Terms of Use
Last Updated: October 28th, 2024
Welcome to the RSS Company, LLC website. The website, and all content and functionality associated therewith, is referred to herein collectively as the “Site.”
Please carefully review the following Terms of Use (“Terms”), which are the legally binding terms for your use of the Site. If you continue to browse and use the Site, you agree to comply with and be bound by these Terms, which together with our Privacy Policy, govern RSS Company’s relationship with you in relation to the Site. For purposes of these Terms, the term “you” and “your” refers to each user or viewer of the Site.
YOUR USE OF THIS SITE CONSTITUTES YOUR AGREEMENT TO THESE TERMS. PLEASE DO NOT USE THE SITE OR PROVIDE INFORMATION TO US IF YOU DO NOT AGREE TO THESE TERMS AND OUR PRIVACY POLICY.
Who We Are
The Site is owned by The RSS Company, LLC a limited liability company (“RSS” or “us” or “we”). Our mailing address is:
2357 Northern Hills Court NE
Rochester, MN 55906
United States
Our telephone number (customer service) is: 507.272.4536
Site Features, Functionality and Availability; Termination
We reserve the right to withdraw or amend the Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. You may use the Site when and as available. Although we generally intend for the Site to be available on an uninterrupted basis, it will not always be available (e.g., during maintenance, changes, outages and for other reasons). We reserve the right to change or eliminate and restrict or block access to all or any part of the Site, including any content or materials featured on the Site, from time to time without notice to you, in our discretion. We do not, however, make any commitment to update the Site.
Privacy Policy
Our Privacy Policy describes our privacy practices. You should review the Privacy Policy because it describes the information that we collect, how we collect it and what we do with that information.
Information
From time to time there might be information on the Site, whether or not posted by RSS or by third parties, that is outdated or contains errors, inaccuracies, or omissions (“Inaccuracies”). We reserve the right to correct any such Inaccuracies at any time and we apologize for any inconvenience this may cause you.
You are responsible for both:
To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete, and you agree not to impersonate any third parties in the course of using the Site. You also agree to review and correct all information that is supplied about you (such as when the Site “pre-populates” information you would otherwise have to enter) to ensure that it is always accurate and current. You agree that all information you provide to register with this Site or otherwise, including, but not limited to, through the use of any interactive features on the Site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. We reserve the right to purge or delete information stored by you in our discretion.
Any product listings or descriptions of services featured on the Site are intended only to be indicative or illustrative. No such information is intended to be a guarantee or warranty on the part of RSS and you agree not to rely on such information. We assume no liability for the use of or reliance on information – it is your responsibility to have the proper knowledge and experience.
Intellectual Property Rights
The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by RSS, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows:
You must not:
If you wish to make any use of material on the Site other than that set out in this section, please address your request to: tim@rsscompany.net
User Content and RSS Content
The Site may feature, without limitation, data, text, designs, graphics, logos, slogans, pictures, images, music, sound files, animation, video, interfaces, icons, software code, and other information (collectively, “Content”). Content, if any, that is posted by you in connection with your use of the Site, shall be referred to as “User Content.” Content that is posted by or that otherwise originates from RSS or its affiliates or suppliers shall be referred to as “RSS Content.”
Should you post or transmit User Content to the Site, you retain ownership of the User Content, but you must grant certain rights to RSS to use the User Content. Accordingly, you hereby grant to RSS and its designees, a royalty free, irrevocable, worldwide, perpetual, fully paid, nonexclusive, freely transferrable and freely sublicensable license and authority to use, edit, modify, prepare derivative works of, publicly perform, publicly display, post, transmit, playback, transcode, copy, reproduce, distribute, incorporate and otherwise fully exploit the User Content and all intellectual property rights associated therewith in connection with: (i) RSS’ maintenance, operation, and performance of the Site; (ii) the operation of RSS’ business; and (iii) RSS’ promoting, marketing and redistributing the Site, or parts thereof, in any and all media formats and through any and all media channels. You further represent and warrant to RSS that: (x) you own the User Content posted by you on or through the Site, or otherwise have the legal right to post such User Content on or through the Site; and (y) the User Content or the posting thereof to or through the Site does not violate the privacy rights, publicity rights, intellectual property rights, or any other proprietary rights of any third party.
