Last Updated: January21st, 2025
These Terms of Service (“Terms” or “Terms of Service”) are entered into by and between you (“Customer” “you” or “your”), and RevRise Media, LLC (“RevRise,” “we,” “our” or “us”), and these Terms of Service govern your use of our websites that directly link to these Terms (“Site”) and our Platform made available through the Site (the “Platform”). The Platform and the Site shall be collectively referred to as the “Services” herein.
READ THESE TERMS CAREFULLY, AS THEY CONTAIN TERMS AND CONDITIONS THAT IMPACT YOUR RIGHTS, OBLIGATIONS AND REMEDIES IN CONNECTION WITH YOUR USE OF THE SERVICES INCLUDING A CLASS ACTION WAIVER UNDER SECTION 15 BELOW AND AN AGREEMENT TO ARBITRATE FOR ANY DISPUTE RESOLUTION UNDER SECTION 14 BELOW.
BY ACCESSING OR USING THE SERVICES, CREATING AN ACCOUNT, OR BY CLICKING TO ACCEPT OR AGREE TO THESE TERMS WHEN THE OPTION IS MADE AVAILABLE TO YOU, YOU REPRESENT AND WARRANT THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH US AND HAVE THE AUTHORITY TO DO SO EITHER ON YOUR OWN BEHALF OR ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY AND THAT YOU HAVE READ AND UNDERSTAND, AND ACCEPT AND AGREE TO COMPLY WITH AND BE LEGALLY BOUND BY, THESE TERMS IN FULL. IF YOU DO NOT AGREE TO THE TERMS, OR IF YOU OTHERWISE DO NOT MEET THE FOREGOING REQUIREMENTS IN ANY WAY, YOU MAY NOT USE THE SERVICES.
The Site is an informational website, providing information about us, our Platform, and our and Providers’ (as defined below) products and services. Our Site also provides access to our Platform, a web application, intended for insurance agents, insurance companies, lead aggregators and other similar parties (each a “Provider”). Through the Platform, Providers may purchase information related to potential consumers who have applied through the Site to receive insurance or other quotations from such Provider (each, a “Leads”). Each Provider will have their own Account (as defined in Section 3.6.1 below) to the Platform, and may authorize access of its Account only to its designated users as allowed by the Platform and RevRise (“Authorized User(s)”).
We reserve the right, in our sole discretion, to make changes or modifications to these Terms for the Services to reflect changes in applicable laws and regulatory requirements relating to the use of Services, or to implement technical adjustments and improvements, or to respond to market requirements. All changes are effective immediately when we post them unless we expressly specify otherwise. In any event, no changes will apply retroactively as to any claims existing prior to the “last updated” date. It is your responsibility to regularly check these Terms to stay informed of updates, as they are binding. We will indicate that the Terms have been updated by updating the “last updated” date at the top of these Terms. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes.
3.1 Site Access Rights. Subject to your and your Authorized Users’ compliance with these Terms, RevRise grants you a limited, revocable, non-exclusive, non-transferable, non-assignable and non-sublicensable right to access and use the Site for your own personal or internal business use only, and not for resale or third-party distribution. In order to use the Site, you must have internet access, otherwise you will not be able to use some or all of the Site. RevRise reserves the right, in its sole discretion, to modify or discontinue offering the Site, or to impose limits on your use of the Site, or any features, functionality or tools thereof, including the Platform, in whole or in part, at any time, for any reason or no reason, with or without notice to you. You agree that RevRise has no obligation to provide any updates or to continue to provide or enable any particular Site features, functionality, tools, or content, including the Platform, and, to the maximum extent permitted by applicable law, will not be liable with respect to any such modifications, discontinuance, or deletions. The Site is controlled and operated within the United States and is not intended for use outside of the United States.
3.2 Platform Access Rights. Subject to your and your Authorized Users’ compliance with these Terms, you and are hereby granted a non-exclusive, non-transferrable, non-assignable, non-sublicensable, right to access and use the Platform in accordance with these Terms (“Limited Use Right”). RevRise shall have sole and complete control of, and reserves the right at any time to make any changes to the configuration, appearance, content functionality, and scope of the Platform. The Platform is controlled and operated within the United States and is not intended for use outside of the United States.
