA THE SERVICES IS SOLELY AT YOUR OWN RISK. YOU KNOWINGLY AND FREELY ASSUME ALL RISK WHEN USING THE SERVICES. YOU, ON BEHALF OF YOURSELF, YOUR PERSONAL REPRESENTATIVES AND HEIRS, HEREBY AGREE TO RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFEND, AND INDEMNIFY RHYTHM DRIBBLE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, REPRESENTATIVES, SUBLICENSEES, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL CLAIMS, ACTIONS, OR LOSSES FOR BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, OR OTHER DAMAGES OR HARM, WHETHER TO YOU OR TO THIRD PARTIES, THAT MAY RESULT FROM YOUR USE OF THE SERVICES.
The Services are intended for use only by individuals healthy enough to participate in strenuous exercise. In using the Services, you affirm that a physician has specifically approved your use of the Services, OR you certify that the following statements are true of you: you understand that you should discontinue exercise in the event you experience pain or severe discomfort, and should consult a medical professional before returning to exercise in such event. You should not use the Services without the prior approval of your physician if:
A physician has ever informed you that you have a heart condition or that you should only participate in physical activity after obtaining physician approval;
You have felt chest pain when engaging in physical activity;
You have lost your balance due to dizziness;
You have a bone, joint, or other medical condition that could be made worse by a change in your physical activity regimen;
You are taking medication for blood pressure or heart-related issues;
You have a history of high blood pressure, high cholesterol, diabetes, arthritis, or obesity;
You are pregnant, nursing, or lactating;
You know of any other reason why you should not engage in physical exercise.
You understand and agree that Rhythm Dribble is not responsible for any content generated and/or listed, posted, or otherwise uploaded by a User.
If you choose to post, list, or otherwise upload content using the Services, you grant Rhythm Dribble a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise any and all copyright, publicity, personality, trademark, database, and/or intellectual property rights you have in the content, in any media known now or hereafter devised. Further, to the fullest extent permitted under applicable law, you waive any moral rights you may have in the content and promise not to assert such rights against us, our sub-licensees, or our assignees.
You represent and warrant that none of the following infringe any intellectual property or other right of any party:
Your provision of content to us;
Your posting of content using the Services;
Our use of such content (including of works derived from it) in connection with the Services.
Any content that any User lists, posts, or otherwise uploads in connection with the Services, including reviews and opinions regarding other Users, are solely attributable to the User who originated the content and are not verified by Rhythm Dribble. Each User should undertake research necessary to satisfy that User about another User’s credentials.
We reserve the right to access, read, preserve, and disclose any information as we may reasonably believe to be necessary to satisfy any applicable law, regulation, or government request; enforce this User Agreement; detect, prevent, or otherwise address fraud, security, or technical issues; respond to User support requests; or protect the rights, property, or safety of any person or entity.
Rhythm Dribble may, from time to time, provide certain promotional, sweepstakes, challenges, and contest opportunities to Users. All such promotions will be run at the sole discretion of Rhythm Dribble, and can be activated, modified or removed at any time by Rhythm Dribble without advance notification and the liability of any of Rhythm Dribble´s partners pursuant to such promotional opportunities, sweepstakes and contests shall be limited pursuant to the No Liability section above.
The fees associated with the Services are listed on our Fees Page. We may alter our fees from time to time, and will post any changes on the Fees Page. Rhythm Dribble will make every effort to advise Users of changes in fees 14 days in advance of their taking effect.
In order to use certain of the Services, you must designate and provide information about your preferred payment method, and pay all applicable fees and taxes associated with the Services as such amounts come due. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. Such mechanisms may include, but are not limited to, charging other payment methods on file with us, retaining collection agencies and legal counsel, reporting information about your account to credit agencies, and ‒ for accounts more than 180 days past due ‒ deducting the amount owed from your PayPal account balance in accordance with published policies. In addition, you may be subject to late fees and any costs we incur to collect the outstanding fees.
The Services may not be used to solicit for any other business, website or service. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to the Services facilitated through Rhythm Dribble.
Worker Classification and Withholdings
You assume all liability for proper classification of workers as independent contractors or employees based on applicable legal guidelines.
You do not have authority to enter into contracts on behalf of Rhythm Dribble. You acknowledge that Rhythm Dribble does not, in any way, supervise, direct, or control any Coach´s work or Challenges posted by any Coach in any manner. Rhythm Dribble does not set a Coach´s work hours or location of work. Rhythm Dribble will not provide any User with training or any equipment, labor or materials needed for use in connection with the Services.
