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Terms of Use

Terms of Use

Risk Placement Services, Inc., an Illinois corporation, and/or its affiliated companies ("we," "our," or "RPS") own and operate the RPSins.com website and any derivative website on which these Terms of Use are posted. We have adopted these Terms of Use ("Terms of Use" or "Agreement") to make you aware of the terms and conditions of your use of the www.RPSins.com website, any derivative websites on which these Terms of Use are posted, and any Content or other products or services that are offered or provided via the aforementioned websites (collectively, the "Website"). If you purport to be the agent of, represent, or otherwise act on behalf of an entity or any other person, references to "you," "your" or "User" shall include such entity or person in addition to you, and your acceptance of this Agreement shall constitute acceptance on behalf of such entity or person.

RPS reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Use at any time by posting such changes to this page. If you have previously registered an account, RPS will endeavor to notify you of such changes via the email address you provided to RPS. You understand that you have the affirmative obligation to check these Terms of Use periodically for changes, and you hereby agree to periodically review these Terms of Use for such changes. The continued use of the Website following the posting of changes to these Terms of Use will constitute your acceptance of those changes. 

By using or otherwise accessing the website, creating, registering or accessing an account, posting or downloading content, or any other information to or from the website, purchasing any products or services via the website or manifesting your assent to these terms of use in any other manner, you hereby unequivocally and expressly agree to, and shall be subject to, these terms of use. If you do not unequivocally agree to these terms of use, you may not use or otherwise access the website, create, register or access an account, post or download content, or any other information to or from the website, or purchase any products or services via the website.

General Terms of Use & Restrictions

RPS hereby grants you a limited, nonexclusive, nonassignable, nontransferable license to access and use the Website solely for the noncommercial, personal use of User or the internal business needs of the entity of which User is an authorized representative, as the case may be, subject to your agreement to, compliance with and satisfaction of these Terms of Use. RPS may provide certain services or Content provided by RPS via the Website on a subscription basis (the "Subscription Content"). Upon payment of any applicable fees or other charges associated with such subscription, RPS grants you a limited, non-exclusive, nonassignable, nontransferable license to access and use such Subscription Content for the term of the subscription solely for the noncommercial, personal use of User or the internal business needs of the entity of which User is an authorized representative, as the case may be, and subject to your agreement to, compliance with and satisfaction of these Terms of Use. All rights not otherwise expressly granted by these Terms of Use are reserved by RPS. If you do not comply with the Terms of Use at any time, RPS reserves the right to revoke the aforementioned license(s), limit your access to the Website or restrict your ability to post or download Content, or order products and services. You agree not to reproduce, duplicate, copy, distribute, transmit, sell, trade, resell or exploit for any purpose any portion of or any information from the Website. You may not obscure or remove any proprietary rights notices contained in or on the Content. You are solely responsible for providing, maintaining and ensuring the compatibility of all hardware, software, electrical and other physical requirements necessary for your access to and use of the Website or any part thereof.

RPS may discontinue or alter any aspect of the Website, remove Content from the Website, restrict the time the Website is available or restrict the amount of use permitted at RPS’s sole discretion and without prior notice or liability. You agree that RPS may, under certain circumstances, immediately suspend and/or terminate your access to the Website or any part thereof. Cause for such measures shall include, without limitation: (a) breaches or violations of these Terms of Use or other incorporated agreements or guidelines; (b) discontinuance or material modification to the Website; (c) unexpected technical or security issues or problems; (d) extended periods of inactivity; and/or (e) engagement by you in fraudulent or illegal activities. You further agree that such measures shall be taken in RPS’s sole discretion and without liability to you or any third party. 

For purposes of these Terms of Use, references to "post" or "posting" shall refer to any manner of posting, transmitting, uploading, providing, making available or otherwise transferring material or information.

