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Rypple™ Beta Terms of Service

Latest Update to Terms of Service: October 13, 2010

Summary

Rypple was built to provide you with personal insight and development. Our terms of service are designed to ensure that it is used accordingly.

Your personal feedback data belongs to you.

Your data is always private and confidential.

Be nice. You should act reasonably and in good faith when using Rypple.

These Beta Terms of Service form a legally binding agreement between you and 2Catalyze, Inc. ("Rypple") in relation to your use of the Services.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.

You should you print off and/or save a copy of these Beta Terms of Service for your records. Capitalized terms have the meanings attributed to them in Section 12.

1. Application and Acceptance

1.1. Unless otherwise agreed in writing with Rypple, these Terms apply to your use of the Services.

1.2. You may not use the Services if you do not accept the Terms.

1.3. You may not use the Services and may not accept the Terms if you are not of legal age to form a binding contract with Rypple, or are otherwise precluded from using or receiving such Services under the laws of Canada or other countries, including the country in which you are resident or from which you intend to use the Services.

1.4. This Service is intended solely for users who are thirteen (13) years of age or older, and any registration, use or access to the Service by anyone under 13 is unauthorized, unlicensed, and in violation of this Agreement. We may terminate your account, delete any content or information that you have posted on the Service, and/or prohibit you from using or accessing the Service (or any portion, aspect or feature of the Service) for any reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 13. If you are under 18 years of age you may use the Service only if you either are an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.

1.5. The Terms shall be deemed accepted by you upon the earlier of your: (i) using the Services; or (ii) clicking to accept or agree when this option is made available to you in the course of accessing or registering for the Services.

1.6. In the event that an additional Service is introduced or an existing Service is altered and supplementary terms and conditions of access or use are applicable, those additional terms ("Supplemental Terms") shall apply. When Supplementary Terms apply to a specific Service, these will be accessible and/or presented to you within or prior to the use of such Service. These Terms shall continue to apply to such additional or altered Service and shall be deemed modified only to the degree they are in direct conflict with the Supplemental Terms, in which case the Supplemental Terms shall prevail.

1.7. Rypple may make changes to the Terms or Supplemental Terms from time to time, and Rypple will make a new copy of the Terms available at the following link http://rypple.com/legal#TOS. Any new Supplemental Terms will be made available to you from within, or through, the applicable Services. You understand and agree that you are responsible for checking this link to determine whether the Terms or Supplemental Terms have been updated and, in any event, that if you use the Services after the date on which the Terms or Supplemental Terms have changed, you are deemed to have affirmatively accepted the updated Terms and/or Supplemental Terms. When Rypple posts changes to the Terms, the "Latest Update" date at the top of Terms will be updated. Where changes are deemed by Rypple to be material changes, Rypple will provide at least two weeks notice to users, which notice shall be provided in accordance with s.12.9.

2. The Services

2.1. Subject to the Terms, you may access and use the Services for which you have been authorized or licensed by Rypple during the term of such license.

2.2. Rypple gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive licence to access and use the Software as part of the Services as provided or made available to you by Rypple, solely to make use of the Services and subject at all times to the Terms.

2.3. Unless Rypple has given you specific written permission to do so, you may not assign (or grant a sub-licence of) your rights to use the Services or the Software, or grant a security interest in or over your rights to use the Services or the Software, or otherwise transfer any part of your rights to use the Services or the Software.

2.4. Rypple is committed to continually improving and enhancing the Services and, Subject to any other written agreement you may have with Rypple, you acknowledge and agree that the specific form and/or nature of the Services may change from time to time without prior notice and Rypple may cease providing the Services (or any specific features within the Services) to you or to users generally at Rypple's sole discretion, without prior notice to you.

2.5. You agree to provide good faith feedback in relation to the Service regarding usability, adoption, suggested enhancements, feature requests, etc. (collectively, the "Service Suggestions"). For the avoidance of doubt "Service Suggestions" does not include feedback, observations, comments or responses received from or posted by you or other users of the Service (including advisers) relating to performance feedback regarding individual users of the Service.

2.6. You may stop using the Services at any time and you do not need to specifically inform Rypple when you stop using the Services.

2.7. Unless you have been specifically permitted to do so in a separate agreement with Rypple, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.

3. Accounts and Access

3.1. In order to use Services, you must register a Rypple account ("Account").

3.2. An individual user may only have one Account at a time.

3.3. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with your Account. Accordingly, you agree that you will be solely responsible to Rypple for all activities that occur under your Account. If you become aware of any unauthorized use of your password or of your Account, you agree to notify Rypple immediately.

3.4. You may acquire an Account either directly from Rypple, or you may be provided an Account through an Employer's Corporate License. A Corporate License is a license granted to an Employer by Rypple, which allows the Employer to authorize Rypple Accounts for a specified number of its employees and/or contractors.

3.5. If your Employer acquires a Corporate License and you already have an Account (or if you are hired or engaged by an Employer that already has a Corporate License), your existing personal Account may be ported to your Employer's Corporate License. You may be provided with new log-in credentials. All data in or related to your Account will be maintained and is subject at all times to the Rypple Privacy Policy.

