Real Life Plus - Terms of Service
Effective August, 2010
Real Life Plus - Terms of Service for Your Personal Use
PLEASE READ THE TERMS OF SERVICE BELOW. THESE TERMS OF SERVICE, INCLUDING ANY REVISED AGREEMENTS THAT WE MAY POST FROM TIME TO TIME, STATE THE AGREEMENT ("AGREEMENT") UNDER WHICH REAL LIFE PLUS, INC. ("RLP") PROVIDES YOU WITH VARIOUS SERVICES, WHETHER ACCESSED FROM THE RLP WEB SITE (LOCATED AT WWW.REALIFEPLUS.COM) AND ANY OTHER RELATED OR SUCCESSOR SITES, OR THROUGH THIRD-PARTY WEB SITES (COLLECTIVELY, THE "SITE"). ALL SERVICES PROVIDED BY RLP ON THE SITE ARE COLLECTIVELY REFERRED TO AS THE "SERVICES". BY ACCESSING, BROWSING AND/OR USING OUR SITE AND/OR SERVICES, YOU ARE DEEMED TO ACCEPT THE TERMS OF SERVICE AND AGREE TO BE BOUND BY THIS AGREEMENT AND THE RLP PRIVACY POLICY (LOCATED AT HERE ). WITH RESPECT TO THE USE OF THE SITE. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT AND THE PRIVACY POLICY, YOU MAY NOT ACCESS, BROWSE OR USE THE SITE OR ANY SERVICES WE PROVIDE.
You may not use the Site or the Services and may not accept these terms if (a) you are not of legal age in your jurisdiction to form a legally binding contract with RLP or (b) you are not allowed to access the Site or receive the Services under the laws of the United States, your country of residence, the country in which you are located or are otherwise legally barred. RLP does not represent that the Site or Services will be available or appropriate outside the United States, and the Site and Services are not intended for use in or distribution within any jurisdiction in which such use or distribution would violate the law or would subject RLP to any registration requirement. Thus, if you choose to access the Site or Services from outside the United States, you agree that you are doing so on own initiative and are solely responsible for compliance with local laws, if and to the extent such local laws are applicable.
Notwithstanding the foregoing, you may use the Services if you are between thirteen (13) and eighteen (18) years in age and represent that (a) you are in fact older than thirteen (13) years in age and (b) your legal guardian has reviewed and agrees to this Agreement.
Ownership and Protection of Intellectual Property Rights
The contents of our Site, including but not limited to software, features and graphics (collectively, the "Content") are intended for the personal, noncommercial use of our users. All right, title and interest to the content displayed on our Site, including but not limited to the Site’s look and feel, data, information, text, graphics, images, sound or video materials, photographs, designs, trademarks, service marks, trade names, URLs, logos, game names, and content provided by third parties, are the property of RLP, or the respective third parties, and are protected by copyright, trademark, patent or other proprietary rights and laws, and may not be used without the express written permission of RLP or such respective third-party owner.
You agree that you acquire no ownership rights through your use of the Site or Services (including uploading and downloading material thereto and therefrom), or from your use or purchase of any RLP Currency or RLP Goods (as defined below).
Except as expressly authorized by RLP, you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, perform, display, license, decompile, reverse engineer, attempt to discover or create derivative works based on, the Site or the Services or any Content (including without limitation any software) available therefrom.
Changes to This Agreement
RLP may make changes to this Agreement from time to time in its sole discretion. Each time changes are made to this Agreement, a revised Agreement will be posted. Your continued use of our Site and/or the Services following the posting of changes constitutes your acceptance of any such changes, and you agree to check periodically for updates to this Agreement. You can review the most current version of this Agreement here. Please check this page from time to time for current terms of use.
Our Privacy Policy
The information that we obtain through your use of our Site, whether through the registration process or otherwise, is subject to our privacy policy ("Privacy Policy"). The Privacy Policy can be viewed on our Privacy Policy page. The Privacy Policy contains terms and conditions that govern our collection and use of the information you provide to us, including our respective rights relative to that information. Please review the applicable Privacy Policy before you use our Site. If you are unwilling to accept the terms and conditions of the Privacy Policy, please do not use our Site.
Other Policies
Your use of our Site is also subject to the other policies, disclaimers and guidelines we post on such Site from time to time, as well as the policies, disclaimers and guidelines established by any third-party sites through which or from which you access the Services. You agree to be bound by any game-, forum-, or application- specific rules stated within portions of the Site.