 

User Representation

You hereby represent and warrant to RPS that: (a) you (i) are over the age of eighteen (18), (ii) are an emancipated minor under the laws of your jurisdiction of domicile and/or residence, (iii) possess legal parental or guardian consent or (iv) otherwise have the power and authority to enter into and perform your obligations under this Agreement; (b) all information provided by you to RPS is truthful, accurate and complete; (c) you are an authorized signatory of the credit or debit card or other method of payment that you provide to RPS or its third-party payment processor to pay the purchase price and any applicable fees or taxes related to your purchases of products and/or services via the Website; (d) you will comply with the terms and conditions of these Terms of Use and any other agreement to which you are subject that is related to your use of the Website, Content or any part thereof; (e) you have provided and will maintain accurate and complete registration information with RPS, including, without limitation, your legal name, email address and any other information RPS may reasonably require; (f) your access to and use of the Website or any part thereof and/or purchase and use of any products or services will not constitute a breach or violation of any other agreement, contract, terms of use or any law or regulation to which you are subject; (g) you will immediately notify RPS in the event that you learn or suspect that your registration information, username or password has been disclosed or otherwise made known to any other person;(h) you will not use the Website to gain competitive intelligence about RPS, the Website, or any product or service offered via the Website or to otherwise compete with RPS or its affiliates; and (i) if you purport to be the agent of, represent or otherwise act on behalf of an entity or any other person, that you are in fact an authorized representative of such entity or other person.

If you provide any Feedback via the Website, you hereby make the following additional representations and warranties to RPS: (1) you are owner of such Feedback or otherwise have the right to grant RPS the licenses or assignments granted pursuant to this Agreement; (2) you have secured any and all consents necessary to post the Feedback and to grant the foregoing licenses or assignments; (3) the Feedback does not violate the rights of any third party, including, without limitation, the intellectual property, privacy or publicity rights of any third party, and such Feedback does not contain any personally identifiable information about third parties in violation of such parties’ rights; (4) the use of any Feedback will not result in harm or personal injury to any third party; and (5) all factual information contained in the Feedback is true and accurate.

Terms of Use Call Outs

Accounts

For certain aspects of the Website, you may be asked to register an account. In the event you agree to register an account, you will select and/or receive a username and password upon providing registration information and successfully completing the registration process. This account is personal to you, and you will not share it or allow any other person to utilize your account. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password. You agree to immediately notify RPS in the event (a) your registration information changes, or (b) you learn of or have reason to suspect any unauthorized use of your account or any other breach of security. You also agree that you will provide truthful and accurate information during the registration process.  RPS may refuse to grant a particular username to you for any reason, including, without limitation, in the event RPS determines that such username impersonates someone else, is protected by trademark or other proprietary right law or is vulgar or otherwise offensive.

 

Content

You acknowledge that the Website may contain or provide access to information, software, photos, video, text, graphics, music, sounds or other material provided by RPS or third parties (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets or other intellectual property laws, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. For the avoidance of doubt, references to Content shall include Subscription Content.

 

Feedback

We welcome your comments, feedback, information, or materials regarding the Website, Content, or RPS’s products or services (collectively, "Feedback"). If you submit Feedback to RPS, please note that your Feedback shall become the property of RPS. By submitting your Feedback to RPS, you agree to assign, and hereby irrevocably assign to RPS, all right, title, and interest in and to the Feedback and all copyrights and other intellectual property rights embodied in such Feedback on a worldwide basis.  RPS shall be free to use your Feedback on an unrestricted basis. You hereby assign and/or waive, as the case may be, any moral rights that you may have in or to the Feedback.

 

Intellectual Property

Unless otherwise specifically noted in these Terms of Use, images, trademarks, service marks, logos and icons displayed on the Website, including, without limitation, Risk Placement Services, Inc. and the respective logos are the property of RPS and/or their licensors and may not be used without RPS’ prior written consent. Trademarks owned by third parties are the property of those respective third parties. The Website, including, without limitation, the Subscription Content, is the copyrighted property of RPS, and it may not be reproduced, recreated, modified, accessed or used in any manner or disseminated or distributed to any other party in violation of these Terms of Use. Any unauthorized use of any Content, whether owned by RPS or other parties, may violate copyright laws, trademark laws, privacy and publicity laws and communications regulations and statutes. You will not copy, reverse engineer, disassemble, decompile, translate, modify, reproduce, republish, transmit, sell, offer for sale, disseminate or redistribute the intellectual property found in the Website or any part thereof or grant any other person or entity the right or access to do so.

 

Links

The Website may provide, or third parties may provide, links to other websites or resources on the Internet.  Because RPS has no control over such websites or resources, you acknowledge and agree that RPS is not responsible for the availability of such external websites or resources, and RPS does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such websites or resources or for any privacy or other practices of the third parties operating those websites or resources.  You further acknowledge and agree that RPS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such Content, goods or services available on or through any such website or resource.  RPS strongly encourages you to review any separate terms of use and privacy policies governing use of these third party websites and resources.

