By using any of the Services and the App, You expressly agree to be bound by these terms and all applicable laws and regulations governing the App and the Services. The terms form a legally binding agreement between you and us in relation to your use of the App and/or the Services and applies to all users of the Services, whether registered or not, on the App.
We may, at our sole discretion, modify or revise these Terms of Service and policies at any time by giving notice on our App and/or through the Services, and you agree to be bound by such modifications or revisions. Although Rate My Drip may attempt to notify you, when major changes are made to these Terms of Service, you should periodically click on our Terms of Service to review any updates. All changes shall be effective immediately when we post them and shall apply to all access to and use of our App thereafter. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits hereunder.
These Terms of Service govern your and our rights and obligations with respect to any pictures, videos, information, tags, messages, graphics or other materials and any “collections” of the foregoing (collectively, the "Content"), Shared, uploaded, transmitted, tagged or posted (altogether, "Posted") by you or our other users in connection with the Services. If you do not agree to be bound by these Terms of Service, you are not permitted to use our Services.
Member is a person or Rate My Drip who completes Rate My Drip’s account registration process.
Third Party Websites are the website links of third parties on this platform.
Representative is, an entity and its Affiliate(s), any director, officer, employee, consultant, contractor, agent, and attorney associated with the Rate My Drip.
Commencement Date means the date on which this Agreement takes effect.
Content means report text, web chat, graphics, emoji’s, images, music, software, audio, video, information or other materials.
Collective Content means Member Content and Rate My Drip’s Content.
Rate My Drip Content means all Content that Rate My Drip make available through the Website, Application, Services, or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding Member Content.
Drip Post means a of post/content shared by the Member.
Drip means Liking the post shared by the Member.
A. You are responsible for your use of our Services, for any Content you Post using the Services, and for any consequences or liability arising therefrom. As part of the Services, you will be provided the opportunity to contribute Content to the Rate My Drip community by posting the content “Drip Post” and pressing the “Dripping” sign i.e. liking the post. As such, you should only provide Content you are comfortable sharing under this Terms of Service.
B. The Services may include advertisements targeted to users, Content or queries made through the Services, or other information. The types and extent of advertising by us on the Services are subject to change. In consideration for us granting you access to and use of the Services, you agree that we and our third-party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others. You acknowledge that we may not always identify paid services, sponsored Content or commercial communications as such.
C. The Services that we provide are always evolving and the form and nature of the Services may change from time to time without prior notice to you.
D. You are solely responsible for your interaction with other users of the Services, whether online or offline. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other use.
A. Rate My Drip and/or its third-party licensors retain ownership of all intellectual property rights in this App, the Services and any software and mobile applications. However, we do not claim any ownership in the Content you or our other users Post.
B. So that Rate My Drip can operate, maintain, market and improve our mobile applications and our Services and our users can use and enjoy the same, when you Post Content through our Services (including any Content you have Dripped), you give Rate My Drip, its affiliates and its third-party providers and partners a non-exclusive, worldwide, royalty-free, sub licensable, transferable right and license to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which the Services are available), copy and create derivative works of such Content (either alone or as part of a collective work). As part of the foregoing license grant (the "User Content License"), and without limiting the User Content License, you agree that (i) the other users of our Services shall have the right to comment on your Content and/or to use, publish, display, modify or include a copy of your Content as part of their own user profile and Dripped Content ("Re-Dripping") and (ii) we have the right to make any of your publicly-Posted Content available to third parties, so that those third parties can distribute, make derivative works of, comment on and/or analyze your Content on other media and services (either alone or as part of a collective work). For the avoidance of doubt, you agree that our third-party content providers, partners and advertisers may display or feature any Content that you Post through our Services in their own Content and promotional material on our App, including in their profiles on our App.
C. Because of the social nature of Content shared through our Services, when you Post something publicly on our App or through our Services, others may choose to add descriptive commentary and tags to your Content and/or to Re-Drip your Content, making your Content part of a social conversation that cannot later be erased without retroactively censoring the speech of others and/or removing Content from another user’s profile. You may adjust your privacy settings to make certain portions of your profile private, but the content that you post will still be available through our Services, and others may choose to add descriptive commentary and tags to your Content and/or to Re-Drip your Content. As such, and in order to maintain the integrity of the Services, you agree that the rights that you have granted under the User Content License will continue to survive in perpetuity even if you stop using the Services or your account is otherwise terminated.
