The website www.gotorex.com (“REXtm”) is owned by The Research Exchange, Inc., a Texas Corporation (“Company”). The use of REX is governed by the policies and terms and conditions set forth below, please read them carefully. Your use of REX signifies your acceptance of the terms and conditions set forth below.
The website Launch Moneytm is owned by The Research Exchange, Inc., a Texas Corporation (“Company”). The use of Launch Money is governed by the policies and terms and conditions set forth at ______ , please read them carefully. Your use of REX and Launch Money signifies your acceptance of the terms and conditions set forth.
I. REGISTRATION AND ELIGIBILITY
i. USERS: “Users” may view Non-Secured Areas (as defined below) of REX. Under no circumstance will a User, exclusive of a Registered User (as defined below) attempt to access a Secured Area of REX.
ii. REGISTERED USERS: Users must register to gain access to certain areas of REX (“Registered Users”). It is the intention, but not the obligation, of the Company to only allow certain persons to become Registered Users such as research professionals at universities and research institutes, qualified investors, entrepreneurs, independent researchers, corporate R&D professionals, and/or its/his/her authorized representative. Provided, however, the Company reserves the right to make exceptions to the above on a case-by-case basis and to refuse registration to any person or company, at its sole and absolute discretion. ii. Additionally, Registered Users agree to not share passwords with any party and to maintain and protect such passwords. Further, Registered Users certify that all information provided during registration, and throughout your use of REX, is true and correct. If at any time a Registered User believes his/her/its password may have been compromised, he/she/it will immediately notify the Company at support@gotorex.com.
iii. INDIVIDUALLY BOUND: If you are accessing REX on behalf of a company or other entity, you hereby agree that you are also bound by these Terms and Conditions of Use.
II. PREMIUM SERVICES AND PAYMENT
Some “Premium Services” may require payment to access and may be billed per use and/or according to a subscription or other recurring schedule. By providing payment information and activating such Premium Service you hereby authorize the Company to process such payment(s). Further, fees may differ between different types of Registered Users even for the same or similar services (e.g. a standard Registered User may be charged more for a service that is included in a higher level membership package). If you receive an invoice for such Premium Services, you hereby agree to pay such invoice within thirty (30) days of receipt. In the event such payment is disallowed or is not paid within the applicable time period, you agree to pay all applicable costs for collection, including reasonable attorney’s fees, and interest at the lower of (i) one percent (1%) per month or (ii) the highest lawful rate. Additionally, should you fail to make payments as required, your account may be frozen or cancelled.
III. DISCLAIMERS, LIMITATION OF LIABILITY, AND INDEMNITY
You expressly agree that your use of REX is at your sole risk. Neither REX nor its affiliates nor any of their officers, directors, or employees, agents, third party content providers, merchants, sponsors, licensors (collectively, “Providers”), or the like, warrant that REX will be uninterrupted or error free, nor do they make any warranty as to the results that may be obtained from the use of REX, or as to the accuracy, reliability, or currency of any information, content, service, or merchandise provided through REX. Additionally, the Company reserves the right to add, delete, or modify services and/or products at any time.
REX IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON REX. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF REX, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY THE COMPANY NOR ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USERS RELY ON ANY SUCH INFORMATION OR ADVICE.
