Rithmm Terms and Conditions of Service
Last updated: May 4, 2023
These Terms and Conditions ("Terms", "Terms and Conditions") govern your use of the https://rithmm.com/
website, app, and related services (the "Services") operated by Rithmm, Inc. (collectively “Rithmm”, "us", "we", or "our"). Your access to and use of the Services is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Services By accessing or using the Services, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. The term “you” refers to the person or entity using our Services.
1. ACCEPTANCE OF TERMS
Our Services are designed and intended for use by adults. They are solely and exclusively intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site. By using our Services, you agree to be legally bound by our Terms and Conditions. If you do not agree with all of the terms and conditions contained in our Terms, including our Privacy Policy, which is available on our website www.rithmm.com and incorporated herein by reference, please stop using our Services immediately.
2. CHANGES TO TERMS
At Rithmm, we may update these Terms and Conditions from time to time, except where prohibited by applicable law. We encourage you to periodically review the Terms. Your continued use of the Services after any changes to the Terms indicates your acceptance of those changes. It is your responsibility to regularly review these Terms to stay informed.We also reserve the right to modify any information, material, or content (including, but not limited to, price, features, availability of Services) contained on or provided through our Services (the "Content") at any time, and without prior notice.
3. INTELLECTUAL PROPERTY
At Rithmm, we take intellectual property seriously. Our Services and all of their content, including (but not limited to) data, designs, graphics, pictures, illustrations, software, artwork, video, music, sound, names, words, titles, phrases, logos, and trademarks displayed or available through the use of our Services, are either owned or licensed by us, and are protected by copyright, trademark, and other intellectual property laws. Our trademarks and trade dress may not be used in connection with any product or service without our prior express written consent. We ask that you respect our intellectual property rights and not reproduce, modify, distribute, or create derivative works based on any of the content provided through our Services without our express written consent.
4. SUBSCRIPTIONS
Certain parts of the Service may be offered on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). The frequency of the Billing Cycle will be determined by the type of subscription plan you select when purchasing a Subscription. AT THE END OF EACH BILLING CYCLE, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW UNDER THE EXACT SAME CONDITIONS UNLESS YOU CANCEL IT OR RITHMM, INC. CANCELS IT.
To process the payment for your Subscription, a valid payment method, including credit card, is required. You shall provide Rithmm with accurate and complete billing information, including your full name, address, state, zip code, telephone number, and a valid payment method. By submitting such payment information, you authorize Rithmm to charge all Subscription fees incurred through your account to the payment method you provided.
If automatic billing fails for any reason, Rithmm will issue an electronic invoice indicating that you must manually proceed with the full payment corresponding to the billing period as indicated on the invoice within a certain deadline date.
5. FREE TRIALS
From time to time, at our sole discretion, we may offer a free trial for a limited period of time ("Free Trial"). You may be required to enter your billing information in order to sign up for the Free Trial.If you do enter your billing information when signing up for the Free Trial, you will not be charged until the Free Trial has expired. ON THE LAST DAY OF THE FREE TRIAL PERIOD, UNLESS YOU CANCEL YOUR SUBSCRIPTION, YOU WILL BE AUTOMATICALLY CHARGED THE APPLICABLE SUBSCRIPTION FEES FOR THE TYPE OF SUBSCRIPTION YOU HAVE SELECTED. At any time and without notice, we reserve the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
6. FEE CHANGES
We reserve the right, at any time and in our sole discretion, to modify the subscription fees for the Subscriptions. Any changes to the subscription fee will be effective at the end of the current billing cycle. We will provide you with prior notice to the email address you provided us before any change in subscription fees becomes effective. This notice will give you the opportunity to terminate your subscription before the change becomes effective. If you continue to use the Service after the subscription fee change comes into effect, you agree to pay the modified subscription fee amount.
7. REFUNDS
We do not guarantee refunds for any Subscriptions. However, we may, at our sole discretion, consider refund requests on a case-by-case basis. Any refunds granted will be solely at our discretion.
