Ranch Builder, LLC (“RB,” We,” “Us,” or “Our”) provides its Products or Services (described below) to You (“You,” ”Your,” “Member,” “RB Member,” “User,” “Buyer,” “Seller,” “Carrier,” “Shipper,” “Shipping Customer,” “Customer”) through its website and mobile applications (the “Software,” “Platform,” or “Site”) and related Services (collectively “Services,” including any new features and applications), subject to the following Terms and Conditions (“Terms and Conditions”), which may be amended from time to time. You must agree to and accept the Terms and Conditions before using the Software.
RB maintains the Software for You to conduct transactions in the official conduct of business. By using this Software, You represent that You are authorized to act with respect to such transactions. Your use of the Software is solely at the direction and under the control of You, and is not at the direction or under the control of RB. Your use of the Software confirms Your acceptance of these Terms and Conditions and Your Agreement to be bound by them. If You do not accept and agree to be bound by these Terms and Conditions, do not use the Software. If You violate these Terms and Conditions, RB reserves the right to seek all remedies available at law and in equity. We may terminate Your access or use of the Software at any time, for any reason or no reason, and without prior notice. We may from time to time revise these Terms and Conditions and an updated copy will be made available on the website. You should visit the website from time to time to review these Terms and Conditions to learn of any revisions. Your use of the Software following any such revisions constitutes Your Agreement to follow and be bound by the Terms and Conditions as revised. You further agree that You remain subject to all terms, Agreements, and laws applicable to the buying, selling, or transporting Services provided to You by RB’s Platform. Notwithstanding the foregoing, with respect to Your use of the Software, these Terms and Conditions shall supersede any Agreements between RB and You. The terms of Agreement with Your mobile network provider apply to any text message or mobile device notifications You authorize through Your use of this Software. You may be charged by Your mobile provider for the cost of data and/or messaging related to Your use of the Software, and You accept responsibility for any such charges, including roaming data charges, if applicable.
The design of the Software and all of its materials, including, but not limited to, its Software or HTML code, scripts, text, artwork, photographs, images, designs, video, audio, and written and other materials that appear as part of the Software (collectively, “Content”) are protected by U.S. copyright laws and international laws and treaties. The unauthorized copying, alteration, distribution, transmission, performance, display, sale, or other use of the Content is prohibited. The unauthorized reproduction or distribution of any copyrighted work is illegal. Criminal copyright infringement, including infringement without monetary gain, is investigated by federal law enforcement agencies and is punishable by up to five years in prison and a fine of $250,000, or as otherwise imposed by applicable law. RB will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution. RB neither warrants nor represents that Your use of Content will not infringe rights of third parties not owned by or affiliated with RB. RB provides Content under a limited license as a service to You. This limited license is subject to the following restrictions: (a) You may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, derive works from, sell, license, allow others to copy, or otherwise exploit the Software, any of the Content, or any related Software; and (b) You may not use, download, or export, or re-export the Software in violation of any applicable laws or regulations. By installing or using the Software, You represent and warrant that You are not (a) a national or resident of any country to which the United States has embargoed goods, or (b) on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Denial and Prohibition Orders. This limited license will automatically terminate if You do not comply with these Terms and Conditions. RB may revoke this limited license at any time, for any or no reason, and without prior notice.
The trademarks, trade names, logos, names, service marks and trade dress (collectively, “Trademarks and Trade Dress”) displayed on the Platform are registered and unregistered Trademarks and Trade Dress of RB and others. RB and/or such third parties reserve and retain all rights regarding the Trademarks and Trade Dress. The Trademarks and Trade Dress are protected by U.S. federal and state trademark laws and international laws and treaties. No license or right to use the Trademarks or Trade Dress is granted to You by these Terms and Conditions or by Your use of the Software, without the written permission of RB or such third party that may own the Trademarks and Trade Dress. Your unauthorized use or misuse of the Trademarks and Trade Dress in any manner is prohibited. RB will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
Platform and Services
RB is an Internet-based Platform for commercial and business use whereby users can publish listings, publish user profiles, make offers, make Carrier bids, make counter-offers, exchange information, enter into contracts and monitor status. RB provides Services with respect to maintaining and upgrading the Platform or facilitating the purchase and sale of Product or Services on the Platform. You acknowledge and agree that RB does not represent the Buyer, Seller, Carrier or any other party who accesses or uses the site. RB shall not be deemed an agent of the Buyer, Seller or Carrier with respect to listings, counter-offers, bids, negotiations, shipping process or status, formation of Contracts or resolution of disputes between Buyers and Sellers. RB does not own, possess, control, purchase, sell, take title (either “transitory” or otherwise), take possession (either actual or constructive), ship or take delivery of any Product. RB does not provide any Product warranties, either express or implied, and is not liable or responsible for the existence, quality, safety, lawfulness, fitness for purpose, merchantability, availability, transportation, Delivery or Shipment of any Product. RB does not become a party to any Contract entered into on the Platform or assume