3.6. If you have an Account under your Employer's Corporate License and you cease to be an employee or contractor for such Employer, your Account will be ported to a personal Account and your access shall continue. You may be provided with new log-in credentials.

3.7. You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Rypple, unless you have been specifically allowed to do so in a separate agreement with Rypple and, without limiting the generality of the foregoing, you specifically agree not to access (or attempt to access) any of the Services through any automated means.

4. Acceptable Use

4.1. To report use contrary to these Terms, please email: report@rypple.com.

4.2. You shall at all times act reasonably and in good faith when using the Services and shall not:

  1. abuse, harass, threaten, impersonate or intimidate other Rypple users or any third party;
  2. bypass or attempt to bypass any measures Rypple may use to prevent or restrict access to the Services;
  3. use automated scripts to collect information from or otherwise interact with the Service or the Website;
  4. interfere or attempt to interfere with the proper functioning of the Services;
  5. attempt to uncover the identity of a Rypple user that provides feedback anonymously;
  6. post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain the identity, of any Rypple user (unless such identification request is a consequence of a Service feature and unless the request recipient consents) or the password, account, or private information of any Rypple user;
  7. attempt to artificially alter a Rypple user's rating, profile or comments (including your own), including by way of:
    1. creating or attempting to create multiple user accounts for the purpose of artificially altering feedback or information gathered through the Services;
    2. giving or receiving money or other remuneration in exchange for ratings or feedback (positive or negative); or
    3. participating in any other organized effort that in any way artificially alters or distorts the results or efficacy of the Services.
  8. post or transmit, or cause to be posted or transmitted, any material that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or otherwise violates any law or right of any third party (including but not limited to copyright laws);
  9. use the Services for any illegal or unauthorized purpose (if you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content);
  10. use the Services to advertise to, or solicit, any user to buy or sell any products or services; or
  11. upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Rypple:
    1. is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Rypple or its users to any harm or liability of any type;
    2. that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, provincial, state national or international law
    3. that would constitute unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
  12. harvest or collect email addresses or other contact information of other users from the Service or the Website by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; and
  13. impersonate any person or entity (including, without limitation, another user) or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity.

4.3. Without limiting the foregoing, if you are provided an Account pursuant to your Employer's Corporate License, you shall at all times comply with your Employer's policies or required practices in respect of your use of the Services.

5. Content and Privacy

5.1. For information about Rypple's data protection practices, please read Rypple's privacy policy the following link. This policy explains how Rypple treats your personal information and protects your privacy, when you use the Services. The terms of the Privacy Policy are incorporated herein by reference.

5.2. You understand that all information or content which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person or entity from which such information or content originated ("Content") and that Content may be protected by intellectual property rights held by the originator(s). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Rypple or by the owners of that Content, in a separate agreement.

5.3. You understand that by using the Services you may be exposed to Content that you may find offensive or objectionable and that, in this respect, you use the Services at your own risk.

5.4. You agree that you are solely responsible for (and that Rypple has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Rypple may suffer) by doing so.

5.5. You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. Subject at all times to the Rypple Privacy Policy, by submitting, posting or displaying the Content you grant Rypple a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such Content. You confirm and warrant to Rypple that you have all the rights, power and authority necessary to grant the above license.

5.6. Any Content you send or otherwise make available through use of the Services, including but not limited to, sending feedback requests or feedback responses is done so at your own risk. Rypple cannot control the actions of other users with whom you may chose to share any information and cannot and does not guarantee that Content you send or otherwise make available will not be viewed by unauthorized persons. You shall be solely responsible for your own Content and the consequences of posting or publishing it. In connection with your Content, you affirm, represent and warrant, in addition to the other representations and warranties in this Agreement, the following: (i) you are at least 18 years of age, or if you are under 18 years of age you are either an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement; (ii) you have the written consent of each and every identifiable natural person identified or referenced in your Content to use such person's name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use; and (iii) your Content and Rypple's use thereof as contemplated by this Agreement and the Service will not infringe any rights of any third party, including but not limited to any Intellectual Property Rights, privacy rights and rights of publicity.

5.7. It is Rypple's strict policy not to publish or otherwise release the content of messages sent between users or the identity of the Users, except as provided for in the Terms or the Privacy Policy.

5.8. Subject only to the terms of any contrary written agreement with Rypple, Rypple may, in its discretion, remove any Content and/or deactivate Rypple Accounts at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content).

6. Beta Confidentiality.

6.1. In connection with this beta program, Rypple may disclose to you certain information that the Rypple considers confidential and/or proprietary ("Confidential Information") including, but not limited to, tangible, intangible, visual, electronic, present, or future information such as: (a) trade secrets; (b) financial information, including pricing; (c) technical information, including research, development, procedures, algorithms, data, designs, and know-how; (d) business information, including operations, planning, marketing interests, and products; (e) any bugs, defects, security problems, and other issues relating to the Service and/or the Software. Service Suggestions shall be deemed to be Rypple Confidential Information.

6.2. You shall not disclose and shall protect the Confidential Information of Rypple and shall use no less than a reasonable degree of care to prevent its unauthorized use, dissemination or publication to any unauthorized third parties.

