TERMS AND CONDITIONS
NOTICE: Please carefully read this user agreement (hereinafter referred to as "agreement") before using the RATTLE, LLC (a Nevada Limited Liability Company) account (hereinafter “the Rattle Account” and/or “the Account”), the Rattle application and/or Rattle.me web site (hereinafter collectively referred to as “the Application"). Please be advised that your use of the Rattle Account, the Application and any RATTLE, LLC services and/or products are expressly conditioned upon your acceptance of the following terms and conditions. By using the Rattle Account, the Application and any of RATTLE, LLC’s services and/or products you covenant and warrant that you have fully read, understand and consent to all of the terms and conditions contained in this agreement. This agreement shall govern the relationship by and between you and RATTLE, LLC. If you do not agree with any of the terms and conditions, do not use the Application or engage any of RATTLE, LLC’s services or purchase any of RATTLE, LLC’s products.
1. BASIC TERMS. Subject to all of the Terms and Conditions of this Agreement, RATTLE, LLC may offer to provide certain services and/or products, as described more fully on the Rattle.me website. By creating a Rattle Account and/or selecting a product or service from RATTLE, LLC, consent to all of the terms and conditions contained in this Agreement. If you purchase a RATTLE, LLC product and/or service, you accept all of the terms and conditions specific to that product or service. By selecting a product or service, you covenant and warrant that the selected product or service is solely for you own use. You covenant, warrant and agree that no product or service that you have selected is for the benefit of any third party.
2. RATTLE, LLC’S RIGHT TO CHANGE PRODUCTS AND SERVICES. RATTLE, LLC expressly has the right to change, suspend or discontinue any of the products or services offered at any time, including but not limited to the content or functionality of the Application, availability of any feature, or access to any database. In its sole discretion, RATTLE, LLC may also impose limits on access to certain features, applications, products and services and/or it may restrict your access to parts or all of the Application, the features, products and/or services without notice and without liability to you.
3. RIGHT TO UPDATE OR MODIFY THE TERMS AND CONDTIONS. RATTLE, LLC expressly reserves the right to change, modify, and update the Terms and Conditions at any time without prior notice. Your continued use of the Rattle Account and your use each and every time you access or use the Application constitutes your acknowledgment that you have read, understood and agreed to each and every term and condition of the Agreement as contained on the Rattle.me website at the time of your access or use. Therefore, RATTLE, LLC strongly encourages you to review the Terms and Conditions each time you use the Application.
4. AGE AND CAPACITY CERTIFICATION. You covenant, warrant, and certify to RATTLE, LLC that, if you are an individual (i.e., not a business entity such as a corporation, limited liability company, partnership, or trust) and that you are at least 18 years of age. You also covenant, warrant and certify that you are legally permitted to use the Services, establish the Rattle Account, purchase the services and/or products and to access the Application, and that you take full responsibility for your use of the Rattle Account, access to the Application and the obligations you create by your purchase of the services and/or products offered by RATTLE, LLC. If you are under the age of 18, your parent or legal guardian warrants that they have read and agree to all of the terms and conditions specified in this Agreement and shall be responsible for your usage of the Rattle Account and the Application. If your parent or legal guardian does not consent to the terms and conditions specified herein, you may not create or use a Rattle Account. This Agreement is void where prohibited by law, and access to the Application is not permitted by RATTLE, LLC in such jurisdictions
5. TOOLS OF ACCESS. You alone shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Rattle Account, the Application, it’s products and services. The foregoing shall include, but not be limited to, any cell phones, computers, modems, hardware, software, cell phone service and internet access. You alone shall be responsible for ensuring that such equipment or ancillary services are compatible with the Application and its use.
6. APPLICATION ACCESS INTERRUPTION. RATTLE, LLC makes no promise or representation that the Application access or service will not be interrupted or that the Application or any of the services will always be available. RATTLE, LLC shall not be liable in any way for any delay, interruption, or downtime from interruption to or unavailability of access to the Application. You expressly understand and agree that the Rattle Account and/or the Application are not to be depended on as a means of communication. Rather, the Rattle Account and the Application are intended merely as a means of entertainment and enjoyment, although it has a communication component. You shall obtain other reliable services of your own choosing from other third party communication service providers such as, cell phone, telephone and internet services to meet your communication needs.
7. APPLICATION USE. The account, the Application and all of its features, products, services and contents are intended solely for the use of RATTLE, LLC account holders and may only be used in accordance with the terms of this Agreement. No other use is permitted and you warrant and covenant to RATTLE. LLC that you shall not use or permit the Rattle Account, the Application or any of its features, products, services and contents for any use not expressly provided for in this Agreement.