UNDER NO CIRCUMSTANCE SHALL THE COMPANY OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING REX BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE REX, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM REX OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO REX’S RECORDS, PROGRAMS OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL INFORMATION, CONTENT, COMMUNICATIONS, MERCHANDISE, AND SERVICES AVAILABLE THROUGH REX. ADDITIONALLY, UNDER NO CIRCUMSTANCE WILL THE COMPANY BE LIABLE FOR ANY AMOUNT IN EXCESS OF THE FEES PAID BY YOU TO THE COMPANY FOR YOUR USE OF REX FOR THE LAST TWELVE (12) MONTHS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
BY ACCESSING REX, INCLUDING REGISTERING TO BECOME A REGISTERED USER, YOU WARRANT AND AGREE THAT (i) ALL INFORMATION PROVIDED IS TRUE AND CORRECT, (ii) THAT YOU ARE NOT UNDER AN EXISTING CONTRACT OR OBLIGATION RESTRICTING YOUR ACCESS, USE, AND PARTICIPATION WITH REX INCLUDING RESTRICTING YOUR ABILITY TO DISCLOSE ANY INFORMATION PROVIDED TO OR VIA REX, (iii) THAT ANY INFORMATION YOU OBTAIN FROM ANY SECURED AREA OF REX IS CONFIDENTIAL AND THAT YOU WILL NOT DISCLOSE SUCH INFORMATION TO ANY OTHER PERSON, (iv) THAT YOU MAY HAVE THE AUTHORITY TO LIST AND/OR OFFER FOR SALE, LICENSE, OR OTHERWISE, ANY IDEA OR OTHER INTELLECTUAL PROPERTY THAT YOU HAVE DISCLOSED AND YOU INDEMNIFY AND AGREE TO HOLD HARMLESS THE COMPANY AGAINST ANY AND ALL CLAIMS, ACTIONS, DEMANDS, LIENS, COSTS, DAMAGES, EXPENSES, AND LIABILITIES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEY’S FEES AND COURT COSTS ARISING OUT OF ANY CLAIMS THAT ARE IN ANY WAY RELATED TO YOUR USE OF REX, EVEN IF THE COMPANY IS OR WAS NEGLIGENT.
IV. CONTENT
i. PROPRIETARY RIGHTS: Users acknowledge that REX contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, methodologies, and other material (collectively, “Content”) that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and the Company owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. Users may not modify, remove, delete, augment, add to, publish, transmit, mirror, frame, broadcast, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Company’s Content, in whole or in part. Users may not use any meta tags or other hidden text utilizing the Company’s trademarks, including REX and The Research Exchange without written consent from the Company. If no specific restrictions are displayed, Users may make copies of select portions of the Company’s Content, provided that the copies are made only for that particular User’s personal use and that particular User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C.A. § 107), Users may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.
ii. DISTRIBUTION/UPLOADING OF THIRD-PARTY INFORMATION: Except as set forth in Section IV.i above, Users may upload to or otherwise distribute on REX only information that is not subject to any copyright or other proprietary rights protection or information in which the author/owner has given express authorization for distribution on REX. Any copyrighted or other proprietary information distributed with the consent of the author/owner should contain phrases denoting such ownership and right (e.g. “Copyright, owned by [name of owner]; used by permission”; “Patent Pending”). The unauthorized submission or distribution of copyrighted or other proprietary information is illegal and could subject the User to criminal prosecution as well as personal liability for damages in a civil suit. Users will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission. Neither the Company, nor its affiliates, nor any of their officers, directors, employees, agents, Providers, or the like, will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such User submission. In compliance with the Digital Millennium Copyright Act, Users and other persons can report an infringement to the Company at the following email address: support@gotorex.com.
(a) Non-Secured Areas: By submitting information to an area or section of this Website NOT restricted to Registered Users, including without limitation any reviews or participation in any chat rooms, User automatically grants, or warrants, that the owner of such information has expressly granted the Company the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, publish, translate, sublicense, copy, make modifications, and distribute the information in whole or in part worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed, as the preceding applies to copyright, for the full term of any copyright that may exist in such information. User also permits any other User to access, store, or reproduce the information for that User’s personal use. Subject to this grant and other provisions in these Terms and Conditions of Use, the owner of information placed on REX retains any and all rights which may exist in such information.
(b) Secured Areas: By submitting information to an area or section of this Website restricted to Registered Users, User automatically grants, or warrants, that the owner of such information has expressly granted the Company the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, publish, translate, sublicense, copy, make modifications, and distribute the information in whole or in part to Registered Users whether incorporated in other works in any form, media or technology now known or hereafter developed, as the preceding applies to copyright, for the full term of any copyright that may exist on such information. Although the Company will take reasonable measures to restrict access to such information to only Registered Users, the Company cannot guarantee that other Registered Users will not misappropriate or otherwise misuse the information and the Company is not responsible for any such misappropriation or misuse. Subject to this grant and other provisions in these Terms and Conditions of Use, the owner of information placed on REX retains any and all rights which may exist in such information. To the extent that you have any question as to whether a particular area or section of REX is Non-Secured or Secured, you shall request clarification prior to posting any information to that area or section.