6.3. Confidential Information shall not include information that: (i) is or becomes publicly available through no act or omission of you; (ii) was in the your lawful possession prior to the disclosure and was not obtained by you either directly or indirectly from Rypple.

6.4. You may disclose Confidential Information solely as needed to comply with a court order, subpoena, or other government demand (provided that you first use all reasonable efforts to notify Rypple and to give Rypple the opportunity to challenge such court order, subpoena, or government demand). You acknowledge that damages for improper disclosure of Confidential Information may be irreparable; therefore, Rypple is entitled to seek equitable relief, including temporary restraining order(s) or preliminary or permanent injunction, in addition to all other remedies, for any violation or threatened violation of this section. You shall have a duty to protect Confidential Information during the Term and for a period of two (2) years thereafter.

7. Proprietary Material.

You shall acquire no rights whatsoever in and/or to the Service, the Software or the Service Suggestions. To the extent that, by operation of law, You are deemed to hold or retain any Intellectual Property Rights in and to the Service, the Software, and/or the Service Suggestions, such rights are hereby irrevocably assigned to Rypple and, to the extent that any such rights are not assignable (including, without limitation, all moral rights and any rights analogous thereto), such rights are hereby irrevocably waived by You in favor of Rypple, its successors and assigns in perpetuity. You may not (and you may not permit or enable anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Rypple, in writing. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services. Unless you have agreed otherwise in writing with Rypple, nothing in the Terms gives you a right to use any of Rypple's trade names, trade marks, service marks, logos, domain names, and/or any other distinctive brand features. Unless you have been expressly authorized to do so in writing by Rypple, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

8. Copyright Infringement.

Rypple has adopted a policy of terminating, in appropriate circumstances and at Rypple's sole discretion, Users who are deemed to be repeat infringers. Without limiting any other provision of this agreement, Rypple may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify Rypple's copyright agent as follows:

Copyright c/o Rypple Suite 600, 20 Eglinton Avenue West Toronto, ON M4R 1K8

Please include the following information in writing in your notice to Rypple's copyright agent:

PLEASE NOTE THAT IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND LEGAL FEES.

9. Third Party Sites.

The Services may include hyperlinks to other web sites or content or resources. Rypple may have no control over any web sites or resources which are provided by companies or persons other than Rypple. You acknowledge and agree that Rypple is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources. You acknowledge and agree that Rypple is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources. Rypple encourages you to be aware of when you leave the Service, and to read the terms and conditions and privacy policy of any third-party website or service that you visit.

10. Warranties and Limitations

10.1. NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT RYPPLE'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND RYPPLE'S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." IN PARTICULAR, RYPPLE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND (D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RYPPLE OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. RYPPLE FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

10.2. YOU EXPRESSLY UNDERSTAND AND AGREE THAT RYPPLE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS BUSINESS ASSOCIATES SHALL NOT BE LIABLE TO YOU FOR: (I) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; (II) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: (A) ANY CHANGES WHICH RYPPLE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); (B) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; (C) YOUR FAILURE TO PROVIDE RYPPLE WITH ACCURATE ACCOUNT INFORMATION; (D) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL. THE LIMITATIONS ON RYPPLE'S LIABILITY ABOVE SHALL APPLY WHETHER OR NOT RYPPLE HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

11. Indemnification

11.1 Each Party (the "Indemnifying Party") shall indemnify, defend and hold harmless the other Party (the "Indemnified Party") and each of the Indemnified Party's parent, affiliated, subsidiary and related entities throughout the world and each of its and their respective shareholders, officers, directors, employees and agents from and against all liabilities, damages, losses, costs or expenses (including, without limitation, reasonable attorneys' fees and expenses) arising out of or in connection with any actual or threatened claim, suit, action or proceeding brought or threatened by a third party arising out of or relating to any actual or threatened claim, suit, action or proceeding brought or threatened by a third party arising out of or relating to any claim that the Indemnifying Party's Property infringes or misappropriates any intellectual property right of any person. Each Party's indemnification obligations under this Section are conditioned on the other Party notifying the indemnifying Party promptly in writing of such action, the other Party giving the indemnifying Party sole control of the defense thereof and any related settlement negotiations, and the other Party cooperating and, at the indemnifying Party's reasonable request and expense, assisting in such defense.

12. Miscellaneous

12.1. You acknowledge that feedback or data or Content to which you may have access through the Services ("Data") is for the purposes of personal insight and development. If you have accessed the Services through your Employer's Corporate License, you expressly acknowledge and agree that you shall be barred from using such Data in support of any legal claim or dispute with your Employer and such Data shall be inadmissible as evidence or in support of such claim or dispute. You hereby release and forever discharge your Employer from any and all manners of actions, causes of actions, suits, claims, complaints, damages, costs and/or expenses of any nature or kind whatsoever known or unknown (whether in law, in equity or pursuant to statute), which you now have or may have arising out of or related to your use of the Services. You expressly acknowledge and agree that your Employer shall be a third party beneficiary of these Terms and shall be entitled to rely upon and enforce the foregoing provision directly.

