You may also have other legal rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under these Terms will not apply to the extent prohibited by applicable law. Some jurisdictions do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages or other rights, so those provisions of these Terms may not apply to you. Nothing in these Terms shall be deemed to confer any thirdparty rights or benefits.
Finally, TheRightMargin may develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Services. These may be automatically installed without providing any additional notice to users. You consent to these automatic updates.
Visiting the Site, using the Services, and sending emails to TheRightMargin constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that TheRightMargin provides to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
You may use the Services only if you can form a binding contract with TheRightMargin, and only in compliance with these Terms and all applicable laws. Any use or access by anyone under the age of 13 is prohibited. If TheRightMargin learns or has reason to suspect that a user is under 13 years of age, TheRightMargin will promptly delete any personal information in that user’s account. The Services are not available to any users previously prohibited from using the Services by TheRightMargin. If you are under 18, you may use the Services only with permission and involvement of a parent or guardian.
In order to create an account on the Services, you may provide TheRightMargin with a pen name (which you can choose to make your real name or a pseudonym) and a password for your account. You are responsible for maintaining the confidentiality of your pen name and password and for restricting access to your account; and you agree to accept responsibility for all activities that occur under your account or password. TheRightMargin recommends that you use passwords that include numbers, symbols and/or a combination of upper and lower case letters. You agree that TheRightMargin is not liable for any loss or damage arising from your failure to comply with the above password guidelines or if your password is forgotten or lost.
You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that TheRightMargin is not responsible for third party access to your account that results from theft or misappropriation of your account. TheRightMargin reserves the right to refuse or cancel service, terminate accounts, or remove or edit content in its sole discretion for any reason.
If you choose to collaborate with other editors and/or users through the Services, you are advised to maintain a high level of professionalism in your communications. Users are to refrain from any comments that are disrespectful or disparaging.
From time to time, TheRightMargin may implement varying payment plans for you to choose from. For monthly payment plans, TheRightMargin retains the right to refuse a refund or cancellation for any payment made in connection with the use of the Services. For longer term (i.e. nonmonthly) payment plans, you may cancel the plan within 30 days of initiating the plan and you will only be required to pay for the initial 30 day period, but all payments after the initial 30 day window will be nonrefundable. In the event of conflict between the policy described in this section and a payment plan offered through the Services, the terms explained in the Services shall govern.
TheRightMargin may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of TheRightMargin and TheRightMargin is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. TheRightMargin is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by TheRightMargin of the site or any association with its operators.
When you use the Services in furtherance of your creative expression, you retain all rights to your work and TheRightMargin does not claim any rights to such work. TheRightMargin will only access your information to assist you in using the Services (e.g. to fix bugs or to work with you on an issue brought to our attention) or when required by law.
Subject to your compliance with these Terms, you are granted a nonexclusive, nontransferable, nonsublicensable, and revocable license to access and use the Services strictly in accordance with these Terms and for the intended purpose for which the Services are provided to you. As a condition of your use of the Services, you warrant to TheRightMargin that you will not use the Service for any purpose that is unlawful or prohibited by these Terms. All rights not expressly granted to you in these Terms are reserved and retained by TheRightMargin, or its licensors or suppliers, or other content providers. Your license described above terminates if you do not comply with these Terms.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Services, is the property of TheRightMargin or its suppliers and is protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content on the Services and will not make any changes thereto.
You may choose to, or TheRightMargin may invite you to submit comments, suggestions, or ideas about the Services, including how to improve the Services (“Feedback”). By submitting any Feedback, you agree that your submissions are voluntary, gratuitous, unsolicited, and without restriction and will not place TheRightMargin under any fiduciary or other obligation. TheRightMargin may use, copy, modify, publish, or redistribute the Feedback and its contents for any purpose and in any way without any compensation to you. You also agree that TheRightMargin does not waive any rights to use similar or related ideas previously known to TheRightMargin, developed by its employees, or obtained from other sources.
You may not use the Services in any manner which could damage, disable, overburden, or impair the Services or interfere with any other party's use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services. You are responsible for your use of the Services, any associated services, any content you post or share and for the consequences thereof.
You may not use the Services in any manner that would violate the intellectual property or proprietary rights of any third parties. If you do not respect a third party’s intellectual property or proprietary rights, you are solely responsible for any violations of law. In addition, you are solely responsible for infringement of third party rights caused by any information that is generated from your account.
You shall not make inappropriate content available on, or through, the Services, including, but not limited to: libelous, defamatory, obscene, pornographic, abusive, or threatening content; content that advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or advertise or otherwise solicits funds for goods or services.
You shall not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the Services, in whole or in part. TheRightMargin content is not for resale. Your use of the Services does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of TheRightMargin and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. TheRightMargin does not grant you any licenses, express or implied, to the intellectual property of TheRightMargin or its licensors except as expressly authorized by these Terms.
You are responsible for maintaining the confidentiality of any content that you create on the Services and that you wish to maintain as confidential.
Further, you are prohibited from violating or attempting to violate any security features of the Services, including, without limitation, accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; attempting to probe, scan, or test the vulnerability of the Services, or any associated system or network, or to breach security or authentication measures without proper authorization; interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Services, overloading, “flooding,” “spamming,” “mail bombing,” “crashing,” or undertaking similar activities; and forging any TCP/IP packet header or any part of the header information in any email or in any posting using the Services.
You agree to indemnify, defend and hold harmless TheRightMargin, its officers, directors, employees, agents, licensors, and suppliers for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of (i) your use of, or inability to use, the Services, (ii) any user postings made by you or originating from your account (whether or not posted by you), (iii) your violation of these Terms, (iv) your violation of any rights of a third party, or (v) your violation of any applicable laws, rules, or regulations. TheRightMargin reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with TheRightMargin in asserting any available defenses. You agree not to settle any claim without TheRightMargin’s prior written consent.