The Services are not an employment service and Rhythm Dribble does not serve as an employer of any User. As such, Rhythm Dribble will not be liable for any tax or withholding ‒ including, but not limited to, unemployment insurance, employer´s liability, social security or payroll withholding tax in connection with any User.
You agree to indemnify, hold harmless and defend Rhythm Dribble from any and all claims that a User was misclassified as an independent contractor or employee, any liabilities arising from a determination by a court, arbitrator, government agency or other body that a User was misclassified as an independent contractor or employee (including, but not limited to, taxes, penalties, interest, and attorney´s fees), any claim that Rhythm Dribble was an employer or joint employer of a User, as well as claims under any employment-related laws, regulations, or rules.
You will be responsible for all taxes associated with any activity you undertake with regard to the Services.
ANY FEES THAT RHYTHM DRIBBLE MAY CHARGE YOU IN CONNECTION WITH THE SERVICES ARE DUE IMMEDIATELY AND ARE NOT REFUNDABLE. This policy applies at all times regardless of any termination or disruption of your use of the Services ‒ whether planned, accidental, intentional, or for any reason whatsoever. Pricing is determined by Rhythm Dribble in its sole discretion and is subject to change at any time. Please note that the pricing listed on Rhythm Dribble’s Fees Page may not accurately reflect the most up-to-date pricing schedules. For information about pricing, please contact CoachD@RhythmDribble.com.
You also understand that if you access the Services from your mobile device, transmission of data between your device and the Services may result in your incurring certain costs relating to your mobile carrier, which costs you will have to bear. In no event will Rhythm Dribble be responsible for any cost associated with your mobile carrier.
Intellectual Property Rights
All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively “Proprietary Material”) that Users see or read through the Services are owned by Rhythm Dribble, excluding user-generated content that Rhythm Dribble has the right to use. Proprietary Material is protected in all forms, media, and technologies now known or hereinafter devised. Rhythm Dribble owns all Proprietary Material, and reserves the rights to coordination, selection, arrangement and enhancement of such Proprietary Materials as a Collective Work under the United States Copyright Act. The Proprietary Material is protected by the domestic and international laws of copyright and patents, as well as other proprietary rights and laws. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the Services without Rhythm Dribble´s express prior written consent and any applicable third party.
The service marks and trademarks of Rhythm Dribble, including without limitation “Rhythm Dribble” and the Rhythm Dribble logos are service marks owned by Rhythm Dribble. Any other trademarks, service marks, logos and/or trade names appearing via the Services are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.
Notice for Claims of Intellectual Property Violations and Copyright Infringement Pursuant to Section 512(c) of Title 17 of the United States Code
It is Rhythm Dribble’s policy to respond to clear notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (“DMCA”). This policy describes the information that should be present in these notices.
Rhythm Dribble expects that all Users will comply with applicable copyright laws. However, if Rhythm Dribble receives appropriate notice of claimed copyright infringement, we will work to remove or disable access to the material in question and take other appropriate action.
If Rhythm Dribble removes or disables access to material in response to an infringement notice, we will make a good-faith attempt to contact the party that posted the material at issue so that such party may take its own action under Sections 512(g)(2) and (3) of the DMCA. Rhythm Dribble may also document any notice of alleged infringement.
Rhythm Dribble’s Designated Agent to receive notification of alleged infringement under the DMCA is:
Rhythm Dribble, Inc.
When Rhythm Dribble receives a proper notice of alleged infringement, we will take action as outlined in this policy and in the DMCA.
If you believe that your intellectual property rights have been violated in connection with content associated with the Services, please provide Rhythm Dribble’s Registered Agent with the following information, preferably by e-mail:
Identification of the copyrighted material associated with the rights you believe have been infringed;
Identification of the material associated with Rhythm Dribble’s Services that you believe infringes on your intellectual property rights;
Your contact information, including an address, telephone number, and e-mail address at which you can be contacted;
These statements: "I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law" and "I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed";
A signature of the owner or a person authorized to act on behalf of the owner of an intellectual property right that is allegedly infringed.
IMPORTANT: you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that material is infringing your copyrights. If you are uncertain about whether content associated with the Services interferes with your intellectual property rights, we strongly suggest that you contact an attorney before communicating with us about such matters.
Pursuant to Section 512(i)(1)(a) of the DMCA, Rhythm Dribble will, when necessary, disable and/or delete the accounts of repeat infringers.