12.2. The Terms will continue to apply until terminated by either you or Rypple as set out below. If you want to terminate your legal agreement with Rypple, you may do so by (a) notifying Rypple at any time and (b) closing your Account for all of the Services which you use, where Rypple has made this option available to you. Your notice should be sent, in writing, to Rypple's address which is set out at the beginning of these Terms. Rypple may at any time, terminate its legal agreement with you and deactivate the applicable Account if: (i) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or (ii) Rypple is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or (iii) Rypple is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the Services; or (iv) the provision of the Services to you by Rypple is, in Rypple's opinion, no longer commercially viable. When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Rypple have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraphs 6, 8, 9 and 10 shall continue to apply indefinitely.

12.3. Rypple has implemented commercially reasonable technical and organizational measures designed to secure your personal information and your Content from accidental loss and from unauthorized access, use, alteration or disclosure. However, Rypple cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information and your Content for improper purposes. You acknowledge that you provide your personal information at your own risk.

12.4. The Terms (including the Privacy Policy) constitute the whole legal agreement between you and Rypple and govern your use of the Services (but excluding any services which Rypple may provide to you under a separate written agreement), and completely replace any prior agreements between you and Rypple in relation to the Services.

12.5. You agree that if Rypple does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Rypple has the benefit of under any applicable law), this will not be taken to be a formal waiver of Rypple's rights and that those rights or remedies will still be available to Rypple.

12.6. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

12.7. Rypple makes no representations that the Service is appropriate or available for use in other locations other than Canada. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations, if applicable.

12.8. You agree that: (i) the Service shall be deemed solely based in the Province of Ontario, Canada; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Rypple, either specific or general, in jurisdictions other than the Province of Ontario; and (iii) The Terms, and your relationship with Rypple under the Terms shall be governed by the internal substantive laws of the Province of Ontario, without respect to its conflict of laws principles. Any claim or dispute between you and Rypple that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Toronto, Ontario, Canada. Notwithstanding this, you agree that Rypple shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

12.9. Rypple may provide notifications, whether such notifications are required by law or are for authorized marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by Rypple in its sole discretion. Rypple reserves the right to determine the form and means of providing notifications to Users, provided that you may opt out of certain means of notification as described in these Terms and Conditions and Rypple's Privacy Policy.

12.10. These Terms and all representations, obligations, undertakings and warranties contained in it shall enure for the benefit of any successor and/or assignees of Rypple.

12.11. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Rypple's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

13. Definitions

13.1. "Corporate License" is a license to use the Services provided to an Employer, which entitles that Employer to identify employee users of the Service and through which such identified users may access the Services.

13.2. "Employer" means your employer, or, in the event that you are a contractor providing accessing the Services to a third party;

13.3. "Intellectual Property Rights" means patent rights (including patent applications and disclosures), copyrights (including copyright applications), trade secrets, trademarks, moral rights, know-how and any other similar rights or intangible assets recognized under any law(s) or international convention(s) in any country or jurisdiction in the world where such rights accrue.

13.4. "Services" means any software, services and web site provided by or made available through Rypple or its affiliated or partner companies, including, without limitation the "Rypple" service, an online service to enable self-directed feedback and personal development management;

13.5. "Rypple" means 2Catalyze, Inc., d/b/a Rypple, whose principal place of business is at Suite 600, 20 Eglinton Avenue West, Toronto, ON M4R 1K8

13.6. "Software" means any software that is provided to you or to which you are given access by Rypple as part of the Services;

13.7. "Terms" means these Terms of Service;

13.8. "Website" means any website operated by or on behalf of Rypple and through which Services are provided to you;

13.9. "You" or "your" means anyone who accesses or uses the Services.

Trademarks

This page contains the most current information on Rypple's trademarks and other trademarks used throughout this website.

The Rypple logo, "Rypple", "The Rypple Effect", "Make work meaningful", "Rypple Coach", "A little feedback goes a long way", "Feedback is social", "Feedback is fundamental", "The best way to give and get feedback and coaching at work" are considered Rypple's trademarks.

The absence of a name or logo in this list does not constitute a waiver of any and all intellectual property rights that Rypple has established in any of their product, feature, or service names or logos.

Rypple™ Privacy Policy

Latest Update: December 5th, 2011

TRUSTe: click to verify

Rypple has been awarded TRUSTe's Privacy Seal signifying that this privacy policy and practices have been reviewed by TRUSTe for compliance with TRUSTe’s Program Requirements and the TRUSTed Cloud Program Requirements including transparency, accountability and choice regarding the collection and use of your personal information. TRUSTe's mission, as an independent third party, is to accelerate online trust among consumers and organizations globally through its leading privacy trustmark and innovative trust solutions. If you have questions or complaints regarding our privacy policy or practices, please contact us at privacy@rypple.com. If you are not satisfied with our response you can contact TRUSTe here. The TRUSTe program does not cover information that may be collected through mobile devices.

Rypple complies with the U.S. – E.U. Safe Harbor framework and the U.S. - Swiss Safe Harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of data from the European Union and Switzerland respectively. Rypple has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. Information regarding the both the E.U. and Swiss Safe Harbor Frameworks can be found at: http://export.gov/safeharbor"

Summary

Rypple is built on trust. Our users trust us to safeguard their information. We constantly work to increase this trust and enhance our privacy processes and policies. This Privacy Policy covers our collection, use and disclosure of information we collect through our website and our Service: www.rypple.com. The use of information collected through our service shall be limited to the purpose of providing the service for which the Client has engaged Rypple.