3.3 Rights to Leads. When you purchase Leads through our Platform, you are obtaining a license with respect to such Lead information for your own internal business use. You may not sell, share, or distribute any Lead information to any third party other than any Authorized User without the express written consent of RevRise. Your rights to use Lead information shall not survive any termination or expiration of this Agreement.
3.4 Services Use Prohibitions. As an express condition of your use of the Services, you represent and warrant to us that you shall not use the Services for any unlawful purpose or purpose prohibited by these Terms or the laws or regulations in the jurisdiction in which you live or reside or where you may engage in any activity with the Services. WITHOUT LIMITING THE FOREGOING, you agree not to use the Services for any of the following purposes:
(i) Distribute, publicly perform, or publicly display Leads or any RevRise Material (as defined below);
(ii) Violate any law, regulation, or governmental policy in any applicable jurisdiction, including, without limitation, pay for, support, or otherwise engage in any illegal activities;
(iii) Share, lease, rent, use, or otherwise provide access to the Platform to or on behalf of any third party that is not an Authorized User;
(iv) Infringe upon, misappropriate, or violate intellectual property rights or any other rights of any person or entity (including, without limitation, RevRise);
(v) Behave in a harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable manner;
(vi) Violate the security of any computer network, or crack any password or security encryption code;
(vii) Impersonate or attempt to impersonate another individual or entity, including, without limitation, any RevRise employee or agent, or another user of the Services;
(viii) Infringe, in any way, on the rights of others or engage in behavior or activity that is threatening, harmful, discriminatory, or fraudulent;
(ix) Access, copy or store any of the Services source code or a significant portion of our content;
(x) Decompile, reverse engineer, or otherwise attempt to obtain source code or underlying ideas or information of or in connection with the Services;
(xi) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services or any server, computer, or database connected to the Services;
(xii) Circumvent, remove, alter, deactivate, degrade, or thwart any technological measure or content protections of the Services;
(xiii) Attack our RevRise’s information technology systems (or those providing information technology systems of RevRise’s behalf) via a denial-of-service attack or distributed denial-of-service attack or otherwise;
(xiv) Use any device, software, bot, or routine that interferes with the proper working of the Services;
(xv) Damage, overburden, disable, or impair the RevRise’s ability to provide the Services to users; or
(xvi) Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful to RevRise, the Services, or any users of the Services.
If you become aware of or suspect unauthorized use of Services, please contact us at legal@revrise.com.
We may, in our sole discretion, take any necessary or desirable actions and/or exercise any of our rights and remedies any time and for any reason without notice in the event you breach these Terms. Any violation of any of the above representations and warranties, including, without limitation, use of the Services in breach of these Terms, may subject you to civil liability, criminal prosecution, and termination of your rights to use the Services.
3.5 Customer Data. The Platform may allow you or your Authorized Users to upload certain information, data, and other content, in any form or medium, related to you or your customers (“Customer Data”). You hereby grant us (i) a non-exclusive, royalty-free, worldwide license to reproduce, distribute, and otherwise use and display your Customer Data and perform all acts with respect to your Customer Data as may be necessary for us or our service providers to provide the Services, and (ii) a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to reproduce, distribute, modify, and otherwise use and display your Customer Data as incorporated within data and information related to your use of the Services that is used by us in an aggregate and anonymized manner (“Aggregated Statistics”) for any purpose whatsoever, including without limitation to compile statistical and performance information related to the provision and operation of the Service, and/or to provide, maintain, develop, and improve our Services.
3.6 Customer Obligations.
3.6.1 Accounts. To access the Platform or some of the resources it offers, you may be asked to provide certain registration details or other information to create an account (“Account”). It is a condition of your use of the Platform that all the Account information you provide to us through the Site and Platform is correct, current, and complete. It is your responsibility to update any Account information when it becomes out-of-date. Any personal data processed by us with respect to your Account will be done so in accordance with our privacy policy found at www.revrisemedia.com/privacy-policy. You agree that your access credentials with respect to your Account, must be treated as confidential information, and you must not disclose Account access credentials to any other person or entity, except with respect to any Authorized User. You are responsible for any third party’s use of your Account, including any Authorized User.