 

Purchases

RPS may allow users to place Orders for products, subscriptions and/or services via the Website or through its third-party affiliate. "Order" shall mean any order placed by a user for products, subscriptions, and/or services via the Website that is accepted by RPS. If you place an Order to purchase products, subscriptions, and/or services, you are subject to the additional terms of this section. Please note that you may be directed to a third-party website to make such purchases, in which case the purchase terms in this section do not apply, and your purchase will be governed by the terms of such third-party website. By making such purchases, you hereby agree that RPS has no responsibility, and shall have no liability, for any claim related to your purchases on such third-party websites.

Upon placing an Order, you shall pay to RPS the purchase price as set forth in the "Shopping Cart" or similar ordering mechanism. RPS or its third-party affiliates may utilize the services of certain third-party payment processors to process payments of credit cards and other accepted methods of payment. Your purchase is subject to any additional terms and conditions imposed by such third-party payment processors. The purchase price and any applicable fees or taxes shall be applied to your chosen method of payment upon submission of your order. 

Prices and availability of products are subject to change without notice. Errors will be corrected where discovered, and RPS reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your payment method accepted and charged. In the event your payment method has been accepted and charged, RPS will issue you the appropriate credit within a reasonable time after your order has been revoked.

In the event you purchase a product that must be shipped to you, such products will be shipped by RPS and/or its third-party contractors within a reasonable time after processing of your order. Shipment time will vary depending on the shipping method and service you select. RPS does not guarantee delivery at any certain time and is not responsible for shipping delays. 

In the event you purchase products that embody or otherwise contain Content owned by RPS or other parties, you agree to the following restrictions regarding such products and the Content or other information contained or embodied therein: (a) you may not resell any Content or otherwise profit from its use or display; (b) you may not, nor will you allow any other party to, reproduce, modify, edit, adapt, publish, translate, display, distribute, sell, sublicense or create derivative works or compilations incorporating such Content without the express permission of the owner of such Content; (c) you will not otherwise violate any additional legal or contractual restrictions governing use of the Content; and (d) you will not obscure or remove any proprietary rights notices contained in or on the Content.

In the event you purchase subscriptions and/or services that embody or otherwise contain Subscription Content, you agree to the following restrictions regarding such Subscription Content or other information contained or embodied therein: (a) such Subscription Content (i) is the confidential information of RPS, (ii) you may use the Subscription Content for your personal or internal business needs only in accordance with the terms of this Agreement, (iii) you may not disclose the Subscription Content to third parties, and (iv) you will use best efforts to safeguard such Subscription Content from unauthorized use or disclosure; (b) you may not resell any Subscription Content or otherwise profit from its use or display; (c) you may not, nor will you allow any other party to, reproduce, modify, edit, adapt, publish, translate, display, distribute, sell, sublicense or create derivative works or compilations incorporating such Subscription Content; (d) you will not otherwise violate any additional legal or contractual restrictions governing use of the Subscription Content; and (e) you will not obscure or remove any proprietary rights notices contained in or on the Subscription Content.

In the event a product ordered by you is damaged upon receipt, RPS, at its sole option, may provide a replacement product or refund the purchase price. Damaged products which RPS will accept for return or refund include products that are missing, torn or physically damaged or inoperable.

 

Widgets

We may deliver Content on the Website via widgets provided by third parties ("Widgets") or allow third parties to post Widgets. These Widgets are controlled by third party content providers ("Widget Providers"). We do not endorse and are not responsible or liable for any Content, advertising, products, or other materials on or available through such Widgets. The Widgets may use "cookies" or otherwise gather or collect information about you, including by asking you to provide information through such Widgets. Your use of these Widgets, and the privacy practices of the Widget Providers, are governed by the applicable Widget Providers’ separate terms of use and privacy policies, if any. We strongly encourages you to review any separate terms of use and privacy policies governing use of these Widgets.

Privacy Policy

RPS collects, stores and uses data collected from you in accordance with RPS’ Privacy Policy, located hereThe terms and conditions of the Privacy Policy are hereby expressly incorporated into these Terms of Use.