Authorization to Contact You
You agree that we may contact you in the manner described above at the telephone numbers we have in our records for these purposes:
Reasons relating to your account or your use of our Services;
As authorized by applicable law;
Marketing, promotional, or other reasons that you have either previously consented to or that you may be asked to consent to in the future (if you do not wish to receive such communications, you can opt-out in the communications preference section of your My Dashboard).
You agree that we may share your telephone numbers with service providers with whom we have contracted to assist us in pursuing our rights or performing our obligations under the User Agreement, our policies, or any other agreement we may have with you. These service providers may also contact you using autodialed or prerecorded messages calls and/or SMS or other text messages, only as authorized by us to carry out the purposes we have identified above, and not for their own purposes.
In connection with your use of the Services, you are required to complete a registration profile and create a Rhythm Dribble account. You represent and warrant that the information you provide to Rhythm Dribble in connection with your registration and otherwise will be current, complete, and accurate, and that you will update that information as necessary to maintain its completeness and accuracy.
You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any password and account number provided by you or Rhythm Dribble for accessing the Services. You are solely and fully responsible for all activities that occur under your password or account, and you may be held liable for any losses suffered by Rhythm Dribble as a result of a third party’s use of your password or account. Rhythm Dribble has no control over the use of any User´s account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you agree to contact Rhythm Dribble immediately.
Links to Other Web Sites
Links (such as hyperlinks) from the Services to other sites on the Internet do not constitute the endorsement by Rhythm Dribble of those sites or their content. Such links are provided as an information service, for reference and convenience only. Rhythm Dribble does not control any such sites, and is not responsible for their content. The existence of links on the Services to such websites does not mean that Rhythm Dribble endorses any of the material on such websites, or has any association with their operators. It is your responsibility to evaluate the content and usefulness of the information obtained from other sites.
Third Party Service Providers
As part of the functionality of the Services, you may link your account with online accounts you may have with third party service providers (each such account, a Third Party Account). You represent that you are entitled to disclose your Third Party Account login information to Rhythm Dribble and/or grant Rhythm Dribble access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Rhythm Dribble to pay any fees or making Rhythm Dribble subject to any usage limitations imposed by such third party service providers. By granting Rhythm Dribble access to any Third Party Accounts, you understand that (i) Rhythm Dribble may access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account (the “Stored Content”) so that it is available on and through the Services via your account, including without limitation any friend lists, and (ii) Rhythm Dribble may submit and receive additional information to your Third Party Account to the extent you are notified when you link your account with the Third Party Account. Unless otherwise specified in this User Agreement, all Stored Content, if any, shall be considered to be user-generated content for all purposes of this User Agreement.
Please note that if a Third Party Account or associated service becomes unavailable or Rhythm Dribble´s access to such Third Party Account is terminated by the third party service provider, then Stored Content may no longer be available on and through the Services. You will have the ability to disable the connection between your account on the Services and your Third Party Accounts at any time. Rhythm Dribble makes no effort to review any Stored Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and Rhythm Dribble is not responsible for any Stored Content. Rhythm Dribble is not responsible for any errors by any third party service provider.
Limitation of Liability
By accessing Rhythm Dribble’s Services, you understand and agree that you use the Services at your own risk. In using the Services and interacting with other Users, you should use caution and common sense to protect your personal safety and property, just as you would when interacting with other persons you do not know.
While we may provide pricing, educational content, and other guidance as part of our Services, such guidance is solely informational and you alone must decide whether to follow it.
You understand and agree that Rhythm Dribble does not have control over and makes no warranty, guarantee, or other representation with regard to:
The performance, suitability, quality, timing, or legality of any Drill posted by any Coach;
The quality, timing, content, truth, or accuracy of any ratings or other information provided by Users;
Any other act or omission of a User or other third party done in connection with the Services.
Rhythm Dribble may substantively alter functions and elements of the Services, deactivate the Services in whole or in part, or introduce new functions at any time in its sole and absolute discretion.
FOR THESE REASONS, YOU UNDERSTAND AND AGREE THAT NEITHER RHYTHM DRIBBLE NOR ITS AFFILIATES AND SUBSIDIARIES, AND OUR AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, ATTORNEYS, INDEPENDENT CONTRACTORS, PROVIDERS, SUBSIDIARIES (COLLECTIVELY, “AFFILIATES”) ARE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES. TO THE DEGREE PERMITTED UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT RHYTHM DRIBBLE AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY CLAIM, INJURY, OR DAMAGE INCURRED BY YOU ARISING IN CONNECTION WITH YOUR OR ANY OTHER USER’S INTERACTION WITH THE SERVICES.