D. Upon termination of your Account or upon your deletion of any Content from the Services, Rate My Drip shall make reasonable efforts to disassociate such Content from your User Account; however, you acknowledge and agree that: (a) caching of, copies of, or references to such Content may not be immediately removed; (b) such removed Content may persist in backups for a reasonable period of time; and (c) such removed Content may continue to be publicly available (and stored on our or third party servers) through the accounts of other users, if the same has been Re-Dripped.
E. We do not review new Content prior to it being Posted on our App or through the Services. By Posting Content to our server, you guarantee us that you have the right to make this Content available for use in accordance herewith. You further agree that Content you Post through the Service will not contain third-party copyrighted material, or material that is subject to other third-party rights (including rights relating to publicity and privacy), unless you have permission from the rightful owner of the material or you are otherwise legally entitled to Post the material and to grant Rate My Drip all of the license rights granted herein. You must not use any Third-Party’s copyrighted content for your own commercial purposes.
F. Any use or reliance on Content Posted using the Services or obtained by you through the Services, including any Content you “Re-drip” i.e. Re-Drip, is at your own risk.
We do not guarantee, support or represent the completeness, reliability, truthfulness or accuracy of any Content
appearing on our App or the Services. You understand that by using the Services, you may be exposed to Content you may find
offensive, inaccurate or otherwise inappropriate, deceptive or in some cases, mislabeled. We expressly disclaim any liability
for any Content, including, but not limited to, any errors or omissions within any Content, or any loss or damage of any kind
incurred as a result of the use of any Content Posted, emailed or otherwise made available via the Services.
We reserve the right to remove hosted content and take technical and legal steps to bar users from our App and/or the Services if we believe them to be in violation of these Terms of Service. If you feel that any Content currently Posted on our App or the Services is in violation of these Terms of Service, please click on the "Report this Entry" link next to the non-compliant Content and follow the instructions provided.
You agree that Rate My Drip does not endorse or have any control over User Generated Content submitted by you or others and accepts no responsibility whatsoever in connection with or arising therefrom.
You agree that we have access to all communications and such communications may be retained by us for our internal records.
We reserve the right, but have no obligation, to: (a) monitor any communications within Rate My Drip; including, without limitation, to ensure that appropriate standards of online conduct are being observed, and (b) immediately or at any time remove any content that we deem objectionable or unsuitable in our sole discretion. Rate My Drip does not endorse, approve, or prescreen any content that you or other users/members post or communicate on or through Rate My Drip. Rate My Drip does not assume any responsibility or liability for any content that is generated, posted or communicated by any users/members on or through Rate My Drip. You agree to indemnify Rate My Drip and each of their respective employees, contractors, officers, directors, agents, representatives, vendors and content providers from any liability or damages arising out of or resulting from any content you post or communicate on or through Rate My Drip.
• Creating fake profiles
• Posting, transmitting, promoting, or distributing any content that is illegal.
• Harassing or threatening any other user of Rate My Drip or any employee or contractor of Rate My Drip.
• That promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
• Advocates harassment or intimidation of another person;
• Requests money from, or is intended to otherwise defraud, other users of the Service;
• Contains video, audio photographs, or images of another person without his or her permission;
• Promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
• Provides material that exploits people in a sexual, violent or other illegal manner, or solicits personal information from anyone under the age of 21;
• Provides instructional information about illegal activities such as making or buying illegal weapons or drugs, violating someone’s privacy, or providing, disseminating or creating computer viruses;
• Impersonating another person, indicating that you are a Rate My Drip employee or a representative of Rate My Drip (if you are not), or attempting to mislead users by indicating that you represent Rate My Drip in any way.
• Attempting to obtain a password, other account information, or other private information from any other user of a Rate My Drip.
• Uploading any software, files, photos, images or any other content to Rate My Drip that you do not own or have the legal right to freely distribute, or that contain a virus or corrupted data, or any other malicious or invasive code or program.
• Posting messages for any purpose other than personal communication, including without limitation advertising, promotional materials, chain letters, pyramid schemes, political campaigning, soliciting funds, mass mailings and sending "spam", or making any commercial use of any Rate My Drip.
• Disrupting the normal flow of dialogue, or otherwise acting in a manner that negatively affects or disrupts other users.
• Posting or communicating any User’s real-world personal information within a Rate My Drip platform.