8. APPLICATION CONTENT. All content contained, displayed, and/or performed on the Application or any part thereof (including, but not limited to, text, graphics, photographs, images, articles, audio and/or video files; hereinafter referred to as “Content”) is protected by copyright. Pursuant to U.S. copyright laws, international conventions, and any other applicable copyright laws, the Content as a whole is protected as a collective work and/or compilation. Pursuant to U.S. copyright laws, international conventions, and any other applicable copyright laws, each individual item of Content is also protected by copyright. You agree that use of the Content shall be allowed only as permitted in this Agreement or as specified in the Application. You specifically understand and agree that you may not modify, publish, reproduce, transmit, distribute, display, create derivative works based on, or in any way participate in the modification, publishing, transmission, reproduction, distribution, creation of derivative works, transfer or sale of (except as provided in this section of this Agreement), display, or in any way exploit, in whole or in part, any of the Content or materials contained on the Application. You may download or copy the Content or any portions thereof only for personal use and only as expressly permitted and intended by ordinary site usage. All copyright and other intellectual property notices shall be maintained on all downloaded or permitted copy of the Content. Except as expressly permitted, you shall not store any significant portion of any of the Content in any form. All other personal, commercial, and/or non-commercial use, copying, storing, downloading, publication, modification, dissemination, distribution, or otherwise is expressly forbidden, unless the prior express written permission is provided by RATTLE, LLC or from any actual copyright holder(s). Notwithstanding the foregoing with regard to RATTLE, LLC content and intellectual property, the Rattle content from transmissions created and sent by you, the Rattle user, through your Rattle account via the Rattle application shall be retained by you and RATTLE, LLC shall not own or have claim to said content unless legally compelled.
9. APPLICATION SOFTWARE, PROGRAMS AND SYSTEMS. You agree not to copy, download, distribute, reproduce, modify, reverse engineer, exploit or otherwise any application, software, program, system, or function of the Application in any way, as intellectual property rights are claimed either by RATTLE, LLC or by third parties that have licensed RATTLE, LLC for use on the Application. You also agree that any activity or attempt to gain access to any password, email address, security encryption data, account information or data, user or other private information not belonging to you is strictly prohibited and may be reported to legal authorities and subject you to civil and/or criminal prosecution. Any such activity shall constitute absolute grounds for termination of your right to use or access the Application and/or RATTLE, LLC’s products and services.
10. RESTRICTIONS. You are responsible, and shall be liable for any damages caused by, your activity through the Rattle Account, on the Application and/or its access or any part thereof. Any misuse whatsoever of the Application or its Content shall constitute grounds for termination of your account and access to the Application and/or to access to any of RATTLE, LLC’s products or services and RATTLE, LLC may report any illegal activity and may, in its discretion, civilly and/or criminally prosecute any individual or entity engaged in such activity. RATTLE, LLC expressly reserves the right to report and/or to prosecute any fraudulent, abusive, or otherwise illegal activity (or activity that it reasonably believes to be illegal) in connection with the Application and/or RATTLE, LLC’s products or services.
11. RATTLE, LLC RIGHT TO TERMINATE USE OR ACCESS. RATTLE, LLC expressly reserves the right to terminate your access to the Application or use thereof at any time, without prior notice, in its sole and absolute discretion and without any grounds for such termination.
12. SUBMISSIONS. In the event that you make any submission to RATTLE, LLC via the account or the Application or in any other manner (including, but not limited to, any reviews, comments, questions, suggestions, etc.) (hereinafter referred to as “Submissions”), you hereby irrevocably grant to RATTLE, LLC, it’s affiliates and assigns, the perpetual, exclusive, and transferrable right, in RATTLE, LLC’s sole and absolute discretion, to use, reproduce, adapt, modify, publish, distribute and display any Submissions or any part thereof, in any manner and by any medium throughout the world. You grant RATTLE, LLC the right to use your name as attributable with the Submissions in any use, publication or display of the Submissions that may be viewed by the public at large. You are fully responsible for the content of your Submissions. The submission of any material or content in any manner to or from the Application that is or would be considered unlawful, threatening, libelous, defamatory, obscene, pornographic, or in violation of any third party’s intellectual property or privacy rights is expressly prohibited. You agree that you shall be liable to RATTLE, LLC and/or to any third party for any Submissions that are in violation of this Agreement. RATTLE, LLC expressly reserves the right to report any Submissions, without notice to you, that are illegal or in violation of any third party’s rights to law enforcement and/or to any third party that may be affected by your improper Submissions.
13. TRANSMISSIONS. You are fully responsible for the content of your transmissions through your Rattle Account on the Application. The transmission of any material or content in any manner to or from the Application that is or would be considered unlawful, threatening, libelous, defamatory, obscene, pornographic, or in violation of any third party’s copyright, trademark or other intellectual property or privacy rights is expressly prohibited. You agree that you shall be liable to RATTLE, LLC and/or to any third party for any transmission that are in violation of this Agreement. RATTLE, LLC expressly reserves the right to report any transmission, without notice to you, that is illegal or in violation of any third party’s rights to law enforcement and/or to any third party that may be affected by your improper Submissions.