iii. THIRD-PARTY INFORMATION: The Company is a distributor and not a publisher of information supplied by third parties and Users. The Company has very little editorial control over such information, even though the Company may, but shall not be obligated to, make minor modifications to the information to meet technical or other requirements. Any opinions, advice, statements, services, offers, or other information expressed or made available by third parties, including Providers, Registered Users, or any other User of REX, are those of the respective authors or distributors and not of the Company or its affiliates or any of their officers, directors, employees or agents. Neither the Company nor its affiliates, nor any of their officers, directors, employees or agents, nor any third party, including any Provider, guarantees the accuracy, completeness or usefulness of any information, nor its merchantability or fitness for any particular purpose. In many instances, the information available through REX represents the opinions and judgments of the respective Provider or User. The Company neither endorses nor is responsible for the accuracy or reliability of any information, opinion, advice, or statement made on REX by anyone other than authorized Company employees. Under no circumstances shall the Company, or its affiliates, or any of their officers, directors, employees or agents be liable for any loss, damage or harm caused by User’s reliance or use of information obtained through REX. It is the responsibility of User to evaluate the identity, ownership, opinion, advice, or information available through REX. To the extent it could possibly apply, California residents expressly waive California Civil Code § 1542, which says “[a] general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
iv. EXPORT: The United States export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulations—including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any information derived from REX to either a foreign national or a foreign destination in violation of such laws.
V. ONLINE CONDUCT
User agrees to use REX only for lawful purposes and to not manipulate identifiers or other data in order to disguise the origin of any content transmitted to or through REX. User is prohibited from posting on or transmitting through REX any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racist, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law. User also agrees to not use any device, software, routine, or the like to interfere with the normal and proper working of REX or which is intended to damage, interfere with, or intercept or expropriate any system data or personal information.
If the Company is notified of allegedly infringing, defamatory, damaging, illegal or offensive information provided by User, the Company may, but shall not be obligated to, investigate the allegation and determine in its sole discretion whether to remove or request the removal of such information from REX. The Company may disclose any information or electronic communication of any kind: (i) to satisfy any law, regulation or government request; (ii) if such disclosure is necessary or appropriate to operate REX; or (iii) to protect the rights or property of the Company, its Users or Providers.
The Company reserves the right to prohibit conduct, communication, or information that it deems in its sole and absolute discretion to be harmful to individual Users, REX, the communities that make up REX, or any rights of the Company or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither REX nor its Providers can ensure prompt removal of questionable information after online posting. Accordingly, neither the Company, nor its affiliates, nor any of their officers, directors, employees or agents, nor Providers shall assume liability for any action or inaction with respect to conduct, communication, or information on REX.
VI. PRIVACY POLICY
This Privacy Policy provides the Company’s policies and procedures with respect to the collection and use of your personally identifiable information as a user of REX, as well as what choices you have about its use. The Company places a high priority on online privacy; however, online privacy must be balanced with the security of information and Users. If you have any questions concerning this Privacy Policy, please email us at support@gotorex.com.
i. TRANSFER OF INFORMATION TO THE U.S.: You hereby confirm that you know that REX is a website operated by the Company in the U.S., and you consent to the transfer of your personal data to the U.S., where your personal data will be subject to U.S. law and, if you live outside of the U.S., where the level of data protection may be different compared to your country.
ii. NOTICE TO CALIFORNIA RESIDENTS: Under California Law, California residents have the right to request in writing from businesses with whom they have an established business relationship, (1) a list of the categories of information, such as name, address, e-mail address, and the type of services provided to the customer, that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties’ direct marketing purposes, and (2) the names and addresses of all such third parties. To request the above information, please write to us with a reference to California Disclosure Information at:
The Research Exchange
701 Brazos Street
Austin TX. 78701
iii. MINORS: Minors, as defined by the laws of your jurisdiction, are prohibited from using this site. The Company does not knowingly collect information from any minor.
iv. TYPES OF INFORMATION COLLECTED
(a) Profile Information: During registration you are required to give personally identifiable information which may include your first name, last name, email address, organization/company name, organization/company affiliation, state, postal code, education, occupation, technology areas, and other demographic information (“Profile Information”). You may have the option to provide additional Profile Information about yourself and/or your organization. We encourage you to submit additional relevant information so we can provide you a more personalized experience on REX and provide pertinent information to other Users. When you update your Profile Information, we usually keep a copy of any prior versions, but shall not be obligated to.