All RSS Content featured on the Site is the property of RSS or its affiliates, licensors or suppliers and is protected by U.S. and international intellectual property laws. No RSS Content may be copied, distributed, republished, uploaded, posted or transmitted in any way except pursuant to the express provisions of these Terms, or with our prior written consent. Any use of the RSS Content other than as set forth in these Terms may result in may result in immediate termination of your user privileges.
Any comments, feedback, suggestions, or ideas (“Feedback”) you provide on, through or in connection with the Site may be used by RSS. While you may continue to own all such the Feedback, you hereby grant to RSS a royalty free, irrevocable, worldwide, perpetual, fully paid, nonexclusive, freely transferrable and freely sublicensable license and authority to use, edit, modify, prepare derivative works of, publicly perform, publicly display, post, transmit, playback, transcode, copy, reproduce, distribute, incorporate and otherwise fully exploit such Feedback.
Infringement of Our Rights or the Rights of Others; Copyright Agent
You agree to respect the intellectual property rights of RSS and others. Anyone who believes that their work has been reproduced in a way that constitutes copyright infringement may provide a notice to our copyright agent – see “Legal Notices.” We reserve the right to terminate in appropriate circumstances any account or right of access for infringement.
Authorized Use
If you are using the Site on behalf of an entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf, and that such entity agrees to indemnify you and RSS for violations of these Terms as set forth herein.
Your Conduct
You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to:
We reserve the right to terminate in appropriate circumstances any account or right of access for unauthorized or unlawful use of the Site in violation of these Terms.
Disclaimer
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE SITE, ITS CONTENT (INCLUDING WITHOUT LIMITATION RSS CONTENT), AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE OR RSS CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT (INCLUDING WITHOUT LIMITATION RSS CONTENT), OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES L INKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES (INCLUDING WITHOUT LIMITATION RSS CONTENT), INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct,
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
If notwithstanding the limitations of liability set forth in these terms RSS is found liable, RSS’ total liability to you or to any third party is limited to the lesser of: (i) the amounts paid by you to RSS, if any, in the twelve (12) months prior to the action giving rise to liability; or (ii) One Hundred Dollars and 00/100 ($100.00). The damage exclusions and limitation of liability in these terms shall apply even if any remedy fails of its essential purpose.
Links
The Site may link to other websites and some websites may link to the Site. These links may be provided by RSS as a convenience to you. Additionally, some services offered on or through the Site may be provided by third party service providers.
Unless RSS expressly states otherwise, RSS does not endorse any third party service providers, the linked sites, or anything content on the linked sites. If you deal with a linked site or use these services, your transaction is not with RSS and you should review the linked site’s “terms of use,” other contract(s) and/or privacy policy before completing your transaction.
You may not create a link to the Site from another website or document without RSS’ prior written consent. For requests, please contact us at: tim@rsscompany.net
Indemnity
You agree to indemnify, defend and hold harmless RSS, its licensees, affiliates, successors and assigns, and the members, managers, affiliates, officers, directors, employees, agents and representatives of the foregoing, for, from and against any and all losses, liabilities, expenses, damages, fees, penalties, claims or demands (actual or alleged), including reasonable attorneys’ fees, arising out of or related to your breach of these Terms, and your violation or infringement of any law or the rights of any third party, including any third party intellectual property rights. RSS reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to reasonably assist and cooperate with RSS in the defense thereof.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Termination or Cancellation
As noted above, these Terms are a legally binding agreement between you and RSS with respect to your use of the Site. Either we or you may terminate this agreement with or without cause or prior notice; however, if you use the Site after such termination, that use will constitute your new agreement to these Terms. If applicable law requires that we provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Site or by sending a communication to any address (email or otherwise) that we have for you in our records. RSS’ rights under these Terms that by their terms, nature, sense or context are intended to survive the termination of these Terms shall survive such termination. Without terminating your right to use the Site pursuant to these Terms, we may also suspend or block your access to the Site whenever it appears to us that you might be breaching these Terms or otherwise about to cause harm or damage to us or others.
