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RIPL TERMS OF SERVICE

Please carefully review the Terms of Use of this site, as your use of the site will indicate your acceptance of these terms. Do not use the site if you do not agree to be bound by these terms. We may periodically change the terms, so please check them from time to time as your continued use of the site signifies your acceptance of any changed items.

Ripl LLC (“Ripl”, "we", "us", or "our") provides an online platform that allows users to measure, compare, and improve the social and environmental impact of businesses. These Terms will take effect when you first commence using the Site, and Ripl reserves the right at any time and for any reason to deny you access to the Site or any portion thereof.

Information about you

We collect several types of information on our Site. If you register on our site, we collect "Personal Information", which is information that can be used to identify you individually, such as your name and email address. We also collect "Aggregate Information", which is information about use of our Site, such as pages visited on our Site. The information we collect depends on what services you use on our Site. The following is a more detailed explanation of these types of information as well as when and how we collect and use it.

1) Personal and non-personal information. Registration and Transactional Data. When you register on ripl.co, we may collect various kinds of personal information including your name, email address, address, and phone number. We also collect and store access information related to your account including login and user password.

2) Registration and authentication. When you register on the Site, you are required to submit an email address and password. Additional information may be included in your registration profile such as name and address.

Our online privacy policy tells you about the information Ripl collects through the services available on our Site, how we use that information, and how you can opt out of certain uses of information we may collect.

Information about your company

By using our services and accessing our Site, you are consenting to the information collection and use practices described here. You also will appoint a single person who is the contact person at your business and is authorized to make binding decisions on your behalf.

Other than as outlined below and in the Ripl Privacy Policy, identifiable information entered into Ripl is considered confidential, and Ripl will take reasonable precautions to protect such identifiable information. Ripl, its affiliates, or its contractors may use the information you submit to develop and improve our Services. Separately, Ripl reserves the right to share aggregated and anonymous data with its affiliates, contractors, partners, academics, and in publications based upon data submitted through this system. When aggregated in this way, Ripl will use commercially reasonable efforts to ensure that Company data does not appear with identifiable information or in a benchmark group with less than five other data points. Notwithstanding Ripl’s efforts, it is possible that partners, academics, readers, or other users would be able to determine the identity of the Company based on the anonymous information. Except as otherwise provided in this agreement, Ripl shall have no liability to the Company or any other person in the event any person is able to determine the identity of the Company based on anonymous or aggregated information. Please refer to the Ripl Privacy Policy for exceptions to the above provisions.

Users entering material into the Web Site are responsible for the content of that material. Ripl does not have responsibility for other Content, including the content of any messages or information posted by Users or others, or for the content of information accessible via direct or indirect hyperlinks from the Web Site. However, Ripl retains the right, which it may or may not exercise in its sole discretion, to review, edit, or delete other Content that Ripl deems to be illegal, offensive, or otherwise inappropriate.

Copyright and trademark

Unless otherwise noted, all materials on this site are protected as the copyrights, trade dress, trademarks, and/or other intellectual properties owned by Ripl. All rights not expressly granted are reserved.

Personal use

Your use of the materials included on this site is for informational purposes only. You agree you will not reproduce, transmit, disseminate, sell, broadcast, circulate, distribute, publish, modify, display or create derivative works from or exploit the contents of this site in any way without the express written consent of Ripl. You agree to indemnify, defend, and hold harmless Ripl and any third-party data providers from all damages, liabilities, costs, charges, and expenses, including reasonable attorneys’ fees, that Ripl, its affiliates, employees, and authorized representatives may incur as a result of (i) your breach of these Terms and Conditions; (ii) material entered into the Web Site with the use of your login or password; or (iii) any and all unauthorized uses you may make of any material on the site. You acknowledge the unauthorized use of the contents could cause irreparable harm to Ripl and that in the event of an unauthorized use, Ripl shall be entitled to an injunction in addition to any other remedies available at law or in equity.

You agree you are and shall remain solely responsible for the contents of any submissions you make, and you will not submit material that is unlawful, defamatory, abusive, or obscene. You agree that you will not submit anything to the site that will violate any right of any third party, including copyright, trademark, privacy, or other personal or proprietary right(s).