(b) Technology Listings: Registered Users may provide technology and/or disclosures for sale or licensing on REX (“Listed Technology”). Such listed technology may be protected by one or more issued patents, pending patent applications, trade secret, or other intellectual property rights.
(c) Calls for Research: Registered Users may provide requests for technology and/or disclosures (“Calls for Research”). Such Calls for Research may seek advancements in a certain technological area, solutions to one or more problems, or for other purposes.
(d) Payment Information: Certain services and/or products provided through REX may require payment. As such, we may require you to provide credit card, wiring information, bank account, debit, or other payment information in order to process your request for such services and/or products (“Payment Information”).
(e) Information from Other Sources: From time to time, we may receive information about you from other sources and add it to our account information and/or your Profile Information. For example, we may receive confirmations or other feedback from an organization with which you are related. Additionally, we may purchase demographic information about you to allow us to provide you personalized offerings and/or to verify information provided by you.
(f) Website Traffic Information: We may also collect and analyze the Internet protocol (IP) address used to connect your computer to the Internet, login, email address, password, computer and connection information, browser type and version, operating system, domain name, server information, and other information transmitted from your computer to REX. We also may use software or other tools to measure and collect session information, including, but not limited to: page response times, download errors, clickstream data, length of visits to certain pages or Technology Listings, number of visits to certain pages or Technology Listings, the day and time of visits to certain pages or Technology Listings, page and Technology Listing interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page (“Session Information”). Additionally, we may present links in a format that enables us to keep track of whether these links have been followed. This Session Information is typically collected through automated methods, but may be collected by alternate means.
(g) Cookies and Pixel Tags: We may use cookies, pixel tags, and the like to measure and collect Session Information. A cookie is a small piece of information that a website can send to your browser and may then be stored on your computer’s hard drive. It acts as a tag that identifies your computer. A pixel tag, also known as a clear GIF or web beacon, is an invisible tag placed on certain pages of REX and/or in emails from the Company. When you access these pages or emails, pixel tags generate a notice of that visit. These pixel tags are often used in conjunction with cookies, registering when a particular computer visits a particular page. You must allow cookies to use REX.
(h) Third Party Advertisers
1. The advertisements appearing on this Website may be delivered by our advertisers. We share REX usage information about Users for the purpose of targeting our advertisements on REX.
2. Our advertisers may use cookies and/or pixel tags. These cookies and pixel tags allow the ad server to recognize your computer each time they send you an online advertisement. In this way, ad servers may compile information about where you, or others who are using your computer, saw their advertisements and determine which ads are clicked on.
3. This information allows an ad network to deliver targeted advertisements that they believe will be of most interest to you. This privacy statement covers the use of cookies and pixel tags by the Company and does not cover the use of cookies and pixel tags by any advertisers.
4. We may transfer personal information to certain of our advertisers from which you have explicitly requested to receive information. It will be clear at the point of collection who is collecting the personal information and whose privacy statement will apply.
v. USE, SHARING AND DISCLOSURE OF INFORMATION
(a) Viewing Profile and Other Information: Registered Users may view the Profile Information of others in order to facilitate user interaction on REX. REX also allows Registered Users to search Profile Information such as by name, technology area, email address, title, organization, type of organization, etc., to identify people and organizations with which they may be interested in meeting or engaging. Registered Users may also be able to view your presence online. We may, but shall not be obligated to, permit you to restrict access to some portion of this information.
(b) Viewing Listed Technology: Registered Users may view the portion of a Listed Technology that is public (e.g. a teaser which very generally explains the technology area and the problem solved by the Listed Technology). Registered Users may view the private portion of a listed technology after the Registered User has agreed to certain additional provisions and conditions relating to that Listed Technology (e.g. confidentiality or other provisions).
(c) Submitting a Response to a Call for Research: When submitting a response to a Call for Research, your Profile Information will be provided to the one or more Registered Users who are responsible for the Call for Research.
(d) Introduction Requests: If you request an introduction to any Registered User, your Profile Information will be provided to that Registered User.
(e) Tolling: Through the collection and analyzing of Session Information, we log and maintain detailed history information (including, but not limited to: date and time of access, which pages were accessed, how long each page was viewed, how many times each page was viewed, clickstream data, etc.) related to which Listed Technology and Calls for Research you access. This information, along with Profile Information, may be provided to one or more Registered Users who are responsible for the particular Listed Technology and/or Call for Research you accessed.