14. PRIVACY. RATTLE, LLC agrees to take reasonable measures to protect your privacy. This provision shall be governed by RATTLE, LLC’s current Privacy Policies. Please review RATTLE, LLC’s current Privacy Policies and practices by clicking the Privacy Policy link at the bottom of this page.
15. NO WARRANTY – GENERAL DISCLAIMER. You acknowledge that your use of and access to the Rattle Account, the Application and all content of the website, the Application, features, services and/or products used, ordered or requested are at your initiation. You acknowledge that it is impossible for RATTLE, LLC to police or to control each user of the Application. You acknowledge and agree that RATTLE, LLC has no fiduciary or special relationship with you whatsoever. You alone are responsible for your access to the Application, the content that you access, and your actions that you take while using the Rattle Account and the Application or after having been exposed to the content on the Application. While RATTLE, LLC tries to ensure that offensive or inappropriate content does not appear on the Rattle.me website, the website or the Application may direct you to other sites that have offensive or inappropriate content. RATTLE, LLC does not make any warranty or representation whatsoever about its content or the content any third party sites, their content, their products, services, representations, or any other matters. You acknowledge that RATTLE, LLC is in no way responsible and that you shall hold RATTLE, LLC harmless from any liability whatsoever from your having obtained access to any content or sites through the Rattle Account or the Application. You acknowledge that RATTLE, LLC is not responsible and makes no representations of warranty for any copyright compliance, legality, accuracy, appropriateness, decency, or otherwise for any content accessed through the Rattle Account or the Application. All products, services, content, software, programs, processes, and otherwise contained on or accessed through the Rattle Account or the Application is provided on an “as is” basis, without warranties of any nature or kind, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, or of copyright, trademark, patent or other intellectual property non-infringement. This disclaimer is subject to any applicable state or federal prohibitions on limitations of liability.
16. ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 U.S.C. && 2701-2711). RATTLE, LLC makes no guaranty of confidentiality or privacy of any communication or information transmitted from the Rattle Account, on the Application or any web site linked to the Application. RATTLE, LLC will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on RATTLE, LLC's equipment, transmitted over networks accessed by the Application, or otherwise connected with your use of the Services.
17. INDEMNITY. You agree to defend, indemnify and hold harmless RATTLE, LLC, its affiliated companies and their respective officers, directors, shareholders, members, employees, affiliates, and agents, from and against any and all claims, actions, demands, damages, losses, liabilities, costs, or expenses, including, without limitation, reasonable legal fees and costs, resulting from or in any way arising out of your breach of this Agreement, your use of the Application, user submissions submitted by you, or your use of any information obtained from the Application or any Content.
18. LIMITATION OF LIABILITY. Under no circumstances shall RATTLE, LLC, its affiliates or any of their employees, directors, officers, members, agents, affiliates, vendors or suppliers be liable for any direct or indirect losses or damages arising out of or in connection with your use or misuse of or inability to use the Application. This is a comprehensive limitation of liability that applies to all losses and damages of any kind (whether general, special, consequential, incidental, exemplary or otherwise, including, without limitation, loss of data, income or profits), whether by statute, law or in contract, negligence or other tortious action, even if an authorized representative of RATTLE, LLC or its affiliates has been advised or should have known of the possibility of such damages. If you are dissatisfied with the Rattle Account, the Application or any content on the Application, or with the Terms and Conditions, your sole and exclusive remedy is to discontinue using the Rattle Account and the Application. You acknowledge, by your use of the Rattle Account and the Application, that your use of the account and the Application is at your sole risk. In the event that any applicable law does not allow the limitation of liability set forth above, the limitation of liability may not apply to you. This limitation of liability shall be construed to protect RATTLE, LLC to the fullest extent allowable by applicable law. If any part of this limitation of liability is found to be invalid, inapplicable or unenforceable for any reason, then you expressly acknowledge and agree that the total aggregate liability of RATTLE, LLC and/or its affiliates shall not exceed the sum of Two Hundred and Fifty U.S. dollars (U.S. $250.00).
19. FEES AND PAYMENT. Rattle service is free. At some point, Rattle may offer a premium service. In addition, RATTLE, LLC reserves the right to convert all service to a paid application. If this happens, you will be notified and give ample opportunity to upgrade your service or cancel.