License Grant to Access Content on Our Site
You are hereby granted a personal, nonexclusive, nontransferable, revocable, limited license to use, view, reproduce, print, cache, store and distribute content retrieved from our Site (excluding source code and object code) via a generally available consumer web browser, for your personal (or household) non-commercial use by any machine(s) of which you are the primary user. You agree that you will not (and will not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Services or remove or obscure the copyright notice or other notices displayed on the content. You may not reproduce, print, cache, store or distribute content retrieved from the Site in any way, for any purpose without the prior written permission of RLP or the copyright holder identified in the relevant copyright notice.
Except as expressly provided in this Agreement, nothing contained in this Agreement or on the Site shall be construed as conferring any other license or right, expressly, by implication, by estoppel or otherwise, with respect to any of RLP’s content or under any third party’s content. Any rights not expressly granted herein are reserved.
Customer Service
Customer support is not offered for the Site or the Services.
Access to the Site and Services
You are solely responsible for obtaining Internet access to the Site and the equipment and software necessary to use and enjoy the Site and the Services, including payment of any Internet service provider fees and telecommunication charges.
Transactions/Transmissions/Storage/No Automated Querying
RLP does not have an established maximum number of transaction, transmissions, or level of storage used in connection with the Services. RLP reserves the right to set such limits, in its sole discretion, at any time.
You may not send automated queries of any sort to the Site without express advance written permission from RLP. Note that "sending automated queries" includes, among other things:
- using any software that sends queries to our sites to determine how a website or webpage "ranks" for various queries; and
- (except as may be the result of standard search engine or Internet browser usage) using or launching, developing or distributing any automated system, including, without limitation, any spider, robot (or "bot"), cheat utility, scraper or offline reader that accesses the Services; or using or launching any unauthorized script or other software.
Social Networks
In some cases, you may access the Services through social networking sites. Such Services may only be available to you if you are a registered member of the social networking site through which the Services are to be accessed and only if you are in compliance with such social networking site’s policies or terms of use. As to such social networking site, you agree to: (a) provide accurate, complete true and misleading information about yourself, and (b) update such information as necessary to keep it current, true and accurate. If you provide any information that is or is reasonably suspected by RLP to be inaccurate, not current, or untrue, RLP reserves the right to suspend or terminate your access to the Services. You agree and acknowledge that your account may be terminated after 180 days of inactivity.
If you access the Services from a social networking site, information collected from you is subject to such social networking site’s policy, and by using such services, you may be granting permission to share your email address and any other personally identifiable information with RLP. If you do not wish to be bound by this Agreement and the Privacy Policy, you may not access, browse or use the Site or any of the Services.
Links to, and Resources/Data from, Others
Part of the Site and the Services may include links to other websites or resources and information provided by others. Because RLP has no control over such sites, resources and data, you acknowledge and agree that RLP is not responsible for the availability of such external sites, resources or data, and does not endorse and is not responsible or liable for any content, resources, data, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that RLP shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any such content, resources, data, advertising, products, or other materials on or available from such sites or resources. Finally, you acknowledge that such external sites and third-party tools usually have their own terms and conditions, including privacy policies, over which RLP has no control and which will govern your rights and obligations with respect to the use of such.
Postings on Other Websites
In using the Site and Services, you may have a personal screen shot or avatar from your specific account (such as a graphic depicting your virtual identity) (such item, your "Image"). You are hereby granted a limited, revocable license to post your Image (a) within the Site and Services; (b) within any other sites or materials for which RLP provides you with express notice of permission so to post; (c) on your own, personal website; or (d) on a third party website if such website (i) permits such postings; (ii) does not criticize or injure, and is not commercially competitive to RLP; (iii) obtains no rights to such content other than a non-exclusive license to post it at your direction; or (iv) does not charge for access to such content or goods, services or advertisements associated therewith; and provided that such website complies with all applicable law and does not violate the privacy, intellectual property, or other legal rights of others, and does not publish, distribute or otherwise facilitate the transmission of objectionable material of any sort (including any profane, illicit, inappropriate, defamatory and obscene information) (any of (c) or (d) above, a "Permitted Site"). RLP expressly reserves all of its rights, including the right to revoke this limited license at any time, in whole or in part, without providing prior notice to you. If you do post your image to any Permitted Site, then you agree that you will (a) prominently display a link to the RLP site on such Permitted Site and (b) include, without modifying, RLP’s copyright, trademark or other proprietary rights notices on such sites (as such notices are made available by RLP on the Site). You agree that all goodwill arising in connection with your use of RLP's trademarks inures exclusively to RLP. You agree not to challenge RLP's ownership or control of any RLP trademarks, and you agree not to use or adopt any trademarks that might be confusingly similar to such RLP trademarks.