• Uploading or transmitting, or attempting to upload or transmit, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, gifs, 1x1 pixels, web bugs, and other similar devices.
• Using or launching any automated system, including, without limitation, any spider, bot, cheat utility, scraper or offline reader that accesses Rate My Drip, or using or launching any unauthorized script or other software.
• Using a false e-mail address or otherwise disguising the source of any content that you submit within Rate My Drip, or using tools which anonymize your internet protocol address.
• Interfering or circumventing any Rate My Drip security feature or any feature that restricts or enforces limitations on use of or access to Rate My Drip.
• Attempting to sell any part of Rate My Drip, including, without limitation, any virtual items (if applicable), Rate My Drip accounts and access to them in exchange for real currency or items of monetary or other value.
• Engaging in cheating or any other activity that Rate My Drip deems to be in conflict with the spirit of Rate My Drip.
You are solely responsible for your interactions with other users. You understand that we currently do not conduct criminal background checks or screenings on its users. The Rate My Drip also does not inquire into the backgrounds of all of its users or attempt to verify the statements of its users. The Rate My Drip makes no representations or warranties as to the conduct of users or their compatibility with any current or future users. The Rate My Drip reserves the right to conduct any criminal background check or other screenings (such as sex offender registry searches), at any time and using available public records.
In no event shall we, our affiliates or our partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to your conduct or of anyone else in connection with the use of the Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users or persons you meet through the Service.
You agree that all information that you submit upon creation of your account, including information submitted from through your Social Media Accounts, is accurate and truthful and you have the right to post the Content on the Service and grant the license to Rate My Drip.
You acknowledged and agree that any Content you place on the Service may be viewed by other users/members and may be viewed by any person visiting or participating in the Service which may result in forming an opinion about you.
Generally, a User Account will be considered active until we receive a user request to deactivate or delete it. Rate My Drip takes steps to verify the credentials and authenticity of its members and users. We do not guarantee that the App or any content contained on the App will always be available or be uninterrupted. We reserve the right to limit, suspend, terminate, modify, or delete the User Account we provide to you or your access to our Services or portions thereof (including any Content you or other users submit) for any reason, with or without notice and at any time, including, without limitation, if you are, or we suspect that you are, improperly using the Services, violating any applicable laws or failing to comply with the Terms of Service. We also reserve the right to stop offering and/or supporting the Services or any part of the Services at any time either permanently or temporarily, for any reason, with or without notice to you, at which point your use of the Services or any part thereof will be automatically terminated or suspended. Rate My Drip reserves the right to investigate, suspend and/or terminate your account if you have misused the Service. The following is a partial list of the type of actions that you may not engage in with respect to the Service. You will not:
• impersonate any person or entity.
• solicit money from any users.
• “stalk” or otherwise harass any person.
• express or imply that any statements you make are endorsed by the us without our specific prior written consent.
• use the Service in an illegal manner or to commit an illegal act;
• access the Service in a jurisdiction in which it is illegal or unauthorized;
• collect usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Service.
• interfere with or disrupt the Service or the servers or networks connected to the Service.
You may not use any portion of Rate My Drip to collect information, including login names, about other users, and use of such information to send unsolicited e-mail or for any other purpose is strictly prohibited. You may not advertise any goods or services on any Rate My Drip, or otherwise exploit your participation on or through any Rate My Drip for any commercial purpose.
To access and use certain features of the Services, you may be required to register for an account. By creating an account, you agree to: (i) provide accurate, current and complete account information; (ii) maintain the security of your password, not share your password with any other person and accept all risks of unauthorized access to your account; and (iii) promptly provide notice to Rate My Drip if you discover or otherwise suspect any security breaches related to the Services.
You acknowledge that the Rate My Drip has detrimentally relied upon this representation. Accordingly, you further agree to defend, hold harmless and indemnify Rate My Drip from and against any and all claims of alleged or actual infringements of any intellectual property rights, proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution raised by third parties against Rate My Drip in connection with such Content.
You agree to release Rate My Drip, its parents, partners, contractors and affiliates together with their respective employees, agents, officers, directors and shareholders, from any and all liability and obligations whatsoever in connection with, or arising from, your use of our Services. If at any time you are not happy with the Apps or the Services or object to any Content, your sole remedy is to cease using them.