8. ACCOUNTS
When you create an account with us, you represent and warrant that you are at least 18 years old, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or outdated information may result in the immediate termination of your account on the Services.You are solely responsible for maintaining the confidentiality of your account and password, including, but not limited to, restricting access to your computer and/or account. You agree to accept responsibility for all activities or actions that occur under your account and/or password, whether your password is with our Services or a third-party service. You must promptly notify us of any unauthorized use of your account or any other breach of security.
9. MULTI-ACCOUNT USAGE:
We strictly prohibit multi-accounting on our platform, which means creating or using more than one account per person. Any account created on the Platform is non-transferrable and is intended for personal use only. Any attempt to transfer, sell, buy, or collude on multiple accounts is strictly prohibited. If we suspect that you have multiple accounts under common control, we may suspend or permanently terminate all accounts under common control.
10. FEEDBACK AND USER CONTENT
Any comments, feedback, ideas, concepts, or notes regarding the Platform that you provide to Rithmm are considered the property of Rithmm. The Platform may use this information for any purpose, including improving the Platform. Your personal information will not be included in this feedback.User Content: The Platform may include profiles, interactive features, messages, groups, and other interactive features. By using these features to post messages, photos, descriptions, breakdowns, written articles, and other content (collectively, "User Content"), you hereby grant Rithmm a non-exclusive, irrevocable, unrestricted, perpetual, transferable, worldwide, royalty-free, and fully paid-up right and license to use, reproduce, modify, perform, display, and distribute the User Content for any purpose. Rithmm is not liable or responsible for any third-party content or User Content that is posted or available on the Platform. Your personal information will not be included in this User Content.
11. LINKS TO OTHER WEBSITES
We understand that our users may find it helpful to access third-party websites or services through our Services. However, we want to make it clear that Rithmm does not own or control these third-party websites or services, and we are not responsible for their content, privacy policies, or practices.We do not endorse or guarantee the offerings of any third-party entities or individuals, or their websites. By using our Services, you acknowledge and agree that we 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 the use of or reliance on any content, goods, or services available through any such third-party websites or services.We strongly advise you to review the terms and conditions and privacy policies of any third-party websites or services that you visit. Your use of these websites or services is at your own risk, and we cannot guarantee their security or reliability.
12. TERMINATION: SURVIVAL OF TERMS
At Rithmm, we reserve the right to terminate or suspend your account and deny access to our Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including a breach of these Terms. If we terminate your account, all provisions of these Terms that by their nature should survive termination shall survive, including (but not limited to) ownership provisions, warranty disclaimers, indemnity, limitations of liability, and arbitration of claims. We want to emphasize that you are responsible for complying with these Terms, and any violation may result in termination of your account and/or legal action.