Assumption of risk

You use the Internet solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. While Ripl has endeavored to create a secure and reliable website, please be advised that the confidentiality of any communication or material transmitted to/from this Web Site over the Internet cannot be guaranteed. Accordingly, Ripl is not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Web Site, or for the consequences of any reliance on such information. Ripl shall have no liability for interruptions or omissions in Internet, network, or hosting services. You assume the sole and complete risk of using the Web Site.

Anti-hacking

You expressly agree not to:

a) use or attempt to use any "deep-link," "scraper," "robot," "bot," "spider," "data-mining," "computer code" or any other automated device, program, tool, algorithm, process, or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the Web Site, any data or Content found on or accessed through the Web Site, or any Other Content without the prior express written consent of Ripl;

b) obtain or attempt to obtain through any means any materials or information on the Web Site that have not been intentionally made publicly available either by their public display on the Web Site or through their accessibility by a visible link on the Web Site;

c) violate the restrictions in any robot inclusion headers on this Web Site or in any way bypass or circumvent any other measure employed to limit or prevent access to the Web Site or its Content;

d) violate the security of the Web Site or attempt to gain unauthorized access to the Web Site, data, materials, information, computer systems, or networks connected to any Ripl server, through hacking, password mining, or any other means;

e) interfere or attempt to interfere with the proper working of the Web Site or any activities conducted on or through the Web Site, including accessing any data, content or other information prior to the time that it is intended to be available to the public on the Web Site;

f) take or attempt any action that, in the sole discretion of Ripl, imposes or may impose an unreasonable or disproportionately large load or burden on the Web Site or Ripl’s infrastructure.

Limitation of Liability

RIPL, ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY, "SUPPLIERS") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SERVICES. Ripl AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF RIPL, ITS AFFILIATES AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, RIPL, ITS AFFILIATES, AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET Ripl SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF RIPL AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF RIPL, ITS AFFILIATES, AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE.

Indemnity

Ripl does not warrant nor represent that the results obtained from the use of Ripl will meet your requirements or expectations.

You agree to indemnify and hold Ripl and its affiliates harmless from any and all claims, liability, and expenses, including reasonable attorneys' fees and costs, arising out of your use of the Services or breach of this Agreement (collectively referred to as "Claims"). Ripl reserves the right in its sole discretion and at its own expense to assume the exclusive defense and control of any Claim.

Notice of infringement

Ripl respects the intellectual property rights of others and requires that users do the same. If you believe in good faith that your work has been reproduced or is accessible on our Site in a way that constitutes copyright infringement or that your intellectual property rights have otherwise been violated, you must provide Ripl’s Designated Agent with the following information in writing:
Identification of the copyrighted work or other intellectual property claimed to have been infringed;
Identification of the allegedly infringing material, reference, or link that is to be removed, and information reasonably sufficient to permit Ripl to locate the material, reference, or link;
Your name, address, and daytime telephone number, and an e-mail address if available, so that Ripl may contact you if necessary;
A statement that the information in the notification is accurate and under penalty of perjury that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright or other intellectual property owner, its agent, or the law; and
A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

Please note that due to security concerns, e-mail attachments will not be accepted. Any notice of infringement submitted electronically with an attachment will not be received or processed. Upon receipt of a notice of claimed infringement (or any statement in conformity with 17 U.S.C. § 512(c)(3)), Ripl will expeditiously remove or disable access to the allegedly infringing content. Ripl may terminate the service privileges of users who repeatedly infringe the copyrights or other intellectual property rights of others.

Choice of law

These terms of use and any non-contractual obligations arising out of or in connection with this Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina. You hereby agree that, as a final means of settling any dispute arising under these terms, the Parties shall submit to binding arbitration conducted under the rules of the American Arbitration Association for commercial arbitration with hearings to be conducted in Wilmington, NC. The proceedings may be conducted by teleconference for the convenience of any Party, and the findings of the arbitrator shall be binding, final, and enforceable on the Parties, and such findings may be reduced to judgment in a court of appropriate jurisdiction. Any cause of action you have arising out of use of this site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these terms of use to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these terms of use, and the remainder of the terms of use shall continue in full force and effect. A printed version of these terms of use shall be admissible in judicial or administrative proceedings.