Rate My Drip does not control, and is not responsible for e-mails sent from outside Rate My Drip’s domain or other means of electronic communication; and that by using the App and the Service, you may be exposed to Content that is, inaccurate, misleading, or otherwise objectionable. You acknowledge and agree that you are responsible and bear all risks associated with the use of any Content, and that under no circumstances will Rate My Drip be liable in any way for the Content or for any loss or damage of any kind incurred as a result of the browsing (i.e. that is usage of App).
When you send an e-mail or chat electronically with Rate My Drip, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail, phone calls or sms text messages. You agree that all agreements, notices, disclosures and other communications that Rate My Drip provides to you electronically satisfy legal requirements that such communications be in writing.
Except as otherwise agreed upon, we hereby grant you a limited, nonexclusive, non-sub-licensable license to access, and use the Platform and is conditioned with the compliance with these Terms. You will not use, copy, adapt, modify, decompile, reverse engineer, disassemble, decrypt, attempt to derive the source code, prepare derivative works based upon, distribute, license, sell, rent, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform and Content, except as expressly permitted by Rate My Drip or as permitted under applicable law. Any unauthorized use of the Services is strictly prohibited and will terminate the license granted in these Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.
Rate My Drip will not be liable on account of any inaccuracy of information on this App. It is the responsibility of the visitor to further research the information on the App. The user undertakes not to duplicate, download publish, modify and distribute material on Rate My Drip unless specifically authorized by Rate My Drip in this regard.
You shall not use the service if:
• barred from using the Service under the laws of the Canada or any other applicable jurisdiction;
• you have never been convicted of or pled no contest to a felony, a sex crime, or any crime involving violence, and that you are not required to register as a sex offender with any state, federal or local sex offender registry.
In consideration for allowing you to use the Service, you agree that Rate My Drip its affiliates, and its third-party partners may place advertisements on the Service. Rate My Drip may also partner up with certain third parties.
The Website and Content available through the Website may contain links to other third-party Websites ("Third Party Websites"). If you link to Third Party Websites, you may be subjected to those Third-Party Websites' terms and conditions and other policies. Rate My Drip makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such Third-Party Website, and your linking to any other Website is completely at your own risk and Rate My Drip disclaims all liability thereto.
Any and all contents and services (including advertising) within Rate My Drip that are not owned by Rate My Drip are "third party content and services." Rate My Drip acts merely as an intermediary service provider of, and accepts no responsibility or liability for third party content and services. In addition, and without limiting the generality of the foregoing, Rate My Drip may include links to Websites operated by third parties, including advertisers and other content providers. Those Websites may collect data or solicit personal information from you. Rate My Drip does not control such Websites, and is not responsible for their content, policies, or collection, use or disclosure of any information, those Websites may collect.
This App and all content forming part of the App, including without limitation, all photographs, ideas, images, designs, information, interfaces, text, graphics, brand names, logos and trademarks, are protected by copyright, trade mark and other intellectual property laws of the Canada. You acknowledge and agree that Rate My Drip owns, controls or is licensed all legal right, title and interest in and related to the App, including all intellectual property rights. You may not:
• modify or copy the idea of trade, layout or appearance of the App or any computer software or code contained in the App;
• decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the App.
If you believe that anything on or available through the Services infringes upon any copyright which you own or control, you may contact us.
IN NO EVENT SHALL RATE MY DRIP BE LIABLE FOR A FALSE, MISLEADING, INACCURATE OR INCOMPLETE INFORMATION BEING PROVIDED BY A MEMBER OR USER. RATE MY DRIP, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND (INCLUDING LOSS OR DAMAGE TO CONTENT), IN EACH CASE WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT RATE MY DRIP IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT RATE MY DRIP SHALL NOT BE LIABLE FOR THE CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS. THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU, IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW, THEREBY MINIMIZING OUR LIABILITY TO YOU TO THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW. THE SERVICES ARE CONTROLLED AND OFFERED BY RATE MY DRIP FROM ITS FACILITIES IN CANADA. RATE MY DRIP MAKES NO REPRESENTATIONS THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SERVICES FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH RATE MY DRIP IS TO STOP USING THE RATE MY DRIP PLATFORM, AND TO CANCEL ANY AND ALL OF YOUR RATE MY DRIP ACCOUNTS, IF APPLICABLE.