3.6.2 Marketing Use Obligations. You acknowledge and agree that you are independently responsible for complying fully with all applicable provisions of the Telephone Consumer Protection Act, (47 U.S.C. § 227) and its implementing regulations, and all related or similar state or federal laws, including but not limited to, applicable statutes, rules, or regulations (collectively “Marketing Obligations”). Compliance includes, but is not limited to (i) not using Lead information in a manner that exceeds the scope of consent without receiving additional express consent where legally required; (ii) maintaining and keeping up-to-date an internal do-not-call registry; (iii) not calling or texting any individual on the internal do-not-call registry or national do-not-call registry without first obtaining such individual’s express written consent; (iv) not calling or texting during any prohibited hours; (v) providing legally appropriate methods to opt-out of receiving future calls or texts. If you use an automated telephone dialing system or artificial or prerecorded voice recordings when contacting any Leads, you assume any additional responsibility as necessary for you to comply with all Marketing Obligations. RevRise makes no representations or warranties regarding the proper level of consent obtained from Leads nor any representations or warranties around your compliance with any Marketing Obligations.
3.7 Authorized Users. You agree that you are responsible and will remain liable for your Authorized Users compliance with these Terms. Any violation of these terms by an Authorized User will be deemed a violation by you.
3.8 Suspension. Notwithstanding anything to the contrary, RevRise shall have the right to suspend the Services without liability (i) in the event you or any Authorized User breaches these Terms; or (ii) in the event of non-payment of Fees when due.
Certain functionality of the Service may incorporate, use, or otherwise depend on services offered by third parties for certain functionalities, as well as provide links to or otherwise incorporate websites, content, resources, or goods/services offerings provided by third parties (collectively, “Third-Party Service(s)”). If any event were to disrupt any functionality dependent on a Third-Party Service, the Service may similarly experience a disruption, and we shall not be responsible or liable for any such disruption. Links to Third-Party Services are provided for your convenience only. We have no control over the contents of Third-Party Services, and we accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access or use any of the Third-Party Services, you do so subject to the terms and conditions of the applicable Third-Party Services provider.
5.1 Terms of Sale. Purchases made through the Service are subject to these sales terms and conditions. You agree you shall pay all invoiced amounts due to RevRise (“Fees”) in US dollars at the time of check-out or as otherwise indicated.
5.2 Billing. We use a Third-Party Services provider to process payments from you for any charges incurred in connection with your Account(s) on the Service. The processing of payments will be subject to the terms, conditions, and privacy policies of the Third-Party Services payment processor in addition to these Terms. Currently, we use Stripe as our Third-Party Services payment processor. You can access Stripe's Terms of Service at https://stripe.com/legal/consumer and their Privacy Policy at https://stripe.com/privacy. By choosing to make a purchase on the Service, you agree to pay, through the Third-Party Services payment processor or as otherwise authorized by us, all charges at the prices then in effect, and where applicable, you authorize us, through the Third-Party Services payment processor, to charge your chosen payment provider.
5.3 Pricing. All prices, discounts, and promotions posted through the Services are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation. Price increases will only apply to orders placed after such changes. Notwithstanding the foregoing, if a price for Fees is mistakenly listed, RevRise reserves the right to correct such mistake and cancel any orders for Leads purchased using the improperly listed Fees.
5.4 Taxes. You are responsible for paying all sales, use, value-added, and other taxes, duties, and assessments now or hereafter claimed or imposed by any governmental authority that are associated with your any purchases made in connection with the Services, including any Lead purchases.
6.1 Services and Leads. You acknowledge and agree that we (or, as applicable, our licensors) own all right, title, and interest in and to all elements of the Services, including, without limitation, all graphics, design, systems, methods, information, computer code, software, services, “look and feel”, organization, compilation of the content, code, data, and all other elements of the Services, any communications or materials that you or your Authorized Users may choose to provide to RevRise regarding suggestions, recommended changes, comments, questions, new features or functionality, or other feedback related to the Service (“Feedback”), Leads, and the Aggregated Statistics (collectively, the “RevRise Materials”). The RevRise Materials are protected by copyright, trade dress, trademark, patent laws, and other relevant intellectual property and proprietary rights and applicable laws. Except with respect to the Limited Use Right, your use of the Services or any purchase or your purchase from the Services, does not grant you or any third party any intellectual property rights or other right, title or interest in or to the RevRise Materials, whether expressly, by implication, estoppel, reliance or otherwise, all of which are specifically excluded and disclaimed, and we reserve all rights not expressly granted to you under these Terms. You hereby assign to RevRise, on your behalf and on behalf of your Authorized Users, all right, title, and interest in any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever and without any requirement of attribution or compensation to any party. You will cooperate (and ensure all of its Authorized Users cooperate) in executing any future documents that may be needed to effectuate the foregoing assignment of Feedback to RevRise.