Governing Law & Terms

Termination

This Agreement is effective upon your unequivocal acceptance as set forth herein and shall continue in full force until terminated. You agree that RPS, in its sole discretion, may terminate your use of the Website or any part thereof upon prior notice, and remove and discard any Content, in the event you violate these Terms of Use. You agree that RPS may immediately suspend your account and your access to the Website or any part thereof in order to conduct an investigation in the event it believes you have violated these Terms of Use or if it determines that you are a repeat infringer of another’s intellectual property or other rights. RPS may also, in its sole discretion and at any time, discontinue providing the Website, any part thereof, any Content or any products or services advertised thereon, with or without notice. In addition to any other method of termination or suspension provided for in this Agreement, RPS reserves the right to terminate this Agreement at any time and for any reason upon ten (10) days notice to you. Further, you agree that RPS shall not be liable to you or any third-party for any termination or suspension of your access to the Website or any part thereof, removal of Content or sale of any products. You may terminate this Agreement at any time by immediately discontinuing all access to the Website and by providing notice to RPS of such discontinuance. Termination or cancellation of this Agreement shall not affect any right or relief to which RPS may be entitled at law or in equity. Upon termination of this Agreement, you shall terminate all use of the Website and any Content provided thereby. In the event of termination, you will not be entitled to any refund of any fees or other charges, if any, paid in connection with this Agreement.

 

Governing Law & Other Miscellaneous Terms

The parties and their respective personnel are and shall be independent contractors, and neither party by virtue of this Agreement shall have any right, power or authority to act or create any obligation, express or implied, on behalf of the other party. 

You acknowledge and agree that any expenses that you incur in furtherance of this Agreement are voluntary in nature and are made with the knowledge that this Agreement may be terminated as provided herein.  You shall not make a claim against RPS, and RPS shall not be liable with respect to the recoupment of any expenditures or investment made by you in anticipation of the continuation of this Agreement beyond the term hereof.

The parties agree that breach of the provisions of this Agreement would cause irreparable harm and significant injury to RPS which would be both difficult to ascertain and which would not be compensable by damages alone. As such, the parties agree that RPS has the right to enforce the provisions of this Agreement by injunction (without necessity of posting bond), specific performance or other equitable relief without prejudice to any other rights and remedies RPS may have for your breach of this Agreement.

The validity and effect of these Terms of Use shall be governed by, and construed and enforced in accordance with the laws of the State of Illinois, without regard to its conflicts or choice of laws principles.  Any suit, action or proceeding concerning or relating to the website, its use, these terms of use, any sale or any other product, service, policy or procedure of RPS, must be brought exclusively in a court of competent jurisdiction in the state of Illinois, and you hereby irrevocably consent to the jurisdiction of such court (and of the appropriate appellate courts there from) in any such suit, action or proceeding, you irrevocably waive, to the fullest extent permitted by applicable law, any objection which you may now or hereafter have to the laying of venue of any such suit, action or proceeding in any such court or that any such suit, action or proceeding which is brought in any such court has been brought in an inconvenient or improper forum. 

If any action at law or in equity is necessary to enforce the terms of this Agreement, the prevailing party will be entitled to reasonable fees of attorneys, accountants and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled.

The captions and headings of this Agreement are included for ease of reference only and will be disregarded in interpreting and construing this Agreement. 

If the performance of any part of this Agreement by either party (other than payment of money) is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor dispute, act of God, telecommunications failure or any other cause beyond the control of either party, that party shall be excused from such performance to the extent that it is prevented, hindered or delayed by such cause.

This Agreement, including any other agreements or additional terms referenced herein, constitutes the complete and exclusive statement of the Agreement between the parties with respect to the Website, Content, and products and services offered via the Website, and, unless otherwise expressly provided herein, it supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning the Website, Content, and products and services sold via the Website. If any provision of this Agreement is found unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision. As so reformed or modified, the court shall fully enforce this Agreement. The provisions of this Agreement that by their content are intended to survive the expiration or termination of this Agreement, including, without limitation, provisions governing ownership and use of intellectual property, representations, disclaimers, warranties, liability, indemnification, governing law, jurisdiction, venue, remedies, rights after termination and interpretation of this Agreement, will survive the expiration or termination of this Agreement for their full statutory period.

The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to this Agreement.

RPS makes no representation that the Website, Content or other material or information on the Website is appropriate to or available in locations outside of the United States. You may not use the Website or export Content in violation of United States export laws, regulations or restrictions. If you access the Website from outside of the United States, you are responsible for compliance with all applicable laws.