(f) Service Providers: We use trusted third parties to provide certain administrative and service-related services on our site. These trusted third parties may have access to all of your personal information including Profile Information, Listed Technologies, Calls for Research, Payment Information, and Session Information; however, we take reasonable steps to restrict such trusted third parties to only such information as is reasonably necessary for them to accomplish their administrative and/or service-related duties. These third parties are prohibited from using your personally identifiable information for other purposes and may be subject to discipline including termination and criminal prosecution if they fail to meet these obligations.
(g) Promotional Offers: Occasionally we send offers on behalf of other businesses. When we do this, we do not give that business your name and address. Participation in these surveys, contests, or promotions is completely voluntary and you therefore have a choice whether or not to participate and disclose information. The requested information typically includes contact information (such as name and address), and demographic information (such as zip code). Unless we provide you notice of other terms, this Privacy Policy will control the disclosure and use of the information collected during the promotional offers.
(h) Providing Personalized Services to You
1. We store information that we collect through Profile Information, Listed Technologies, Calls for Research, Payment Information, and Session Information to create a “profile” of your preferences. We tie your personally identifiable information to information in the profile, in order to improve the content of the site for you and occasionally to provide you promotions and marketing offers. We use cookies and pixel tags to identify you as a return visitor and optimize and track your use of REX. Doing so helps us provide new and enhanced features, promotions, functionality, services, content, advertising, and helps to improve the quality of our searching technology.
2. We use pixel tags in our HTML-based emails to let us know which emails have been opened by recipients. This allows us to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns. We also use this information, to analyze trends, to administer the site, to track users’ movements around the site and to gather demographic information about our user base as a whole. If you would like to opt-out of marketing campaign emails, you can do so in the “Account Settings” area.
3. We set a persistent cookie to store your passwords, so you don’t have to enter it more than once. Persistent cookies also enable us to track and target the interests of our users to enhance the experience on our site.
4. Some of our business partners (e.g., advertisers) use cookies on our site. We have no access to, or control over, these cookies, and their use of cookies is subject to their own privacy policies, not the Company’s Privacy Policy.
(i) Business Transfers: To improve the offerings and selection of REX, we may occasionally acquire subsidiaries or particular business units may be bought by or merged with another entity, entities, or individuals. In such transactions, customer information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing privacy notice(s) (unless, of course, the customer consents otherwise). Also, in the event that the Company or substantially all of the Company’s or REX’s assets are acquired, all customer information will of course be one of the transferred assets. The Company reserves the right to transfer personal information to a successor in interest that acquires rights to that information as a result of the sale of the Company or substantially all of its or REX’s assets to that successor in interest.
(j) Aggregate Information (non-personally identifiable): We may share aggregated demographic information about our user base with our business partners (including our advertisers), Users, and potential users. When sharing this information, we do not identify individual Users.
(k) Law Enforcement; Protection of the Company and Others: It is sometimes necessary to release account and other information when we believe it is appropriate to comply with the law; enforce or apply our terms of use and other agreements; or protect the rights, property, or safety of the Company, our Users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. Under no circumstances, however, does this include selling, renting, sharing, or otherwise disclosing personally identifiable information from clients for commercial purposes in violation of the commitments set forth in this privacy policy. We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or (1) to conform to legal requirements or to respond to a subpoena, search warrant or other legal process received by the Company, whether or not a response is required by applicable law; (2) to enforce the Company’s TERMS OF USE or to protect our rights; or (3) to protect the safety of members of the public and users of the service.
(l) With Your Consent: Other than as set out above, you will receive notice when information about you might go to third parties, and you will have an opportunity to elect whether or not to share the information.
vi. COMMUNICATIONS FROM THE WEBSITE
(a) Communications Choice/Opt-out: Other than Service-Related Announcements and Customer Service communications (each described below), you may elect not to receive updates or notifications from the Company by unchecking the corresponding notification on your account’s “Account Settings” page. You also may elect to receive only specific types of notifications, by checking one or more of the options available in “Account Settings.”