Your Contact with Advertisers or Third-Party Vendors
Your dealings with advertisers and third-party vendors found on or through the Site and the Services, including your participation in promotions, the purchase of goods, and any terms, conditions, warranties or representations associated with such activities, are solely between you and the third party. RLP does not make any representations or warranties with respect to any goods or web sites that may be obtained from such third parties, and you agree that RLP will have no liability for any loss or damage of any kind incurred as a result of any activities you undertake in connection with the use of or reliance on any content, goods, services, information or other materials available, or through such third parties, on our Site. You acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which RLP has no control and which will govern your rights and obligations with respect to the use of those Web sites.
Compliance with Laws / Restrictions in Use
You agree to comply with all applicable laws regarding your use of our Site and the Services including, without limitation, all applicable laws (as well as associated licenses and approvals) regarding the transmission of technical data exported from the United States or the country in which you reside.
You agree that you will not: (a) use the Site or the Services in any manner that harms us or our us or the parties with which we contract; (b) modify or reroute the Site or the Services, or attempt to do so; (c) overburden, harm, limit, or disable the Site or the Services, including associated networks, or otherwise impair anyone's use of the Site or the Services.
Passwords and Security
You should not provide your password(s) to anyone else and are responsible for maintaining the confidentiality of your password(s) used for the Services. Therefore, you agree that you are solely responsible for all usage and activities under your account.
Provision of User Content
As part of your use of the Site and Services, you may be invited to chat or to participate in online chats, forums, and other functionality, and you may be provided with the opportunity to create, publish, post, display, distribute, perform, transmit, or broadcast materials and content via the Services and Site, or to RLP (including, but not limited to, photos, graphics, video, music, text (including suggestions and personally identifiable information) and other material (collectively, "User Content"). RLP will treat any such material as non-proprietary and non-confidential.
You agree that your User Content is wholly original to you, and that you are the exclusive owner of the rights to your User Content (including the right to grant all of the rights and licenses set forth in this Agreement) without causing RLP to incur any third-party liabilities or obligations arising from RLP’s exercise of the rights to such User Content, as granted by you in this Agreement.
You hereby grant to RLP a perpetual, royalty-free, irrevocable, worldwide, non-exclusive, unrestricted, unconditional, unlimited, fully-paid right and license to display, reproduce, adapt, modify, translate, publish, transmit, publically perform, sublicense, distribute, host, use, sell, reformat, re-title, archive, store, cache, make derivative works of, or otherwise use or exploit in any manner whatsoever and for any purpose whatsoever, any or all of the User Content that you have provided, in any and all formats, through or on any and all media, software or other medium now or hereafter known; and using any devices or technology now or hereafter known or developed; and to promote, advertise and market same.
RLP has no obligation to monitor or enforce any intellectual property rights that may be associated with your User Content; but RLP reserves the right to enforce any such rights through any means RLP sees fit, including, but not limited to bringing and controlling legal action on your behalf.
RLP has no obligation to review, accept, display, monitor or keep posted any User Content. RLP reserves the right to delete, move, re-format, edit, alter, distort, remove or refuse to exploit User Content without notice to you and without liability any User Content from the Site and Services for any reason, at any time, and without notice and without incurring any liabilities therefrom. Notwithstanding the foregoing, RLP reserves the right to treat User Content as content stored at your direction, for which RLP will not exercise editorial control, except to enforce (a) the rights of third parties and (b) the limitations set forth below regarding Prohibited Content / Review of Content when violations of such limitations are brought to the attention of RLP. You acknowledge and agree that you do and will not rely on RLP to monitor or edit the Services or the Site, and that the Services and Site may contain content that you find offensive. You hereby waive any objections you might have with respect to viewing such content.
RLP does not endorse or control the content and information of User Content portions of the Site and Services, or external sites that may be linked to or from such forums or games. As a result, RLP specifically disclaims any responsibility with regard to such User Content and external sites.
Suggestions
Any feedback, comments, suggestions, submissions, bug reports, and ideas (collectively, "Suggestions") you disclose, submit or otherwise provide to RLP in connection with the Site and Services becomes the exclusive property of RLP, and you agree that RLP may disclose, exploit, sell and otherwise use Suggestions in any manner, without any restriction (except to the extent prohibited by law) and without providing any compensation to you.
Intellectual Property Violations
RLP takes intellectual property issues seriously and has a policy to response to notices of alleged infringement that comply with applicable international intellectual property law (including the U.S. Digital Millennium Copyright Act (the "DMCA")) and to terminating the accounts of repeat infringers. Our Infringement Policy is located HERE.