We update this policy from time to time, so check back here occasionally.

The Policy

1. "Personal Information"

1.1. For the purposes of this Privacy Policy, personally identifiable information ("Personal Information") means any information collected by or provided to Rypple that could serve to identify an individual, such as: (i) first and last name; (ii) physical address; (iii) e-mail address; (iv) telephone number; (v) credit card information; or (vi) any combination of personal information that could be used to determine identity.

1.2. Any other capitalized terms used in this Privacy Policy are either defined in this policy or within the Rypple Terms of Service.

2. Integrity of Information

2.1. Rypple takes protecting its users' privacy very seriously. To help ensure user Personal Information is secure, Rypple communicates this Policy to Rypple employees and strictly enforces privacy safeguards within the company.

2.2. Rypple has processes in place to keep Personal Information accurate, complete, and up to date for the purposes for which it is used. Users always have the right to access and correct the Personal Information that has been provided.

2.3. Rypple takes precautions - including administrative, technical, and physical measures - to safeguard Personal Information against loss, theft, and misuse, as well as unauthorized access, disclosure, alteration, and destruction.

2.4. Rypple uses Secure Socket Layer (SSL) encryption when transmitting sensitive information that you enter on our registration or order forms. In particular, Rypple encrypts your password and credit card information when provided. To learn more about SSL, please follow this link: http://en.wikipedia.org/wiki/Transport_Layer_Security.

3. What Information Does Rypple Collect?

3.1.Rypple collects data regarding the users of the Service, including:

  1. the Internet Protocol (IP) address of the user's computer (which may or may not be associated with a particular Internet Service Provider (ISP)),
  2. the referring URL, if any, and
  3. the browser software identification (i.e. the brand and version of your browser software).

3.2. Rypple may track the domains from which people visit the website, but Rypple cannot see a user's zip code, postal code, city or country.

3.3. In order to use Services or to ask for feedback, a user must register a Rypple account ("Account"). When creating the Account a user will be asked to provide an email address, name, phone number and a password./p>

3.4. During use of the Services, a user may solicit anonymous feedback from others and that feedback and associated data will be maintained in order to provide the Services.

3.5. If someone is not a Rypple user, and is responding to a request for feedback from a Rypple user, then the respondent will not be asked to register and does not need to provide any Personal Information to respond.

3.6. The website through which Rypple provides Services uses "cookies" to enable you to sign in to the Services and to help personalize your online experience. A cookie is a small text file that is placed on your hard disk by a Web page server, which may contain information that can later be read by a web server in the domain that issued the cookie to you. Cookies cannot be used to run programs or deliver viruses to your computer. Rypple uses cookies to store your preferences and other information on your computer in order to save you time by eliminating the need to repeatedly enter the same information and to display your personalized content on your later visits. You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to sign in or use other interactive features of Rypple Services that depend on cookies.

3.7. We use clear gifs in our HTML-based emails to let us know which email alerts have been opened by recipients. This allows us to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns.

3.8. Rypple may collect aggregated and/or statistical data regarding the use of the Services, including, without limitation, frequency and patterns of use, tag usage, feedback request trends, etc. ("Aggregated Data"). Aggregated Data shall not reveal Personal Information. Rypple may make use of, or make such Aggregated Data available to third parties, in any manner in its sole discretion.

4. How Can I Access My Information Within The Service?

4.1. If your Personal Information changes, or if you no longer desire our service, you may correct, update, or deactivate it by making the change on our member information page accessibly by selecting 'My Settings' from within Rypple, or by emailing our Customer Support at support@rypple.com or by contacting us by telephone or postal mail at the contact information listed below.

5. Google Connect

5.1. You can log in to the Service, or our blog for the purposes of commenting, using sign-in services such as Google Connect or other Open ID provider. These services will authenticate your identity and provide you the option to share certain personal information with us such as your name and email address to pre-populate our sign up form. Services like Google Connect give you the option to share information about your activities on this Web site with others within your network.

6. What Information Does The Rypple Service Collect From Corporate Clients?

6.1. When operating as a data processor for our corporate clients the following will apply to our Service:

(a) We collect the following kinds of personal information from our corporate clients:

(b) We also collect information about others from corporate clients such as:

(c) We use this information to

6.2. Rypple collects information under the direction of its corporate clients, and has no direct relationship with the individuals whose personal data it processes. Rypple works with its corporate clients to help them provide notice to their customers concerning the purpose for which personal information is collected.

6.3. When a corporate client wishes to acquire a Corporate License and informs us that an individual who will have access to an Account under the Corporate License is an employee or contractor, we will confirm whether or not an individual already has an Account. If he or she already has an Account, this will be confirmed to the corporate client.

7. Access To Data Controlled By Our Corporate Clients.

7.1. Rypple has no direct relationship with the individuals whose personal data it processes. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data should log into their account and make the appropriate or deletions or direct their query to their corporate administrator (the data controller). If the corporate client requests Rypple to remove the data, we will respond to their request within 30 business days.