6.2 Customer Data. You will remain the sole and exclusive owner of all right, title, and interest in and to all Customer Data.
Each party agrees that each are responsible for their own respective compliance with any applicable data privacy and cybersecurity laws. Without limiting the foregoing, each party agrees to implement and maintain adequate security measures as appropriate under applicable laws .
Support is available for the Services solely in accordance with our standard support service practices as they may exist from time to time. We retain the right to change the availability of support and all other conditions applicable to support at any time in our sole and absolute discretion. We will use commercially reasonable efforts in accordance therewith to install updates and bug fixes for the Platform from time to time during scheduled maintenance periods and during other maintenance periods designated by us.
9.1 Mutual Representations and Warranties. Each party represents and warrants to the other party that:
(i) it has the full right, power, and authority to enter into and perform its obligations and grant the rights, licenses, consents, and authorizations it grants or is required to grant under this Agreement;
(ii) the execution of this Agreement by its representative whose signature is set forth at the end of this Agreement has been duly authorized by all necessary corporate or organizational action of such party; and
(iii) when executed and delivered by both parties, this Agreement will constitute the legal, valid, and binding obligation of such party, enforceable against such party in accordance with its terms.
9.2 Additional Customer Representations, Warranties, and Covenants. You represents, warrants, and covenants to RevRise that:
(i) you own or otherwise have and will have the necessary rights and consents in and relating to the Customer Data so that, as received by RevRise and processed in accordance with these Terms, they do not and will not infringe, misappropriate, or otherwise violate any rights of any third party, including any privacy rights, or violate any applicable laws;
(ii) you will implement and maintain so long as these Terms are active, appropriate internal policies and procedures to comply with applicable laws, including any and all Marketing Obligations;
(iii) you will not use or share Leads in any manner beyond the scope of the license for which Leads were provided to you or any Authorized User; and
(iv) you will implement and maintain a privacy policy that makes all necessary disclosures as required under applicable law.
YOUR ACCESS TO AND USE OF THE SERVICES, AND ANY LEADS PURCHASED THROUGH OUR PLATFORM, IS AT YOUR OWN RISK. THE SERVICES, AND ANY LEADS PURCHASED THROUGH OUR PLATFORM, ARE IN EACH CASE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT ANY REPRESENTATION OR WARRANTY OR CONDITION OF ANY KIND. TO THE FULLEST EXTENT PROVIDED BY LAW, REVRISE DISCLAIMS ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION (i) THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, AND NON-INFRINGEMENT, (ii) THOSE ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, (iii) THAT THE ACCESS TO OR USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR WILL BE COMPATIBLE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (iv) THAT THE SERVICE WILL BE FREE OF HARMFUL COMPONENTS; AND (v) IN RELATION TO THE CONTENT OF ANY THIRD-PARTY SERVICES LINKED TO OR INTEGRATED WITH THE SERVICES. REVRISE DOES NOT MAKE AND HEREBY DISCLAIMS ANY REPRESENTATIONS OR GUARANTEES REGARDING UPTIME OR AVAILABILITY OF THE SERVICES.
