Feedback Loop Terms of Service
NOTICE TO USER: PLEASE READ THIS AGREEMENT CAREFULLY.
This Feedback Loop Service web site at http://fbl.apps.rackspace.com (the "Site") is owned and operated by Return Path, Inc. ("Return Path"). Your access to this Site and your use of the information and services provided herein is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document and elsewhere on the Site (known collectively as the "Feedback Loop Terms of Service").
Return Path operates and provides Feedback Loop services to users who register with us to receive complaint feedback messages ("Complaints") from participating Internet Service Providers ("ISPs") partnered with Return Path (collectively, the "Service"). Return Path provides this Service to you on behalf of select ISPs partnered with Return Path. By using the Service, you agree to be bound by these Feedback Loop Terms of Service (the "Terms"), and by any additional terms required by and presented to you separately by the participating ISPs partnered with Return Path. These Terms apply only to the Service described in this document, and not any other Return Path service.
Return Path reserves the right to amend the Terms at any time. We suggest that since you are bound by the Terms, you should periodically refer to them in this document and elsewhere on the Site. If you do not agree with the Terms, do not use this Site. If at any time you have any questions or doubts as to whether your use may contravene the Terms, please contact Return Path at email@example.com before engaging in such activities.
Return Path reserves the right to contact our Feedback Loop users via email regarding information and changes to the Service that affect our partners and users, to ensure continuing operation of our web site. If you have any questions about this policy, please visit us at http://www.returnpath.net/privacy/privacy_fbl.php.
Restrictions on Use.
You shall use the Site for lawful purposes only. With the sole exception of the actual Complaints received from ISP partners through use of the Service, you shall not:
- Modify, copy, distribute, transmit, post, display, perform, reproduce, publish, broadcast, license, create derivative works from, transfer, sell, or exploit any reports, data, information, content, software, products, services, or other materials on, generated by or obtained from the Site (collectively, the "Materials").
- Without prior, written permission from Return Path, redeliver any page, text, image, or Materials on the Site using "framing" or other technology.
- Engage in any conduct that could damage, disable, or overburden (i) the Site, (ii) any Materials or services provided through the Site, or (iii) any systems, networks, servers, or accounts related to the Site, including without limitation, using devices or software that provide repeated automated access to the Site.
- Probe, scan, or test the vulnerability of any Materials, services, systems, networks, servers, or accounts related to the Site or attempt to gain unauthorized access to Materials, services, systems, networks, servers, or accounts connected or associated with the Site through hacking, password, or data mining, or any other means of circumventing any access-limiting, user authentication, or security device of any Materials, services, systems, networks, servers, or accounts related to the Site.
Misuse of this site will result in prosecution to the maximum extent permitted under state, Federal and international law. Return Path reserves the right to refuse service to users, and any conduct by you that in Return Path's discretion restricts or inhibits any other user from using or enjoying the web site and/or service will not be permitted.
You may terminate participation in the Service at any time by turning off the Service presented to you at the Site. You agree that Return Path, or any participating ISP partner, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any content within the Service, for any reason or no reason, including, without limitation, for lack of use or if Return Path believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Return Path, or any participating ISP partner, may also in its sole discretion, for any reason or no reason and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that Return Path, or any participating ISP partner, may immediately deactivate or delete your account and all related information in your account and/or bar any further access to the Service. Further, you agree that Return Path, or any participating ISP partner, shall not be liable to you or any third-party for any termination of your access to the Service.
This Site is controlled and operated by Return Path, Inc., 304 Park Avenue South, 7th Floor, New York, New York 10010, (212) 905-5500, http://www.returnpath.net. With the sole exception of the actual Complaints received from ISP partners through use of the Service, all materials on the Feedback Loop Site including, but not limited to, images, text, illustrations, audio, video files and the selection, coordination and arrangement of such materials (collectively "Intellectual Property"), are protected by copyrights, trademarks, service marks, or other proprietary rights which are either owned by Return Path or owned by other parties who have licensed their intellectual property to Return Path. Any derivations of the "Return Path" mark appearing on this web site are trademarks and/or service marks of Return Path, Inc., and all other trademarks, service marks, and trade names used on the site are the property of their respective owners. Except as expressly authorized herein, material from this Site and from any other web site owned, operated, controlled, or licensed by Return Path may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Use or modification of Return Path's intellectual property in any form, including but not limited to use on any other web site or networked computer environment, without express written authorization is a violation of Return Path's copyrights and other proprietary rights and is strictly prohibited.