Governing Law
This Site is controlled by us from our offices within the United States of America and is directed to U.S. users. If you choose to access this Site from locations outside the U.S., you do so at your own risk and are responsible for compliance with applicable local laws. You may not use or export anything from the Site in violation of U.S. export laws and regulations or these Terms. You agree that these Terms, and all claims of every nature (including without limitation, contract, tort and strict liability) relating to any aspect of the Site, shall be governed by the laws of the State of Minnesota, U.S.A., without regard to its conflict of law provisions and without regard to where performance hereunder is made. You agree that any disputes shall be heard exclusively in state or federal courts located in Olmsted County, Minnesota. You also consent to jurisdiction in a state or federal court sitting in Olmsted County, Minnesota and waive any claim or defense that such forum is not convenient or proper, and consent to service of process by any means authorized by Oregon or federal law.
Notices, Including Our Address for Legal Notices
We may give you notice by any lawful method, including (without limitation) legal notices and notice of subpoenas. We may provide the notices by posting them on the Site or by giving them by email or postal mail to any address that we have for you. You agree to update your address as appropriate and to check for notices posted on the Site.
You agree to send us notice by mailing it to “Our Address for Legal Notices” which is RSS Company LLC, Attn: Legal Notices, 2357 Northern Hills Court NE, Rochester, MN 55906 U.S.A., or by emailing it to us at tim@rsscompany.net
Amendments
You agree that we may revise, update or amend these Terms from time to time, in our sole discretion (“Amendments”). All changes are effective immediately when we post them, and apply to all access to and use of the Site thereafter. You agree that using the Site after any Amendments of these Terms will constitute your agreement to the Amendments. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Notwithstanding the foregoing, you agree that without amending these Terms pursuant to this Section, we may change other Site information (other than the text of these Terms) in our sole discretion.
Agreement; Miscellaneous
These Terms, which incorporate by reference any: (i) additional terms on the Site or otherwise provided by us for particular activities; and (ii) disclosures provided by us and consents provided by you on the Site, constitute the entire agreement between us and neither party has relied on any representations made by the other that are not expressly set forth in these Terms. If any part of these Terms is found by a court of competent jurisdiction to be invalid, then that part will be deemed superseded by an enforceable provision that most closely matches the intent of the original and honors the allocation of risks in these Terms and the remainder of these Terms will continue in full force and effect. Our failure to act with respect to a breach does not waive our right to act as to subsequent or similar breaches. Except as expressly stated herein, there are no third party beneficiaries of any part of these Terms. These Terms are personal to you, and are not assignable, transferable, or sublicensable by you except with RSS’ prior written consent, which RSS may withhold for any reason or no reason. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under these Terms, the prevailing party will be entitled to recover its reasonable costs and attorneys’ fees.
Legal Notices
Various laws require or allow us to give users of this Site certain notices and each of them is incorporated into these Terms.
Further Information
If you would like to receive our legal name and address by email, you need to provide us your email address by sending your request, in writing, to Our Address for Legal Notices (set forth above). If you have a complaint, you may contact us at the address(es) set forth above.
Notice of Copyright Agent
RSS respects the intellectual property rights of others and requests that you do the same. Anyone who believes that their work has been reproduced in the Site in a way constituting copyright infringement may provide a notice to the designated Copyright Agent for the Site containing the following: (i) an electronic or physical signature of a person authorized to act on behalf of the owner of the copyright interest; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material; (iv) the address, telephone number, and, if available, an email address at which the complaining party may be contacted; (v) a representation that the complaining party has 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 (vi) a representation that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Copyright infringement claims and notices (but not other notices) should be sent to the attention of our Copyright Agent, in the following manner:
By mail: 2357 Northern Hills Court NE, Rochester, MN 55906 U.S.A., or by emailing it to us at tim@rsscompany.net., Attn. Copyright Agent
Notice: No Harvesting Allowed
We will not give, sell, or otherwise transfer addresses maintained by us to any other party for the purposes of initiating, or enabling others to initiate, electronic mail messages except as authorized as appropriate by our personnel or policies, including our Privacy Policy. Except for parties authorized to have addresses maintained by us, persons may violate federal law if they: (1) initiate the transmission to our computers or devices of a commercial electronic mail message (as defined in the U.S. “CAN-SPAM act of 2003”) that does not meet the message transmission requirements of that act; or (2) assist in the origination of such messages through the provision of selection of addresses to which the messages will be transmitted.
Notice About Trademarks
RSS® and all associated logos are trademarks of The RSS Company LLC. All other trademarks and logos on the Site are the property of their respective owners. All rights are reserved.
Copyright © 2024 The RSS Company - All Rights Reserved.
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