YOUR USE OF THE APP, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP IS AT YOUR OWN RISK. THE APP, ITS CONTENT AND ANY SERVICES OBTAINED THROUGH THE APP ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE RATE MY DRIP NOR ANY PERSON ASSOCIATED WITH THE RATE MY DRIP MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE APP. WE SHALL NOT BE LIABLE TO YOU FOR ANY LOSS SUFFERED IN RELATION TO YOUR USE OR INABILITY TO USE THE APP WITHOUT LIMITING THE FOREGOING, NEITHER THE RATE MY DRIP NOR ANYONE ASSOCIATED WITH THE RATE MY DRIP REPRESENTS OR WARRANTS THAT THE APP, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR APP OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
WE MAKE EVERY EFFORT TO VERIFY STATEMENTS AND INFORMATION SUBMITTED BY THE THIRD PARTIES AND OUR MEMBERS, THE INFORMATION COMPILED BY US IS BASED ON INFORMATION SUPPLIED BY VARIOUS INDIVIDUALS AND BUSINESSES, IT DOES NOT REPRESENT THE VIEWS OF RATE MY DRIP. AND RATE MY DRIP CANNOT BE HELD RESPONSIBLE FOR ANY OMISSIONS OR INACCURATE CLAIMS THAT MAY APPEAR.
THE RATE MY DRIP HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You may not assign these Terms or any of the rights granted hereunder without the prior written consent of Rate My Drip, and any attempted assignment without such consent shall be void. Subject to the foregoing restriction, these Terms will be fully binding upon, inure to the benefit of, and be enforceable by us and our respective successors and assigns.
Failure by either Rate My Drip or You to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other right on any later occasion.
Rate My Drip shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control; including, without limitation, any failure to perform hereunder due to unforeseen circumstances or causes beyond its control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
The Parties hereby agree that all actions brought in respect of this Agreement, or any Services delivered pursuant to this Agreement, shall be brought before a Competent Court of Toronto, and the parties hereby acknowledge the exclusive jurisdiction of the Competent Courts of Ontario. Therefore, you agree that: Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Toronto. This Agreement shall be governed by the internal substantive laws of Canada, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of a competent court located in, Canada, for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights.
Overview. Arbitration is an alternative to litigation where a neutral person (the arbitrator) hears and decides the parties’ dispute. Arbitration proceedings are designed to provide parties with a fair hearing in a manner that is faster and less formal than court proceedings. The following procedures (the “Arbitration Procedures”) are applicable to all arbitration proceedings involving you and Rate My Drip.
Arbitration. If any dispute arises between the Parties relating to the application, interpretation, implementation or validity of this Agreement, the Parties agree to resolve the dispute by arbitration at ADR Chambers using the ADR Chambers Expedited Arbitration Rules
(https://adrchambers.com/expedited-arbitration/) . The Parties agree that the ADR Chambers Expedited Arbitration Rules give the Parties a fair opportunity to present their case and respond to the case of the other side. The arbitration shall be held in Toronto and shall proceed in accordance with the provisions of the Arbitration Act (Ontario). Judgement upon the award rendered by the arbitrator may be entered in any court having jurisdiction. There will be no appeal from the decision of the arbitrator on questions of fact, law, or mixed fact and law
Discovery. Each party may (a) request relevant, non-privileged documents from the other party; and (b) request that the other party provide the particulars of its claims or defenses. Any such discovery requests must be served on the other party within 10 days after the arbitrator’s appointment. The responding party shall provide the requesting party with all responsive, non-privileged documents, the requested particulars, and/or any objections to the requests within 15 days after receipt of the requests. Any disputes about discovery or requests for extensions shall be submitted promptly to the arbitrator for prompt resolution. In ruling on any discovery dispute or extension request, the arbitrator shall take into consideration the nature, amount, and scope of the underlying arbitration claim, the cost and other effort what would be involved in providing the requested discovery, the case schedule, and whether the requested discovery is necessary for the adequate preparation of a claim or defense.
Communications with the Arbitrator. Whenever communicating with the arbitrator, the parties must include each other – for example, by including the other party on a telephone conference call and copying the other party on any written submissions, such as letters or emails. To the extent practicable, conferences with the arbitrator will take place by telephone conference call or email. Ex parte communications are not permitted with any arbitrator.
Confidentiality. Upon either party’s request, the arbitrator will issue an order requiring that confidential information of either party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award and that any permitted filing of confidential information must be done under seal.
If you have any questions or concerns regarding these Terms or our Services, please contact us through the support portal at www.ratemydrip.co