13. USE OF SERVICES: PROHIBITED USES
This section outlines the prohibited uses of the Services. As a user, you are responsible for complying with these restrictions, and any violation may result in the denial of access to the Services. Firstly, you must meet the eligibility requirements to use the Services, including reaching the age of majority in your jurisdiction of residence and possessing the legal authority to create a binding legal obligation. You must also use the Services in accordance with these Terms and provide true, accurate, current, and complete information. Rithmm reserves the right to deny access to anyone to the Services, for any reason, including violation of these Terms. You must cease and desist from any such access or use immediately upon request by Rithmm. You may not use the Services to harm Rithmm or any third party, interfere with the operation of the Services, or violate any laws. You are prohibited from threatening, defaming, stalking, abusing, harassing, or engaging in illegal activities on or through the Services. You are also prohibited from linking to the Services from a site or transmitting any material that is inappropriate, profane, vulgar, offensive, false, disparaging, defamatory, obscene, illegal, sexually explicit, racist, that promotes violence, racial hatred, or terrorism, or that Rithmm deems, in its sole discretion, to be otherwise objectionable. You may not frame the Services, display the Services in connection with an unauthorized logo or mark, or use the Services in any way that could falsely suggest a relationship between Rithmm and any third party or potentially deprive Rithmm of revenue. Additionally, you may not access the Services using any interface other than Rithmm's. You are prohibited from violating any person's or entity's legal rights, transmitting material that violates or circumvents such rights, or removing or altering intellectual property or other legal notices. Transmitting files that contain viruses, spyware, adware, or other harmful code is also prohibited. Advertising or promoting goods or services without Rithmm's permission, interfering with others using the Services, or otherwise disrupting the Services is not allowed. You may not transmit, collect, or access personally identifiable information about other users without their consent and Rithmm's. You may not engage in unauthorized "spidering," "scraping," or harvesting of content, contact or other personal information, or use any other unauthorized automated means to compile information. Impersonating any person or entity or otherwise misrepresenting your affiliation or the origin of materials you transmit is prohibited. Defeating any access controls, accessing any portion of the Services that Rithmm has not authorized you to access (including password-protected areas), attempting to access or use another user's account or information, or allowing anyone else to use your account or access credentials is not allowed. Using the Services or any promotion or content as part of the Services for sharing, lending, or multi-person use, or for the purpose of any other institution, except as specifically permitted in writing by Rithmm, is also prohibited. You may not create derivative works based on the Services or its content, in whole or in part, or decompile, disassemble, reverse engineer or otherwise exploit any part of the Services or its content. Finally, you may not use as a username the name of another person or entity that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization, or any name that is offensive, vulgar or obscene. You shall be solely liable for any damages resulting from any violation of these restrictions, or any other harm resulting from your posting of content on or through the Services.
14. SERVICES
Please note that our platform does not accept real money wagers. All content, odds, and information on our platform are provided for entertainment purposes only. You agree that your use of Rithmm and the data & information provided by Rithmm comes with no warranty or guarantee of operability or accuracy. We do not recommend or endorse illegal or irresponsible gambling. We advise all users to refer to local gambling laws before engaging in any real money gambling. If you or someone you know has a gambling problem and requires help, please call 1-800-522-4700. Please locate the Responsible Gaming tab on our website and app for additional information.
15. PRIVACY POLICY
Please note that as part of these Terms, our Privacy Policy is incorporated into and forms a part of these Terms, and it contains important information about our practices regarding the collection, storage, use, and disclosure of your personal information. We recommend that you review our current Privacy Policy on our website to ensure that you are aware of these practices. Please visit our websiteto review our current Privacy Policy. Please be aware that our Services may contain advertisements and links to third-party sites, each of which may have their own privacy policies or statements that govern their practices in collecting, storing, using, and disclosing your personal information. We do not control or assume responsibility for the privacy policies or statements of advertisers or other third parties. It is your responsibility to carefully review those additional privacy policies or statements before interacting with such advertisements or third-party sites.
16. INDEMNIFICATION
Under this section, you agree to defend, indemnify, and hold harmless Rithmm, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, shareholders, vendors, partners, contractors, agents, licensors or other representatives from any claims, costs (including, without limitation, attorney's fees and costs), damages, liabilities, and expenses or obligations of any kind, arising out of or in connection with your use or misuse of the Services, including any unauthorized use of your account, and claims arising from user-generated content or submissions. You also agree to indemnify the Rithmm Parties for any violation of applicable laws or regulations or the rights of a third party. Rithmm reserves the right to assume exclusive defense and control of any claim subject to indemnification. In such cases, you agree to cooperate with Rithmm in defending such claims. You may not settle any claim covered by this indemnification section without Rithmm's prior written consent.
17. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
THE SERVICES ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” RITHMM DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE. RITHMM DOES NOT WARRANT THAT THE SERVICES, ANY OF THE SERVICES’ FUNCTIONS, OR ANY CONTENT OR SOFTWARE CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT THE SERVICES OR THE SERVERS HOSTING THEM ARE FREE OF VIRUSES OR OTHER HARMFUL CODE; OR THAT THE SERVICES OR INFORMATION AVAILABLE THROUGH THE SERVICES WILL CONTINUE TO BE AVAILABLE.TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE RITHMM PARTIES WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES) IN CONNECTION WITH THE SERVICES OR YOUR USER SUBMISSIONS OR ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, EVEN IF FORESEEABLE OR EVEN IF RITHMM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE, BUT EXCLUDING WILLFUL MISCONDUCT).RITHMM’S LIABILITY IN CONNECTION WITH THE SERVICES WILL NOT EXCEED THE AMOUNT PAID BY YOU TO RITHMM IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, UNLESS THE CLAIMED DAMAGES ARE CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF RITHMM.YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THE SERVICES OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SERVICES.YOU ACKNOWLEDGE AND AGREE THAT IF YOU INCUR ANY DAMAGES THAT ARISE OUT OF RITHMM’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, ARE NOT IRREPARABLE AND ARE NOT SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW, MOTION PICTURE, OR OTHER AUDIO/VISUAL CONTENT OWNED OR CONTROLLED BY RITHMM, INCLUDING WITHOUT LIMITATION THE SERVICES. YOU ACKNOWLEDGE THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE UNKNOWN OR ARE UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE § 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.THE LIMITATIONS ABOVE REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
18. APPLICABLE LAW AND VENUE; DISPUTE RESOLUTION
THE SITE IS INTENDED FOR ADULTS AGED 18 AND OVER AND THAT USERS UNDER 18 YEARS OLD ARE PROHIBITED FROM USING THE SITE FOR ANY PURPOSE. BY USING THE SITE, THE USER REPRESENTS THAT THEY ARE AT LEAST 18 YEARS OF AGE. THIS IS A NOTICE TO CHILDREN UNDER THE AGE OF 18 AND THEIR PARENTS OR LEGAL GUARDIANS THAT THE SITE IS INTENDED FOR ADULTS AND THAT THE SITE DOES NOT KNOWINGLY OR INTENTIONALLY COLLECT PERSONAL INFORMATION FROM ANYONE UNDER THE AGE OF 18. IT FURTHER ADVISES THAT IF ANYONE UNDER THE AGE OF 18 HAS PROVIDED PERSONAL INFORMATION TO THE SITE, THEY SHOULD CONTACT THE SITE IMMEDIATELY TO HAVE THE INFORMATION REMOVED.
19.
CLAIMS AND ARBITRATION
It is important that you read and understand this section carefully.
1. Arbitration Agreement: If either party (including any other entity or individual with the right to invoke arbitration under this provision) elects to do so, any Dispute arising from or relating to these Terms, your agreement with Rithmm, your use of our Services, or the relationship between you and Rithmm shall be resolved by binding arbitration. "Dispute" includes any claim or controversy, whether based in contract, tort, statute, or otherwise, and is not limited to claims against Rithmm or its parents, subsidiaries, affiliates, predecessors, successors or assigns, and any of their directors, officers, employees and agents, whether such claims arose before or after this Arbitration Agreement, or are the subject of a purported class action or other representative or collective action. However, claims filed by you or Rithmm on an individual basis in small claims court within the jurisdiction of that court are excluded from this Arbitration Agreement. If there is any disagreement about the arbitrability, validity, scope, or enforceability of this arbitration clause, a duly appointed arbitrator will decide such disagreement.
2. Right to Reject this Arbitration Agreement: You have the right to reject this Arbitration Agreement by sending written notice to Rithmm within thirty (30) days of accepting these Terms. Your rejection notice must be signed, must state that you reject this Arbitration Agreement, and must include your name, address, and Rithmm user ID or account number. Your decision to reject this Arbitration Agreement or seek remedies in small claims court will not affect your relationship with or receipt of goods or services from Rithmm.
Terms to:
Rithmm, Inc.