(b) Special Offers and Updates: We will occasionally send you information on products, services, special deals, or promotions. You can sign up for these emails from us on our registration page. Out of respect for your privacy, we present the option not to receive these types of communications. Please see your account’s “Account Settings” area.
(c) Newsletters: If you wish to subscribe to our newsletter(s), we will use your name and email address to send the newsletter to you. Out of respect for your privacy, we provide you a way to unsubscribe.
(d) Service-related Announcements: We will send you service-related announcements on rare occasions when it is advisable to do so. For instance, if our service is temporarily suspended for maintenance, we might send you an email. Generally, you may not opt-out of these communications, which are not promotional in nature.
(e) Customer Service: Based upon the personally identifiable information you provide us, we will send you a welcoming email to verify your username and password. We will also communicate with you in response to your inquiries, to provide the services you request, and to manage your account. We may communicate with you by email, telephone, facsimile, traditional mail, or in other ways. Generally, you may not opt-out of these communications, which are not administrative in nature.
vii. OTHER TERMS
(a) Links to Other Sites
1. REX contains links to other sites that are not owned or controlled by the Company. Please be aware that the Company is not responsible for the privacy practices of such other sites.
2. We encourage you to be aware when you leave REX and to read the privacy statements of each and every website that collects personally identifiable information.
3. This privacy statement applies only to information collected by REX.
(b) Co-Branded Sites: This Website may contain links to other sites that are co-branded together with a third party. In such cases, the Company may or may not be responsible for the privacy practices of such co-branded sites. If the Company is responsible for the privacy practices, then this Privacy Policy will apply. If the Company is not responsible for the privacy practices and if the third party is not Company’s agent or service provider covered under this Privacy Policy, then the Company is not responsible for the privacy practices of such site. Again, we encourage you to be aware when you leave REX and to read the privacy statements of each and every website that collects personally identifiable information.
(c) Chat Rooms, Journals and Blogs, Message Boards, Classifieds and Public Forums: Please be aware that whenever you voluntarily post information to chat rooms, journals, blogs, message boards, classifieds or any other public forums (collectively, “Forums”), that information can be accessed by the public and can, in turn be used by those people to send you unsolicited communications. Further, you may have the ability to start or join private Forums. It is important to understand that even within private Forums, information may be used by other attendees to send you unsolicited communications. We are not responsible for the personally identifiable information you choose to submit in these forums.
(d) Security: The security of your personal information is important to us. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it including internal review of data collection, storage and processing practices, and security measures, including physical security to prevent unauthorized access to your information. However, no method of transmission over the Internet, or method of storage, is 100% secure. Therefore, while we strive to use the best commercially available means to protect your information, because of the nature of electronic data and interconnected computer systems, WE CANNOT UNEQUIVOCALLY GUARANTEE YOUR PROFILE INFORMATION, LISTED TECHNOLOGY, CALLS FOR RESEARCH, PAYMENT INFORMATION, OR SESSION INFORMATION IS ABSOLUTELY SECURE. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of any and all information at any time.
viii. USER CHOICES WITH REGARD TO ACCESS OF INFORMATION
(a) You may correct, update or delete much of your registration information by logging into your account and accessing the “My Account” option.
(b) General: You always have the right to refrain from providing any information (other than information required for registration). This may have an impact on use of REX and on the ability to interact with REX or take advantage of certain features of REX. By providing information about third parties, you represent that you have all necessary authority and/or obtained all necessary consents from such person to authorize us to collect, use and disclose the information of such third parties. All such information shall be governed by the terms of this Privacy Policy.
(c) Customer Communication: If you do not want to receive e-mail or other mail from us (other than required service-related announcements described above), then please adjust your account setting regarding email contact preferences (please see your account’s “Account Settings” area). You cannot waive the applicability of the Terms of Use and other legal notices, such as this Privacy Notice, and if you elect not to receive those notices, they will still govern your use of REX, and it is your responsibility to review them for changes.
(d) Cookie Choices: All Web browsers have the ability to accept cookies, reject cookies, or to prompt the user before accepting them. The Help portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. However, COOKIES ARE REQUIRED TO ACCESS REX.
(e) Changes in this Privacy Policy
1. If we decide to change this Privacy Policy, we will post the modified Privacy Policy on REX to make users aware of what the changes are so users will always be aware of what information we collect, how we use it, and when we may disclose it.