8. Who Can See Feedback?

8.1. The content of the feedback requests or responses solicited by a user through the Service will not be provided or disclosed to that user's Employer in any manner that could enable such Employer to identify such user without the user's express consent. Employers who provide Accounts through a Corporate License may be provided aggregated and/or statistical data regarding the use of the Services by those Accounts used by such Employer's employees or contractors, including, without limitation, frequency and patterns of use, tag usage, feedback request trends, but such data shall not contain Personal Information.

8.2. Employers that provide users with Accounts through a Corporate License may be provided access to data regarding the frequency and nature of the Services accessed or used by such users, but the content of the feedback request or the responses will not be accessible to the Employer.

9. What Information Is Collected On The Rypple Website?

9.1. If you contact us regarding general inquires, to make a support request or provide us with a testimonial we will collect your name, email address and phone number.

9.2. For European users, please note that in order to provide the information or Services you have requested, your Personal Information may be transferred or stored on computer equipment or in offices that are located outside the European Economic Area, and you are deemed to consent to the same.

9.3. We use cookies on this site. We do link the information we store in cookies to any personally identifiable information you submit while on our site.

We use both session ID cookies and persistent cookies. We use session cookies to make it easier for you to navigate our site. A session ID cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time. You can remove persistent cookies by following directions provided in your Internet browser’s “help” file.

9.4. The use of cookies by our partners, affiliates, and tracking utility company are not covered by our privacy statement. We do have access or control over these cookies. Our partners, affiliates, and tracking utility company use session ID cookies to track traffic and conversion metrics as well as utilization of features and marketing collateral.

9.5. We employ or our third party advertising partner employs a software technology called clear gifs (a.k.a. Web Beacons/Web Bugs), that help us better manage content on our site by informing us what content is effective. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web users. In contrast to cookies, which are stored on a user’s computer hard drive, clear gifs are embedded invisibly on Web pages and are about the size of the period at the end of this sentence. We tie the information gathered by clear gifs to our customers’ personally identifiable information.

10. How Can I Access My Personal Information?

10.1. If the Personal Information you submitted to us on the site changes, you may correct, update, or deactivate it by making the change on our member information page accessibly by selecting 'My Settings' from within Rypple, or by emailing our Customer Support at support@rypple.com or by contacting us by telephone or postal mail at the contact information listed below.

10.2. If you use the Rypple Support forum, the Rypple Blog or chat room on this Web site, you should be aware that any Personal Information you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the Personal Information you choose to submit in these forums. To request removal of your personal information from our blog or community forum, contact us at privacy@rypple.com. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.

10.3. We will retain your information for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

11. How is the Information Shared?

11.1. Your Personal Information will not be sold or rented to anyone.

11.2. Subject to the terms of this Privacy Policy, Personal Information will be provided to third parties only when and if:

  1. you have given your express opt-in consent to share the information;
  2. your information must be shared by necessity to provide the Service or information you have requested (in which case those people or companies are strictly limited to using that information only to the minimal degree necessary to provide the Service or information you have requested);
  3. Rypple has a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to:
    1. satisfy any applicable law, regulation, warrant, subpoena, court order, legal process or enforceable governmental request;
    2. enforce applicable Terms of Service including investigation of potential violations thereof;
    3. detect, prevent, or otherwise address fraud, security or technical issues; or
    4. protect against imminent harm to the rights, property or safety of Rypple, its users or the public as required or permitted by law.

11.4. In the event that Rypple is acquired or transfers some or all of its operations or assets to another company, information collected, including Personal Information, may be one of the assets so assigned. You consent to such a transfer of your Personal Information, provided that the transferee shall be bound by the terms of the privacy policy in effect at the time of its collection.

12. Testimonials?

12.1. Rypple periodically posts customer and user testimonials on our web site which may contain Personal Information such as the customer or user's name. We do obtain the customer's consent prior to posting the testimonial to post their name along with their testimonial. If you want to remove your personal information that is being displayed on our website under public pages please send your request to privacy@rypple.com.

13. Links To Other Sites

13.1. This Web site contains links to other sites that are not owned or controlled by Rypple. Please be aware that we, Rypple, are not responsible for the privacy practices of such other sites. We encourage you to be aware when you leave our site and to read the privacy statements of each and every Web site that collects personally identifiable information.

14. Privacy Policy Maintenance and Enforcement

14.1. Rypple may occasionally update this Privacy Policy to reflect changes in Services and customer feedback. When Rypple posts material changes to this Privacy Policy, the “Latest Update” date at the top of policy will be updated and a prominent notice will be placed on the site's homepage. We encourage you to periodically review this statement to be informed of how Rypple is protecting your information.

14.2. If Rypple wishes to use Personal Information in a manner different from that stated at the time it was collected, Rypple will update this Privacy Policy and notify users of a material change in the privacy policy by way of an email or by providing 30 days notice on the Site. Unless you consent otherwise, such changes shall only apply to information gathered on or after the date of the change.