Notwithstanding the foregoing, if we are found to be liable for any claim injury or damage, our liability to you or to any third party is limited to the greater of (a) the amount of fees in dispute, not to exceed the total fees you paid to us in the 12 months prior to the action giving rise to the liability, or (b) $100.00.
YOU AGREE THAT YOU ARE MAKING USE OF OUR SERVICESS AT YOUR OWN RISK, AND THAT THEY ARE BEING PROVIDED TO YOU ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. RHYTHM DRIBBLE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE SERVICES OR THE CONTENT OF ANY SITES LINKED TO THE SERVICES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN.
RHYTHM DRIBBLE DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCTS OR SERVICES ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND RHYTHM DRIBBLE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, OTHER THAN AS PROVIDED HEREIN. AS WITH THE PURCHASE OF A PRODUCT OR SERVICES THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
WITHOUT LIMITING THE FOREGOING, NEITHER RHYTHM DRIBBLE NOR ITS AFFILIATES WARRANT THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR THAT THE SERVICES WILL BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF ANY REQUEST/TASK OR SERVICES, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE SERVICES.
NEITHER RHYTHM DRIBBLE NOR ITS AFFILIATES WARRANT THAT THE SERVICES ARE FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS.
RHYTHM DRIBBLE AND ITS AFFILIATES CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
You hereby agree to indemnify, defend, and hold harmless Rhythm Dribble and our Affiliates from any and all claims, loss, or liability, including reasonable attorneys’ fees and costs incurred, made by any third party due to or arising out of your breach this User Agreement, your use or inability to use Rhythm Dribble´s Services, or your breach of any law or the rights of any third party.
Rhythm Dribble reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of Rhythm Dribble.
This User Agreement, transactions occurring under it, and the relationships created by it, will be construed and interpreted in accordance with the laws of the State of Maryland, without regard to its conflict of laws principles or to the conflict of laws provisions of the United Nations Convention on Contracts for the International Sale of Goods. You agree that any claim or dispute that has arisen or may arise between you and Rhythm Dribble must be resolved exclusively by a state or federal court located in Baltimore, Maryland. You and Rhythm Dribble agree to submit to the personal jurisdiction of the courts located within Baltimore, Maryland for the purpose of litigating all such claims or disputes. All parties waive any objection to the laying of venue for any suit, action, or proceeding in such courts. The substantially prevailing party in any action will be entitled to recover its costs and attorneys’ fees.
YOU AND RHYTHM DRIBBLE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
Termination by a User
You may terminate this User Agreement at any time by ceasing all use of the Services. All sections which by their nature should survive the termination of this User Agreement shall continue in full force and effect subsequent to and notwithstanding the termination of this User Agreement.
No agency, partnership, joint venture, employer-employee, or franchiser-franchisee relationship is intended or created by this User Agreement.
Failure by Rhythm Dribble to enforce any provision(s) of this User Agreement will not be construed as a waiver of any provision or right. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.
This User Agreement constitutes the entire agreement between you and Rhythm Dribble with respect to its subject matter. If any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.
Any notice to Users contemplated by this User Agreement may be accomplished by electronic mail.
In our sole discretion, we may assign this User Agreement. This User Agreement will inure to the benefit of Rhythm Dribble, its successors and assigns.
Headings are for reference purposes only and do not limit the scope or extent of any section of this User Agreement.
If any future changes to this User Agreement are unacceptable to you or cause you to no longer be in compliance with this User Agreement, you must terminate, and immediately stop using, the Services. Your continued use of the Services following any revision to this User Agreement constitutes your complete and irrevocable acceptance of any and all such changes
The policies posted on our sites may also be changed from time to time. Changes take effect when we post them.
THIS USER AGREEMENT INCLUDES (1) YOUR AGREEMENT THAT THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY, (2) YOUR AGREEMENT THAT RHYTHM DRIBBLE HAS LIMITED LIABILITY REGARDING THE SERVICES, (3) YOUR CONSENT TO RELEASE RHYTHM DRIBBLE FROM LIABILITY BASED ON CLAIMS BETWEEN USERS, (4) YOUR AGREEMENT TO INDEMNIFY RHYTHM DRIBBLE FROM CLAIMS DUE TO YOUR USE OF OR INABILITY TO USE THE SERVICES, AND (5) YOUR CONSENT THAT NO CLAIMS CAN BE ADJUDICATED ON A CLASS BASIS.