THE SERVICES, INCLUDING ALL INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THERIGHTMARGIN AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SERVICES AT ANY TIME.
THERIGHTMARGIN AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SERVICES, INCLUDING ALL INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED IN THE SERVICES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS THAT ARE PART OF THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT WARRANTY OR CONDITION OF ANY KIND. THERIGHTMARGIN AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICES AND ALL INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS THAT ARE PART OF THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THERIGHTMARGIN OR THOUGH THE SERVICES SHALL CREATE ANY WARRANTY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THERIGHTMARGIN AND/OR ITS SUPPLIERS AND/OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, LOST DATA, OR LOST PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES OR THE PERFORMANCE OF THE SERVICES, WITH THE DELAY OR INABILITY TO USE THE SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES. FURTHER, IN NO EVENT WILL THERIGHTMARGIN’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE SERVICES EXCEED THE TOTAL AMOUNT PAID BY YOU TO THERIGHTMARGIN THROUGH THE SERVICES. THESE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF LEGAL THEORY, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF THERIGHTMARGIN OR ANY OF ITS SUPPLIERS OR LICENSORS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
BECAUSE SOME STATES AND SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR OTHERWISE LIMIT THE ABILITY TO LIMIT LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.
At any time, you may terminate your account by sending TheRightMargin an email at firstname.lastname@example.org, or as otherwise provided through the Services. TheRightMargin reserves the right, in its sole discretion, to terminate your access to the Services or any portion thereof at any time, without notice. TheRightMargin reserves the right at all times to remove, refuse to distribute, or delete any content on the Services, to suspend or terminate users, and to reclaim pen names without liability to you. TheRightMargin reserves the right to read, store, access, and disclose any information associated with the user.
If a dispute arises between you and TheRightMargin, we hope to be able to resolve the issue directly. You agree that you will notify TheRightMargin about any dispute you have with TheRightMargin regarding these Terms or the Services by contacting TheRightMargin.
You and TheRightMargin agree, subject to the exceptions below related to “Limited Injunctive Relief”, to submit any claim, dispute, action, cause of action, issue, or request for relief arising out of or relating to these Terms or your use of the Services to binding arbitration rather than by filing any lawsuit. Further you agree arbitration is final and binding and subject to only very limited review by a court. You also waive your right to any form of appeal, review or recourse to any court or other judicial authority, insofar as such waiver may be validly made. This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to your use of the Service.
You must first present any claim or dispute to TheRightMargin by contacting us to allow us an opportunity to resolve the dispute. You may request arbitration if your claim or dispute cannot be resolved within 60 days after presenting the claim or dispute to TheRightMargin. TheRightMargin may request arbitration against you at any time after it has notified you of a claim or dispute. The arbitration of any dispute or claim shall be conducted in accordance with the then current and applicable rules of the American Arbitration Association as modified by these Terms. The place of any arbitration will be in San Mateo Countyy, California, USA, and will be conducted in the English language. Claims will be heard by a single arbitrator. The arbitrator may not award relief in excess of or contrary to what these Terms provide, order consolidation or arbitration on a class wide or representative basis, award punitive or consequential damages or any other damages aside from the damages permitted in these Terms, or order injunctive or declaratory relief, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. Any arbitration shall be confidential, and neither you, nor TheRightMargin nor the arbitrator may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.
There shall be no right or authority for any claims subject to this arbitration clause to be arbitrated on a class action or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf of the general public (including, but not limited to, as a private attorney general).
The section and other headings contained in this Agreement are for reference purposes only and shall not affect the meaning or interpretation of this Agreement.
All administrative fees and expenses of arbitration will be divided equally between you and TheRightMargin. Each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration hearing.
YOU MUST CONTACT THERIGHTMARGIN WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A DISPUTE, OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT, FACTS, OR DISPUTE.
Notwithstanding the foregoing, TheRightMargin may seek injunctive or other equitable relief to protect its confidential information and intellectual property rights or to prevent loss of data or damage to its servers in any court of competent jurisdiction.
TheRightMargin reserves the right, in its sole discretion, to change these Terms, with or without notice to you. The most current version of the Terms that is posted on the Services will supersede all previous versions. TheRightMargin encourages you to periodically review these Terms to stay informed of updates.
If any provision of these Terms is held invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of these Terms is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
These Terms constitute the entire agreement between the user and TheRightMargin with respect to the Services and supersedes all prior or contemporaneous communications, agreements, and proposals, whether electronic, oral, or written, between the user and TheRightMargin with respect to the Services.
The section and other headings contained in these Terms are for reference purposes only and shall not affect the meaning or interpretation of these Terms.
To the maximum extent permitted by law, these Terms are governed by the Federal Arbitration Act, applicable federal law, and the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in San Mateo County, California in all disputes arising out of or relating to the use of the Services. Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, agency, or fiduciary relationship exists between you and TheRightMargin as a result of these Terms or your use of the Services. TheRightMargin's performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of TheRightMargin's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by TheRightMargin with respect to such use.
These Terms shall be binding on the parties and their respective successors and assigns. These Terms may be assigned by TheRightMargin without restriction. These Terms may not be assigned or otherwise transferred by you without the prior written consent of TheRightMargin.
TheRightMargin.com welcomes your questions or comments regarding the Terms:
278 Nevada Ave
Moss Beach, CA 94038
Effective as of Thursday, May 19, 2016