Attn: Legal Department
675 VFW Parkway 314
Chestnut Hill, MA 02467
3. Procedures for Arbitration: This Arbitration Agreement is governed by the Federal Arbitration Act ("FAA"). Arbitrations will be conducted by a single arbitrator and administered by JAMS pursuant to the JAMS Rules in effect at the time the arbitration is initiated. A copy of the JAMS Rules may be found at https://www.jamsadr.com. You may elect to have arbitration hearings take place in your hometown area. During the arbitration, the parties will be allowed to engage in discovery or exchange of non-privileged information relevant to the dispute. The arbitrator's decision will consist of a written statement stating the disposition of each claim, along with a concise written statement of the essential findings and conclusions on which the award is based. The arbitrator's decision will be final and binding, except for any appeal right under the FAA. Any court with jurisdiction may enter judgment upon the arbitrator's award.
4. Right to Attorneys' Fees and Costs: You may hire an attorney to represent you, and to the extent permissible under applicable law, you are responsible for your attorneys' fees and costs. You may recover them from Rithmm in arbitration to the same extent as in court or as permitted under the JAMS Rules. When you initiate arbitration proceedings, you will be responsible for paying your share of the arbitration fees as set forth in JAMS' Arbitration Schedule of Fees and Costs in effect at the time the arbitration is initiated. Rithmm will be responsible for any additional arbitration fees and costs.
5. Waiver of Jury Trials and Class Actions. IN ARBITRATION, DISPUTES ARE RESOLVED BY AN ARBITRATOR RATHER THAN A JUDGE OR JURY. BY THIS ARBITRATION AGREEMENT, YOU AND RITHMM WAIVE THE RIGHT TO PROSECUTE OR PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR OTHER REPRESENTATIVE ACTION. UNLESS YOU AND AUDACY AGREE OTHERWISE IN WRITING, THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED ON A CLASS ACTION, MASS ACTION, OR COLLECTIVE BASIS, AND REGARDLESS OF ANY INCONSISTENT PROVISIONS IN THE JAMS RULES, NEITHER THE ARBITRATOR NOR THE JUDGE MAY CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF TO THAT INDIVIDUAL PARTY. THIS CLASS, MASS, REPRESENTATIVE, AND COLLECTIVE ACTION WAIVER IS A MATERIAL AND ESSENTIAL PART OF AND CANNOT BE SEVERED FROM THIS ARBITRATION AGREEMENT.
20. CONTACT AND PAYMENT INFORMATION
It is important that we maintain accurate and up-to-date information for our customers. Therefore, you agree to provide us with accurate and complete contact and payment information, including your name, address, telephone number(s), and any other relevant information. You represent and warrant that the information you provide is current and correct. If any of your information changes, you agree to notify Rithmm immediately.
21. ENTIRE AGREEMENT, WAIVER AND SEVERABILITY
Rithmm may be required by state or federal law to notify you of certain events. You acknowledge and agree that such notices will be effective upon our posting them on our sites or delivering them to you via email. You agree to keep your contact information current and accurate, and to update it promptly if there are any changes. If you do not provide us with accurate information, we will not be responsible for failure to notify you. Our failure to exercise or enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. These Terms, along with any additional terms, conditions, and policies on the Services, constitute the entire agreement between you and Rithmm and supersede all prior agreements with respect to the subject matter herein. If any part of these Terms is found to be invalid or unenforceable under applicable law, the invalid or unenforceable provision(s) will be replaced with a valid and enforceable provision(s) that most closely matches the intent of the original provision(s), and the remainder of the Terms will remain valid and enforceable. In the event of any conflict or inconsistency between these Terms and any other agreement or policy posted on the Services, these Terms shall govern.
22. CONTACT US
If you have any questions, concerns, or feedback about these Terms, please do not hesitate to contact us. Our team is dedicated to providing you with excellent customer service and support. You may contact us through the contact information provided on our website or app. We appreciate your interest and use of our Services and look forward to hearing from you.