REVRISE MAKES NO WARRANTY OF ANY KIND THAT SERVICES, OR ANY LEADS PROVIDED FROM THE USE THEREOF, WILL MEET YOUR OR ANY OTHER PERSON’S REQUIREMENTS OR ACHIEVE ANY INTENDED RESULT. AS BETWEEN THE PARTIES, YOU AND YOUR AUTHORIZED USERS ARE SOLELY RESPONSIBLE FOR YOUR OWN COMPLIANCE WITH LAWS IN THE ORDINARY COURSE OF YOUR BUSINESS OPERATIONS (INCLUDING WITHOUT LIMITATION BY DETERMINING, OBTAINING AND MAINTAINING ANY CONSENTS, LICENSES, PERMITS OR OTHER REGULATORY APPROVALS IN CONNECTION THEREWITH) AND FOR MONITORING YOUR OWN HARDWARE, SOFTWARE AND OTHER EQUIPMENT IN CONNECTION THEREWITH. THE SERVICES ARE NOT INTENDED TO AND DO NOT REPLACE THE NEED FOR YOU TO MAINTAIN REGULAR DATA BACKUPS OR REDUNDANT DATA ARCHIVES WITH RESPECT TO YOUR CUSTOMER DATA. WE HAVE NO OBLIGATION TO MAINTAIN SUCH REGULAR DATA BACKUPS OR REDUNDANT DATA ARCHIVES AND HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, ALTERATION, DESTRUCTION, DAMAGE, CORRUPTION, OR RECOVERY OF CUSTOMER DATA.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, YOU AGREE AS FOLLOWS:
(a) IN NO EVENT WILL REVRISE, ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND ITS LICENSORS (COLLECTIVELY, “REVRISE PARTIES”) BE LIABLE FOR (i) ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES OR LIABILITIES WHATSOEVER, OR (ii) ANY DAMAGES FOR LOSS OF ANY DATA, INFORMATION, REVENUE, PROFITS OR OTHER BUSINESSES OR FINANCIAL BENEFITS, IN ANY CASE WHETHER UNDER CONTRACT, TORT, NEGLIGENCE, STATUTE, STRICT LIABILITY OR OTHER THEORY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR CONNECTED WITH ACCESS OR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE FOLLOWING: (I) ANY UNAUTHORIZED USE OF THE SERVICES; (II) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT ARE FOUND IN THE SERVICES (REGARDLESS OF THE SOURCE OF ORIGINATION); (iii) ANY INJURY OR DAMAGE TO COMPUTER EQUIPMENT; (iv) YOUR VIOLATION OF ANY APPLICABLE LAW, INCLUDING ANY MARKETING OBLIGATIONS; OR (v) THEFT, TAMPERING, OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, DATA OR CONTENT OF ANY KIND; AND
(b) IN NO EVENT SHALL REVRISE’S AGGREGATE LIABILITY TO YOU, AUTHORIZED USERS, OR ANY OTHER PERSON OR ENTITY FOR DAMAGES OR LIABILITIES OF ANY KIND, UNDER ANY LEGAL THEORY, EXCEED THE TOTAL AMOUNTS ACTUALLY PAID OR PAYABLE BY YOU TO REVRISE UNDER THESE TERMS IN THE THREE (3) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE APPLICABLE CLAIM.
CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSIVE OR LIMITATION OF CERTAIN DAMAGES AS SET FORTH IN THIS SECTION, SO THESE LIMITATIONS AND EXCLUSIONS APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless the RevRise Parties from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney’s fees and legal costs) of any kind or nature relating to third party claims arising out of (i) any actual or alleged breach of these Terms by you or any Authorized User or anyone using an Account of yours or any of your Authorized Users, (ii) your Customer Data, (iii) your use of any Leads obtained from the Services, and (iv) your violations of any Marketing Obligations or other applicable telemarketing laws. If we assume the defense of such a matter, you shall reasonably cooperate with us in such defense.
13.1 Term. This Agreement shall remain in effect until you stop using the Services or we otherwise terminate your use of the Services in accordance with these Terms.
13.2 Termination. RevRise may terminate this Agreement, effective on written notice to you, if you: (i) fail to pay any amount when due hereunder, and such failure continues more than fifteen (15) days after RevRise’s delivery of written notice thereof; or (ii) breach any of your obligations under this Agreement; provided however, in the case of a breach other than payment, to the extent such breach is capable of being cured, you shall have fifteen (15) days from the date of notice to cure such breach, after which, if the breach has not been cured, these Terms shall automatically terminate.
13.3 Effect of Termination. Upon any expiration or termination of this Agreement, except as expressly otherwise provided in this Agreement all rights, licenses, consents, and authorizations granted by either party to the other hereunder will immediately terminate. No termination shall affect any obligation to pay Fees that has incurred prior to the date of such termination.