LINKS IN THIS WEB SITE MAY LET THE USER LEAVE RETURN PATH'S FEEDBACK LOOP SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF RETURN PATH, AND RETURN PATH IS NOT RESPONSIBLE FOR THE CONTENT AVAILABLE ON ANY OTHER INTERNET SITES LINKED TO THE WEB SITE. RETURN PATH IS PROVIDING THESE LINKS TO OTHER INTERNET SITES AS A CONVENIENCE TO USERS, AND ACCESS TO ANY OTHER INTERNET SITES LINKED TO THIS WEB SITE IS AT THE USER'S OWN RISK. THE INCLUSION OF ANY LINK DOES NOT IMPLY A RECOMMENDATION OR ENDORSEMENT BY RETURN PATH OF THE LINKED SITE.
Limitation of Liability and Disclaimer of Warranties.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SERVICE. RETURN PATH, ITS CLIENTS, PROVIDERS, AND AUTHORIZED AGENTS ARE NOT RESPONSIBLE FOR ANY LOSS, DAMAGE OR COST (INCLUDING, BUT NOT LIMITED TO, CONSEQUENTIAL AND PUNITIVE DAMAGES) WHICH YOU INCUR DUE TO YOUR USE, OR INABILITY TO USE, THE SERVICE. IF YOU LIVE IN A STATE THE LAWS OF WHICH PREVENT YOU FROM TAKING FULL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE, RETURN PATH 'S LIABILITY IS LIMITED TO THE GREATEST EXTENT ALLOWED BY LAW. IN NO EVENT SHALL RETURN PATH 'S LIABILITY EXCEED THE AMOUNT OF DIRECT DAMAGES TO THE PROPERTY OR PERSON CAUSED BY OUR NEGLIGENCE. RETURN PATH MAKES NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, AND IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), REPRESENTATIONS, OR ENDORSEMENTS REGARDING THE SERVICE OR ANY THIRD PARTY MATERIAL ADVERTISED, PROMOTED, OR MADE AVAILABLE THROUGH THE SERVICE.
FURTHERMORE, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS - WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. RETURN PATH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE MATERIALS, GOODS, OR SERVICES ADVERTISED EITHER BY RETURN PATH'S PARTNERS OR PROMOTED IN CONJUNCTION WITH RETURN PATH'S PROGRAMS. YOU AGREE THAT NEITHER RETURN PATH, NOR ITS AFFILIATED OR RELATED ENTITIES, OR ITS CONTENT PROVIDERS, ARE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM ANY INFORMATION OR OPINIONS PROVIDED ON THIS SITE.
You agree to indemnify Return Path and its officers, directors, employees, agents, distributors and affiliates from and against any and all third party claims, demands, liabilities, costs, or expenses, including reasonable attorney's fees, resulting from your breach of any of the provisions of the Feedback Loop Terms of Service.
Return Path does not knowingly collect information from children under the age of 13.
This site is controlled and/or operated by Return Path from its offices within the State of New York, United States of America. Return Path makes no representation that materials in this site are appropriate or available for use in other locations outside the United States. Unless otherwise expressly stated, advertising and related materials made available through this site, or through any site displaying the authorized Return Path logo, or otherwise linked to this site are intended only for presentation within the United States, its territories and protectorates. Those who choose to access this site from other locations do so on their own initiative and without warranty or recourse except as provided for by United States law.
Choice of Law.
This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of New York, without regard to its conflicts of law principles. Any action brought to enforce this Agreement or, in connection with, any matters related to this Site, shall be brought only in either the state or Federal courts located in New York, and you expressly consent to the jurisdiction and venue of said courts. This Agreement shall not be governed by the UN Convention on Contracts for the International Sale of Goods, the application of which is hereby excluded. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. You also acknowledge and agree that Return Path will fully cooperate with any law enforcement authorities or court order requesting or directing Return Path to disclose information or materials in our possession.
Assignment and Succession.
You may not grant, devise, or otherwise assign any rights or benefits under this Agreement to any other party. Notwithstanding any other provision of this Agreement, Return Path, its successors and assigns may fully enforce any term or provision of this Agreement, and all rights and benefits shall inure to such successors and assigns, with or without prior notice.
This document, including the documents referenced by and incorporated into this document, form the complete agreement between you and Return Path. Any other statements, trade practices, or conduct engaged in by either party shall not alter or modify this Agreement; the words contained in this document control the entire meaning of this agreement. Any decision not to enforce a particular provision of this agreement does not waive the right to enforce it at any other time and Return Path will not waive the right to enforce any provision of this agreement except in writing.