2. We reserve the right to modify this Privacy Policy at any time, so please review it frequently. You are bound by any minor changes to the policy when you use REX after those changes have been posted. If, however, we are going to use a Registered User’s personally identifiable information in a manner materially different from that stated at the time of collection, we will notify by posting a notice on REX. Additionally, you may be requested at any time to re-affirm your agreement and understanding of these or any future Terms and Conditions of Use (e.g. when an account is upgraded from standard to a higher level account). If at such time, you do not agree to the then current Terms and Conditions of Use, you may no longer access REX.
VII. LISTED TECHNOLOGY
i. Listing Technology: An otherwise Registered User may make application to the Company to be authorized to provide Listed Technology. Such application may require additional information. The Company reserves the right to refuse such authorization or withdraw such authorization at its sole and absolute discretion.
ii. Instrument for Listing Technology: A User seeking to list IP on REX must complete the Intellectual Property Marketplace Agreement. This Agreement is available from REX staff.
VIII. TERMINATION OF USAGE
The Company may terminate User’s access, or suspend User’s access to all or part of REX, without notice and without rebate of any fees paid, for any conduct that REX, in its sole and absolute discretion, believes is in violation of any applicable law or is harmful to the interests of another User, a third party Provider, a service provider, REX, or the Company. Registered Users may find directions for cancelling their account in the FAQs section of REX.
IX. USAGE BY MINORS
i. The Company cannot stop minors from visiting this site. The Company must rely on parents, guardians and those responsible for supervising children to ensure that REX is not accessed by minors.
ii. The Company requires that all Users be of sufficient age to enter into binding contracts (e.g. 18 years of age or older). EACH TIME YOU LOGIN TO REX, YOU ARE REPRESENTING TO THE COMPANY THAT YOU ARE AN INDIVIDUAL OVER THE AGE OF MAJORITY IN YOUR JURISDICTION. UNDER NO CIRCUMSTANCE MAY A MINOR USE REX.
X. LINKS TO OTHER SITES
REX may contain links to third party sites. These links are provided for convenience purposes and are not under the control of the Company. If you choose to link to such third party web sites, the Company makes no warranties, either expressed or implied, concerning the content of such sites, including the operations, programming and conduct of transactions over such sites. The Company does not warrant that such sites or content are free from any claims of copyright or other infringement or that such sites or content are devoid of viruses. The Company disclaims all liability of any kind whatsoever arising out of your use of, or inability to use such third party web sites, the use of your information by such third parties, and the security of information you provide to such third parties.
XI. CONSENT TO ELECTRONIC COMMUNICATION
You consent to receive communications from the Company electronically. You agree that all agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirements that such communication be in writing.
XII. APPLICABLE LAW
This site is created and controlled by the Company in the State of Texas and is intended and directed to Users in the United States. As such, the laws of the State of Texas will govern the disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. The Company reserves the right to make changes to its site and these disclaimers, terms and conditions, and privacy policy at any time. User hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of the State of Texas, and of the United States of America located in the State of Texas for any litigation arising out of or relating to use of or purchase made through REX (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in such courts in Austin, Texas, and agrees not to plead or claim in any court of the State of Texas that such litigation brought therein has been brought in an inconvenient forum.
XIII. OTHER PROVISIONS
No provision of any purchase order or other instrument issued by you in connection with the Company or REX that is in addition to or inconsistent with these Terms and Conditions of Use shall bind the Company.
XIV. SURVIVAL
In addition to and Sections which by their very nature should survive the termination of these Terms and Conditions of Use, Sections II, III, IV.i, 0, 0, 0, XI, and XII shall survive the termination of these Terms and Conditions.
XV. SEVERABILITY
The provisions of these Terms and Conditions of Use are intended to be severable. If for any reason any provision of these Terms and Conditions of Use shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be reformed to as closely match the original language as is possible. In the event such reformation is not possible, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
XVI. ACKNOWLEDGMENT
These Terms and Conditions of Use, including all documents referenced herein, represent the entire understanding between you and the Company regarding your relationship with REX and supersede any prior statements or representations. YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF USE and reaffirm such agreement each time you access or log into REX. The aforementioned Terms and Conditions of Use are subject to change at any time and we will make reasonable efforts to notify you of such changes.