20. LINKS. The Application may contain links to other web sites and/or service and product providers. Such links are provided solely as a convenience to you. RATTLE, LLC does not endorse any such third party providers, their web sites, their services, their products, their content or otherwise. You expressly agree that neither RATTLE, LLC nor its affiliates shall be responsible or in any way liable for any third party provider’s services, products, web sites, contents, or otherwise. You agree that any access to any third party web sites, service and/or product providers through the RATTLE, LLC Site is at your own risk.
21. ATTORNEY’S FEES/COSTS. In the event of any litigation, arbitration or other dispute arising as a result of or by reason of the Agreement, the prevailing party in any such litigation, arbitration or other dispute shall be entitled to, in addition to any other damages assessed, its reasonable attorney’s fees, and all other costs and expenses incurred in connection with settling or resolving such dispute, at law or in equity.
22. GOVERNING LAW. This Agreement shall be governed by, and interpreted in accordance with the laws of the State of Nevada. The parties hereby agree that any legal action or proceeding shall be brought in the courts of the State of Nevada located in Clark County. The parties further agree to submit to the jurisdiction of the State of Nevada and consent to the service of process in accordance with applicable procedures and rules of said jurisdiction.
23. INJUNCTIVE RELIEF. You acknowledge that a violation or attempted violation of this Agreement will cause irreparable damage to RATTLE, LLC, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. As such, you agree that RATTLE, LLC shall be entitled to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of this Agreement by you, or your affiliates, partners, or agents, in addition to an award against you for any and all costs and expenses sustained or incurred by RATTLE, LLC in obtaining such an injunction, including, without limitation, reasonable attorney's fees and court costs. You expressly agree that no bond or other security shall be required in connection with such injunction.
24. SEVERABILITY. If any term or provision of this Agreement or the application thereof to any person or circumstance shall be invalid or unenforceable to any extent, the remainder of this Agreement and the application of such provision to other persons or circumstances shall not be affected thereby and shall be enforced to the greatest extent permitted by law.
25. ASSIGNMENT. You agree that you may not transfer or assign any of your rights or obligations under this Agreement under any circumstances. RATTLE, LLC shall have the right to assign its rights, duties and obligations under this Agreement in its discretion without prior notice to you.
26. CONSTRUCTION. Throughout this Agreement, the masculine, feminine, or neuter genders shall be deemed to include the masculine, feminine, and neuter and the singular, the plural, and vice versa. The section headings of this Agreement are for convenience of reference only and do not form a part hereof and do not in any way modify, interpret, or construe the intentions of the parties.
27. TERMINATION. Either party may terminate the Services at any time by notifying the other party by any means. RATTLE, LLC may also terminate or suspend any and all Services and access to the Application immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. In the event of any termination, all terms and provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers and limitations of liability.
28. NOTIFICATION AND CONTACT INFORMATION. You agree that all communication and any notices permitted or required under this Agreement from RATTLE, LLC to you, shall be effective delivery to you upon dispatch via electronic means, including posting on the Application and/or electronic mail (“email”) to the email address that you have provided to RATTLE, LLC.
29. NO LEGAL ADVICE BY RATTLE, LLC. If you have any questions about or you do not understand this Agreement or any part thereof, please seek the counsel and advice from a qualified attorney. You expressly understand and agree that you are not relying on any representation or explanation by RATTLE, LLC or any of its employees, agents or affiliates with respect to the meaning or legal effect of any term, condition, provision or any part of this Agreement.
30. NOTICES TO RATTLE, LLC. To be effective, any notices or communication that you may be required to give to RATTLE, LLC under this Agreement must be made both by email to: support@rattle.me and by U.S. certified mail, return receipt requested directed to RATTLE, LLC:
RATTLE, LLC
8536 SW Saint Helens Dr., Suite B
Wilsonville OR 97070
USA
31. PROBLEMS OUTSIDE OF RATTLE, LLC’S CONTROL. RATTLE, LLC shall not be liable for any act, omission, or failure that results from any third party or is occasioned by a cause beyond RATTLE, LLC's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference).
32. NO THIRD PARTY RIGHTS. Except as otherwise expressly specified elsewhere in this Agreement, no third party shall have any rights hereunder. You expressly covenant, warrant and agree that you are not acting on behalf of any other party or for the benefit of any third party.
33. ENTIRE AGREEMENT/MODIFICATION/NO WAIVER. This Agreement contains the entire understanding of the parties with respect to the subject matter of the Agreement, and it supersedes all prior understanding and agreements, whether written or oral, and all prior dealing of the parties with respect to the subject matter hereof. Except as otherwise provided for elsewhere in this Agreement, this Agreement, in whole or in part, cannot be changed, modified, extended, or discharged orally and no waiver of compliance with any provision or condition hereof and no consent duly executed by the party against whom enforcement of any waiver, change, modification, extension, or discharge is sought. Further, no consent or waiver, express or implied, to or of any breach or default shall constitute a consent or waiver to or of any other breach.