13.4 Survival. The provisions set forth in the following sections, and any other right or obligation of the parties in this Agreement that, by its nature, should survive termination or expiration of this Agreement, will survive any expiration or termination of this Agreement: Sections 3.6.2, 5, 6, 7, 9, 10, 11, 12, 13.3, 13.4, 14, 15, 16, 17, and 18.
The Terms shall be governed by and interpreted in accordance with the laws of California without regard to conflict of law principles. All disputes, claims and actions, at law or in equity, in connection with the Terms or the breach, termination, enforcement, interpretation or validity thereof, use of the Services or subject matter in connection with these Terms (collectively, “Disputes”) shall be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (“AAA Rules”), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place in San Diego, California before a single neutral arbitrator appointed in accordance with the AAA Rules and shall be conducted in the English language. All arbitrations shall be conducted and resolved on an individual basis and not a class-wide, multiple plaintiff or similar basis. No arbitration shall be consolidated with any other arbitration proceeding involving any other person or entity.
You have the right to opt-out and not be bound by these arbitration and waiver of class action provisions by sending written notice of your decision to opt-out to privacy@revrise.com within thirty (30) days of your earliest use or access of the Service.
Subject to the above arbitration provisions, you and RevRise agree that all Disputes shall be settled in the federal or state courts located in San Diego, California, and each of us agrees that such courts shall have exclusive jurisdiction and venue for any such actions. Notwithstanding anything to the contrary, RevRise also may seek injunctive or other equitable relief for breach of these Terms in any court of competent jurisdiction wherever located. You consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. The prevailing party in any suit, action or proceeding, including any arbitration proceeding, will be entitled to recover its reasonable legal fees and costs and expenses from the other party.
EXCEPT WHERE PROHIBITED UNDER APPLICABLE LAWS, ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THE ARBITRATION AGREEMENT IN SECTION 14 ABOVE MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A COLLECTIVE CLASS BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE.
You agree that, by entering into arbitration agreement under Section 14 above and this Section 15 regarding class action waivers, you and we are each waiving our respective rights to a trial by jury or to participate in a class or representative action, and that arbitration of disputes pursuant to these Terms shall be in your individual capacity. THIS MEANS YOU ARE LIMITING YOUR RIGHT TO APPEAL AND ARE WAIVING YOUR RIGHTS TO OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE, COMBINE, OR JOIN THE CLAIMS OF OTHER PARTIES WHO MAY BE SIMILARLY SITUATED OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. You acknowledge and agree that the Federal Arbitration Act governs the interpretation and enforcement of these respective provision.
The relationship between the parties is that of independent contractors. Nothing contained in these Terms shall be construed as creating any agency, partnership, joint venture, or other form of joint enterprise, employment, or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.
Notices from one party to any other party must be in the English language and must be reasonably detailed. Notices shall be effective on the date on which the notice is delivered to the notified party’s authorized email address or as published by RevRise as described herein. Until you receive notice of a different email address from us, RevRise authorized email address for all purposes of these Terms shall be the following: legal@revrise.com.
18.1 No Waiver of Rights. The failure by us to enforce any right or provision of these Terms shall not prevent any party from enforcing such right or provision in the future. No waiver by a party of any of the provisions of these Terms is effective unless explicitly set forth in writing and signed by such party. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
18.2 Severability. If any provision of these Terms is found to be unlawful or unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the enforceability of any other provisions.
18.3 Assignment. We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law. You shall not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves either party of any of its obligations under these Terms.
18.4 Entire Agreement. These Terms constitute the sole and entire agreement of the parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings and agreements, both written and oral, with respect to such subject matter.
18.5 Interpretation. The headings of the sections and subsections contained in these Terms are included for reference purposes only, solely for the convenience of the parties, and shall not in any way be deemed to affect the meaning, interpretation or applicability of these Terms or provision hereof. When the context requires, the plural shall include the singular and the singular the plural; and any gender shall include any other gender. All references to “including” or “includes” or any variation thereof shall be deemed to include the terms “without limitation.” The words “hereunder,” “hereof,” “hereto” and words of similar import shall be deemed references to these Terms as a whole. To the extent not prohibited by applicable law, these Terms shall not be construed against the party who drafted these Terms.