Please note: all notices and transmissions under such policy that are not relevant will not receive any response.
Prohibited Content / Review of Content
As a condition to your use of, and access to, the Site and Services, you agree to comply with the provisions of this Agreement, and to any application- or game-specific restrictions provided to you via the Services or Site. You agree that you will not use the Services to post or otherwise provide any prohibited content, meaning any content that: (i) is inappropriate or offensive (such as inappropriate photographs and promotion of violence or descriptions of how to perform violent acts); (ii) promotes racism, bigotry, hatred or physical harm of any kind; (iii) defames, libels, mocks, threatens, intimates, abuses, ridicules, disparages or harasses, or advocates harassment of, another person; (iv) involves the transmission of "junk mail," "chain letters," unsolicited mass mailing, or "spamming"; (v) is false, misleading or promotes, endorses or furthers illegal activities; (vi) promotes, copies, performs or distributes an illegal or unauthorized copy of another person's work that is protected by copyright, trademark, trade secret or other intellectual property law; (vii) is involved in the exploitation of minors, or solicits personal information from such persons; (viii) contains viruses, Trojan horses, worms, time bombs, cancel-bots, corrupted files or similar software; or which excessively uses capital letters or continuously posts repetitive text in such a way as to impair another user’s experience or to interfere with the operation of the Site and Services; (ix) includes profanity, or any obscene, incident, pornographic, sexual or otherwise objectionable content or language; (x) engages in any commercial activity, including but not limited to attempting to raise money, advertise for, or promote a person, product, service, website, multi-tiered marketing or pyramid scheme; or (xi) otherwise violates this Agreement, any of our use or conduct policies, or creates liability for RLP.
You agree that you and your activities related to the Site and the Services will not: (a) reveal any personal information about any other person (including but not limited to addresses, telephone numbers, email addresses, credit card numbers, or any other information that can be used to content, track, or attempt to impersonate such person; (b) attempt to mislead, defraud or trick RLP or its other users (including, but not limited to, creating automated user accounts or via false pretenses, attempting to learn passwords and other sensitive data, support false abuse or misconduct reports to RLP or otherwise make improper use of the organization’s support services); (c) tarnish, disparage or harm RLP, the Site or the Services (as is determined by RLP in its sole discretion); (d) copy or adapt the software found on the Site and the Services, (e) upload or transmit (or attempt to upload or transmit) any information collection mechanisms, whether active or passive in nature (including but not limited to web bugs, cookies, 1x1 pixels, and similar types of spyware); (f) cover or obscure any advertisement, banner or notice displayed on the Site and Services; (g) anonymize or disguise the source of your User Content or other information you provide, or use an anonymous Internet protocol (IP) address (e.g., an anonymous proxy server) to access the Site and Services; (h) circumvent or interfere with any security feature or limitation on your use of or access to the Services or Site; (i) sell all or any portion of the Site or the Services (including, but not limited to your user account and account access, virtual goods and virtual currency) in exchange for items of monetary value or actual currency; or (j) engage in cheating or any similar activity that is deemed by RLP, in its sole discretion, to violate the spirit or intent of the Site and Services.
RLP has the right (but not the obligation) to preview, review, screen, flag, filter, edit, refuse or remove any or all User Content either by itself, through third parties, or its community of users.
You may find some content, including User Content, on the Site and viewed through the Services to be offensive or objectionable, and you use the Site and the Services at your sole risk with respect to such.
Virtual Currency
As part of your use of the Site or the Services, you may, if you are a legal adult in your country of residence, have the option of purchasing amounts of a virtual currency solely through the Site and Services ("RLP Currency") such as points, cash or coins, in exchange for actual, "real-world" money ("Actual Currency"). Additionally, you may be able to purchase virtual, digital items solely through the Site and Services ("RLP Goods") in exchange for either RLP Currency or Actual Currency.
You agree and acknowledge that: (a) you have no right or title in or two any RLP Currency or RLP Goods other than a limited, revocable, personal, non-transferable, non-sublicenseable, license to use the RLP Goods and RLP Currency, or any attributes or items associated therewith; (b) RLP has the absolute right to manage, control, modify, and regulate the RLP Currency and RLP Goods, including eliminating the RLP Currency and RLP Goods, in its sole discretion, as it sees fit, and RLP shall have no liability to you or any other party arising out of its exercise of such right; (c) all sales of RLP Currency and RLP Goods are final, and no refunds will be given, except as determined in the sole and absolute discretion of RLP; (d) the transfer of RLP Currency and RLP Goods is strictly prohibited, except where such transfers are explicitly authorized by the Site and Services, and RLP Currency or RLP Goods can never be redeemed for Actual Currency or for other items of monetary value from RLP or any other party, and any attempt to do so is a violation of this Agreement and may subject you to legal action and/or a lifetime ban from the Site and the Services; and (e) all RLP Goods and RLP Currency shall be forfeited by you if (i) RLP discontinues to provide the Site or the Services; or (ii) if your account is terminated or suspended or any reason, in the sole and absolute discretion of RLP.