14.3. The above-noted "Summary" is informational only and in the event of any conflict or perceived conflict between the language of such summary and the terms of this Privacy Policy or of the Terms of Service, the terms of the Privacy Policy or the Terms of Service, as applicable, shall prevail.

15. Contact

15.1. Rypple welcomes comments regarding this Privacy Policy. If you have questions about this policy please contact us:

Rypple Privacy Team
2Catalyze, Inc. (d/b/a/ Rypple)
20 Eglinton Avenue West, Suite 600
Toronto, ON, M4R 1K7 Canada

Tel: 1-888-iRypple

Fax: 647-438-2488





Legal Notice respecting Challenges & Contests

Eligibility

2Catalyze, Inc. d/b/a/ Rypple (“Rypple”) organizes Challenges and Contests (“Contest” or “Contests”) from time to time as part of its marketing activities. Contests are open to legal residents of Canada (except Quebec) or of the United States (except Vermont, Hawaii, Florida, Alaska and Puerto Rico) who are of the age of majority within their place of residence. Entrants are subject to all applicable federal, state and local laws and regulations. Void where prohibited by law. If an entrant is using the aid of computer software programs to auto-fill entries that entrant will be immediately disqualified from the respective Contest. Rypple reserves the right to disqualify all such entrants from future Contests conducted by Rypple without further notice.

Rypple

The contest is sponsored by 2Catalyze, Inc. d/b/a/ Rypple, Suite 600, 20 Eglinton Avenue West, Toronto, Ontario M4R 1K8 Canada.

Responsibility of entrants

Entrants who provide material to, provide links to material from, or otherwise make material available pursuant to their participation in a Contest (hereinafter, “Contributors”) are entirely responsible for the content of, and any harm resulting from, that material. Contributors represent and warrant that:
the materials are authored and developed by entrant without the use of any third party elements or content;
the downloading, copying and use of the materials made available will not infringe the proprietary rights, including but not limited to intellectual property rights, of any third party;
they have fully complied with any third-party licenses relating to such materials, and have done all things necessary to successfully pass through to end users any required terms;
the materials made available do not contain any viruses, worms, Trojan horses or other harmful or destructive content; and
the materials made available are not obscene or libelous, and do not violate the right of privacy or publicity of any third party.

Entrants retain copyright and any other rights they already hold in Materials. Subject at all times to the Rypple Privacy Policy, by submitting, posting or displaying the Materials entrants grant Rypple a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such Materials. Entrants confirm and warrant to Rypple that they have all the rights, power and authority necessary to grant the above license.
Without limiting any of those representations or warranties, Rypple has the right (though not the obligation) to, in Rypple’s sole discretion: (a) remove any content that, in Rypple’s reasonable opinion, violates any of Rypple’s policies or is in any way harmful or objectionable; or (b) require changes in any license agreement relating to any materials made available by any Contributor.

Agreement to Official Rules

By participating in a Contest, entrants agree to abide by the terms and conditions established by Rypple in these rules, the Rypple Terms of Service located at http://rypple.com/legal#TOS, and if applicable, any supplementary terms and conditions specific to a particular Contest. Rypple reserves the right to qualify all submissions and to reject any submissions that do not meet the requirements for participation as established by Rypple.

How to Enter

Entrants may enter Contests pursuant to the method set out in the relevant Contest notices. No purchase is necessary to enter Contests.

Attribution

By entering, all entrants consent to the use by Rypple of all the identifying information provided in the entries for marketing and/or sales promotional purposes without any attribution, identification, right of review or compensation. Entries submitted without complete identifying information will not be eligible to win. Notwithstanding the foregoing, entrants may request that Rypple not use their identifying information for marketing and/or sales promotional purposes.
Rypple reserves the right, in its sole discretion, to cancel or suspend Contests and award a prize from entries received up to the time of termination or suspension should virus, bugs or other causes beyond Rypple’s control, unauthorized human intervention, malfunction, computer problems, phone line or network hardware or software malfunction, which, in the sole opinion of Rypple, corrupt, compromise or materially affect the administration, fairness, security or proper play of the contest or proper submission of entries. Rypple is not liable for any loss, injury or damage caused, whether directly or indirectly, in whole or in part, from participating in this contest.

Prizes, Selection and Notification of Winners

The selection process for Winners will vary by Contest, and will be set out in the relevant Contest notices.
Prize Winners will be notified by email and/or telephone within thirty (30) days of the closing of an Entry Period or upon the completion of the audit review, whichever is longer. If any audit-related questions have not been resolved within thirty (30) days of the closing of the Contest, Rypple will advise entrants of the delay and will fix a new date for the notification of the Prize Winners that shall not exceed sixty (60) days after the closing of the contest. If any Prize Winner does not acknowledge acceptance of a Prize within seven (7) days after being notified that he or she is a Prize Winner, another Prize Winner will be chosen using the same procedure specified above. The Prizes shall be delivered to the Prize Winners at the address provided by the entrants.
Prize Winners will be required to complete a skill-testing question in order to claim their prize. Rypple may require each Prize Winner to sign and return an affidavit of eligibility and liability and publicity release, wherever lawful, as a precondition to award of the Prize. If any Prize Winner fails to sign and return the requested documents to Rypple, that Prize Winner may be disqualified, and the Prize will thereafter be awarded to an alternate Prize Winner from the remaining valid entries using the procedure specified above.