Data receipt service

We may provide you with the opportunity to transfer certain data from a Third Party Product or an Ancillary Service to Ripl (the “Data Receipt Service”). You may need to be an active subscriber of the Third Party Product or Ancillary Services to use the Data Receipt Service. In order to access a Third Party Product or an Ancillary Service on your behalf, you may need to provide us with your Login Details. We will maintain your Login Details in encrypted form and will only use them in connection with the Data Receipt Service or otherwise at your direction. You hereby represent that you have the authority to provide the Login Details to Ripl and you expressly appoint Ripl as your agent with limited power of attorney to access any Third Party Products or Ancillary Services and retrieve data on your behalf. With respect to each Data Receipt Service, you grant Ripl the right to transfer data to the Services and to reformat and manipulate your data as reasonably necessary for the data to function with the Services.

You agree that you will (i) review and comply with all Third Party Product and Ancillary Service terms and conditions before you access the Data Receipt Services, and (ii) not use the Data Receipt Services in any manner that would infringe or violate the rights of Ripl or any other party, or in furtherance of criminal, fraudulent, or other unlawful activity. In the event that any Third Party Product charges for access to data, you agree that you are responsible for any fees due and owing. You agree that the providers of the Third Party Products, and not Ripl, are solely responsible for their own actions or inactions. Ripl is not liable for any damages, claims, or liabilities arising out of or related to any Third Party Products.

We do not guarantee that you will be able to use the Data Receipt Service with any specific products or services. You will only have access to the Data Receipt Services during the period for which you have paid for a subscription. Third Party Products may make changes to their websites, with or without notice to us, that may prevent or delay aggregation of data or the overall performance of the Data Receipt Service. Your most recent data from a Third Party Product or Ancillary Service may not always be available to Ripl in usable form. Any data obtained through the Data Receipt Service will be made available in Ripl and will be subject to the terms and conditions of this Agreement, including our Privacy Policy.

Ripl makes no effort to review your Account Information for accuracy. You acknowledge and agree that when Ripl is accessing and retrieving your Account Information from third-party sites, Ripl is acting as your agent and not as the agent for or on behalf of the third party. You represent, warrant, acknowledge, and agree that you are solely responsible for the accuracy of your Account Credentials. By providing Ripl with your Account Credentials, you certify that you are authorized to share this information with Ripl.

Subscription and cancellation

Payment. The fees to use Ripl are based upon a monthly fee, but shall be billed periodically on the same schedule as when you first sign up. Such periodic charges shall continue to be made until either you cancel this Agreement, in the manner set forth herein, or the Agreement is terminated by us. Please review all of the details of the subscription that you purchase. Ripl reserves the right to immediately terminate access to Ripl in the event your payment method is declined, or if there are any settlement failures or chargebacks in connection with the recurring billing for your account.

You may cancel Ripl services at any time, however, no refund nor proration shall be made for any remaining time that has been paid for beyond the date of Notification of Cancellation. Further, if you do not Cancel in accord with this Agreement, you shall continue to be charged by Ripl until Ripl is properly notified of Cancellation.

After your access to Ripl is terminated, you may no longer have access to any of the data or Content in Ripl. We suggest you retain your own copies of any data or Content that you may need as Ripl is not responsible for providing you with access to your Content or Ripl after any cancellation or termination of this Agreement.

Force Majeure

Ripl shall not be liable for any delay or failure to perform its obligations under this agreement if such delay is due to Force Majeure or by failure of third party links.

Section Headings. Section headings are provided for convenience only and shall not be used to construe or limit the meaning of any section hereof.

Entire agreement

This Agreement constitutes the entire agreement between the parties relating to the Web Site and supersedes any and all other agreements, oral or in writing, with respect to the Web Site. The failure of Ripl to insist upon strict compliance with any term of this Agreement shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provision will continue in full force and effect.

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    Justin Sacks

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    Josh Dorfman

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