Modifications to the Services
RLP reserves the right at any time and from time to time to modify, suspend, discontinue or terminate the Services (or any part thereof) with or without notice. You agree that RLP will not be liable to you or to any third party for any modification, suspension, discontinuation or termination of the Services.
Termination of Your Access to the Services
You agree that RLP, in its sole discretion, may terminate your access to any of the Services for any reason, including, without limitation, for lack of use or if RLP believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. You agree that any termination of your access to the Services may be effected without prior notice, and acknowledge and agree that RLP may bar any further access to such files or the Services. If you use the Site in violation of this Agreement, RLP may, in its sole discretion, retain all data collected from your use of the Site. Further, you agree that RLP shall not be liable to you or to any third party for the discontinuation or termination of your access to the Services, or collection of information notwithstanding in the case of your violation of this Agreement, even if advised of a claim for damages.
You may cease using the Services at any time. You do not need to inform RLP if you cease using the Services.
Information Disclaimer and Disclaimer of Warranties
BY USING THE SITE AND THE SERVICES YOU UNDERSTAND AND AGREE THAT:
- THE SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. NO CONTENT ON OUR SITE IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE, WHETHER MEDICAL, FINANCIAL, LEGAL OR OTHERWISE. RLP AND THOSE POSTING OR OTHERWISE PROVIDING INFORMATION, SERVICES OR MATERIAL ON OUR SITE ARE NOT RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES OR OTHER MATERIAL ON OUR SITE.
- YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. RLP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.
- RLP MAKES NO REPRESENTATION OR WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, CURRENT OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE, TIMELY, USEFUL OR RELIABLE, OR THAT THE QUALITY OF ANY POSTINGS, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR NEEDS.
- ANY MATERIAL OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO COMPUTER SYSTEMS OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OUR SITE OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THEIR TERMS.
- RLP IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD RLP LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICES AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICES AND SUCH EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Indemnification
You agree to defend, indemnify and hold harmless RLP from and against all claims and expenses, including attorneys’ fees and costs, arising out of your use of the Services, and/or your breach (or alleged breach) of any term, condition, representation or warranty in this Agreement. You agree that the provisions of this section will survive any termination of your account(s) or the Services.
Limitation Of Liability
YOU UNDERSTAND AND AGREE THAT RLP IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM: (1) THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE SERVICES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, GOODS OR AND WEB SITE; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITE; (5) RELIANCE ON CONTENT OR POSTINGS ON OUR SITE; OR (6) ANY OTHER MATTER RELATING TO OUR SITE OR THE SERVICES. THESE LIMITATIONS WILL APPLY WHETHER OR NOT RLP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM AMOUNT PERMITTED BY LAW.
Trademark Notices
All trademarks and logos on the Site are the property of Real Life Plus, Inc., or their respective owners.
No Other Agreements Between Us / No Third-Party Beneficiaries
With the exception of our Privacy Policy, this Agreement constitutes the entire agreement between you and RLP for governing your use of our Site and the Services and supersedes any prior agreements between you and RLP for that purpose, including any membership agreements or other similar agreements applying to our Site or the Services.
This Agreement is only between you and us, and it not for the benefit of any other person (except for permitted successors and assigns under this Agreement).
Law Applicable to Interpretations and Disputes
This Agreement and the relationship between you and RLP are governed by the laws of the State of California without regard to its conflict of law provisions. You and RLP agree to irrevocably submit to the personal and exclusive jurisdiction of the courts located within the county of San Francisco, California. Notwithstanding the foregoing, RLP may seek equitable and injunctive relief in any jurisdiction.
Severability of This Agreement
If any provision of this Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in this Agreement shall continue in full force and effect.
Limitation of Actions Brought Against RLP
You agree that any claim or cause of action arising out of your use of our Site or this Agreement must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by RLP to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision.
Contact Information
If you have any questions or concerns with respect to this Agreement or our Site, you may contact a representative of RLP by email at info@realifeplus.com or by mail at:
Real Life Plus, Inc.
3 West 37th Ave. - Suite 21
San Mateo, CA 94403