Release and Publicity

By receipt of the Prize and by signing an affidavit of eligibility and liability/publicity release, if requested, each Prize Winner consents to the use of any of his or her name, photo, Twitter username, business name, business logo and address by Rypple for advertising and promotional purposes, without any additional compensation, except where prohibited. Each Prize Winner agrees to release and hold harmless Rypple and its officers, directors, employees, affiliated companies, agents, successors and assigns from and against any claim or cause of action arising out of participation in the contest.

Contest Results and Official Rules

To obtain the identity of the Prize Winners for a Contest and/or a copy of the official rules for a Contest, send a self-addressed stamped envelope to George Babu, 2Catalyze, Inc., Suite 600, 20 Eglinton Avenue West, Toronto M4R 1K8, Ontario, Canada.

Digital Millennium Copyright Act Notice

If you are a copyright owner or an agent of a copyright owner and believe that content available by means of one of Rypple’s websites infringes one or more of your copyrights, please immediately notify Rypple's Copyright Agent by means of emailed, mailed, or faxed notice ("DMCA Notice") and include the information described below. You can review 17 U.S.C. § 512(c)(3) of the Digital Millennium Copyright Act for authoritative detail, or consult your own attorney if you need assistance. If Rypple takes action in response to a DMCA Notice, it will make a good faith attempt to contact the party that made such content available by means of the most recent email address, if any, provided by such party to Rypple. You may be held liable for damages based on certain material misrepresentations contained in a DMCA Notice. Thus, if you are not sure content located on or linked to by the website infringes your copyright, you should consider first contacting an attorney.

All DMCA Notices should include the following:

A signature, electronic or physical, of the owner, or a person authorized to act on behalf of the owner, of an exclusive copyright right that is being infringed;
An identification of the copyrighted work or works that you claim have been infringed;
A description of the nature and location of the material that you claim to infringe your copyright, in sufficient detail to permit to find and positively identify that content, including the URL where it is located;
Your name, address, telephone number, and email address where we can contact you; and
A statement by you: (i) that you believe in good faith that the use of the material that you claim infringes your copyright is not authorized by law, or by the copyright owner or such owner's agent; and, (ii) that all of the information contained in your DMCA Notice is accurate, and under penalty of perjury, that you are either the owner of, or a person authorized to act on behalf an owner of, the exclusive copyright right that is being infringed.

Rypple's designated Copyright Agent to receive notifications of claimed infringement is as follows:
George Babu
Rypple Copyright Agent
Suite 600, 20 Eglinton Avenue West
Toronto, ON M4R 1K8
Email: gbabu@rypple.com
Fax: 647 438 2488

If you fail to comply with all of the requirements of a DMCA notice, Rypple may not act upon your notice.
Rypple will terminate a user's account if, under appropriate circumstances, they are determined to be a repeat infringer.
The contact information provided above also applies to notices that are based on non-U.S. copyrights or trademarks.
Only DMCA Notices, Trademark Notices (which are defined below), and international copyright or trademark notices should go to the copyright agent.
Please be advised that any DMCA Notices sent to Rypple may be sent to third parties.

Trademark Notices

If you are a trademark owner or an agent of a trademark owner and believe that content available by means of one of Rypple’s websites infringes one or more of your trademarks, please immediately notify Rypple’s Copyright Agent by means of emailed, mailed, or faxed notice ("Trademark Notice") and include the information described above for DMCA notices. Rypple handles notices it receives of trademark violations via a process very similar to the DMCA Notice process that is described above for copyrights. In addition to the DMCA Notice requirements, Rypple requires that the entire Trademark Notice be made by the trademark owner (or her agent) under penalty of perjury.

Limitation of Liability

EXCEPT AS OTHERWISE EXPRESSLY STATED, INCLUDING BUT NOT LIMITED TO IN A LICENSE OR OTHER AGREEMENT GOVERNING THE USE OF SPECIFIC CONTENT, ALL CONTENT LOCATED AT OR AVAILABLE FROM Rypple'S WEBSITES IS PROVIDED "AS IS," AND Rypple, ITS CONTRACTORS AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WITHOUT LIMITING THE FOREGOING, MOZILLA, ITS CONTRACTORS AND ITS LICENSORS MAKE NO REPRESENTATION OR WARRANTY THAT CONTENT LOCATED AT Rypple'S WEBSITES IS FREE FROM ERROR OR SUITABLE FOR ANY PURPOSE; NOR THAT THE USE OF SUCH CONTENT WILL NOT INFRINGE ANY THIRD PARTY COPYRIGHTS, TRADEMARKS OR OTHER INTELLECTUAL PROPERTY RIGHTS. ENTRANTS UNDERSTAND AND AGREE THAT THEY OBTAIN CONTENT THROUGH Rypple'S WEBSITES AT THEIR OWN DISCRETION AND RISK, AND THAT Rypple, ITS CONTRACTORS AND ITS LICENSORS WILL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY DAMAGE TO THEIR COMPUTER SYSTEM OR DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH CONTENT. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO SUCH ENTRANTS.