any obligations with respect to the purchase, sale, transportation, Shipment or Delivery of any Product. RB does not assume a member’s financial or credit risk, nor a member’s Shipment or Delivery risk. RB offers Carrier matching services through the Internet-based Platform. Users can create Carrier profiles, make freight bids, make counter-bids, exchange information, enter into contracts, and monitor status. A User on RB can request that a shipment be bid on and delivered. RB does not verify a User’s ability to transport product and does not verify that Users hold any certifications to transport product. RB does not verify that a user is currently compliant or ships in a compliant manner with respect to regulatory requirements. A User requesting or using transport through RB’s Platform must perform any verification of certifications and/or safety related information by their own means. RB is not responsible for any shipping arrangements or notification of regulatory requirements with respect to the transportation, Shipment or Delivery of the Product. RB is not a Transportation Service Provider (“TSP,” “Carrier,”) or Shipper. Our website acts as a venue where Shippers and TSPs can interact and enter into Agreements. RB is not a party to any shipping Agreement made between RB members via the RB Software Platform. As a result, We have no control over the quality, safety, or legal aspects of the transactions that take place on our website. RB does not prequalify or validate the claims of TSPs including with respect to their licensure, insurance and registration, nor does RB prequalify or validate the claims of brokers including those related to compliance with the Moving Ahead for Progress in the 21st Century Act (MAP-21). RB does not endorse, recommend or refer any specific TSP or Shipper, nor does RB have any control or influence over actions or decisions made by users of the service. All users of the RB Platform make their own decisions and You acknowledge and agree that We are not in any way arranging transportation services on Your behalf. Because We are not involved in the actual transaction between Shippers and TSPs, We have no control over the accuracy of listings, the ability of TSPs to transport items, or the ability of Shippers to send items. We cannot ensure the Shipper or TSP will actually complete a shipment. We cannot and do not guarantee the ability of members to complete or fulfill any services booked through the RB Platform. Due to the difficulty of individual authentication, We cannot and do not guarantee the verification of any member’s identity. Any identity verification methods We employ are strictly on a best efforts basis and should not be solely relied upon by our members. You acknowledge and agree that any and all communications, correspondence, verbal or written or by electronic means, or any warranties or representations, made with regard to the arrangement of transportation services are not provided by Us and are specifically and solely between You and the other member.
Availability of Platform and Services
You acknowledge that We cannot guarantee the continuous operation of or access to our sites, Services, or tools including those of third party solution providers. You further acknowledge that operation of and access to our sites, Services, or tools including those of third party solution providers may be interfered with as a result of technical issues or numerous factors outside of our control. You agree that You are making use of our sites, Services, and tools including those of third party solution providers at Your own risk, and that they are being provided to You on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, We exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, warranties of title, and fitness for a particular purpose. In addition, to the extent permitted by applicable law, We are not liable, and You agree not to hold RB responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting indirectly from:
Viruses or other malicious Software obtained by accessing our Services, or tools linked to our Services including those of third party solution providers; Glitches, bugs, errors, or inaccuracies of any kind including information and graphics obtained from or in our Services; The content, actions, or inactions of third parties, including items listed using our Services; Your need to modify practices, content, or behavior or Your loss of or inability to do business, as a result of changes to this Agreement or our policies; Changes to the Service availability, planned or unplanned service downtime; Changes to any RB products, features and Services.
Your Use of the Platform or Services
Specific to Seller
As a Seller, in addition to the applicable sale of goods legislation, You represent and warrant that You have the legal right and authorization to sell and, if applicable, export the Product, and You have good and marketable title to the Product. You agree to defend the title to the Product and to indemnify the Buyer against any costs associated with a defect in title. You agree that the description of the Product is valid and accurate based on current industry standards, that the Product delivered will be the same Product described in the Listing and in the photographs, videos or other documents made available by You, that the Product was both existing and identifiable at the time the Sell Listing was published, that the Product is present or will be present at the Shipment location on the date and time shown on the Listing (or Your applicable Contract or Agreement as the case may be), that You have obtained all the required approvals, permits, certifications, inspections, health records and other documents necessary for the sale, transportation, Shipment and, if applicable, export of the Product, and that You will ship the Product to the Buyer in accordance with the Contract. You agree that You will immediately, or as soon as practicable, communicate to the Buyer and RB any event or change in facts or circumstances that would make any representation or warranty given by You, as Seller, untrue or inaccurate, either at the time of listing or fulfillment. If You have selected a Transportation Service Provider (“TSP”) that you found using RB’s Platform, You have responsibility for the Shipment. This includes preparation of the Shipment, loading, safe handling, regulatory compliance, payment for transportation, and any other part of the Agreement you may choose to create with the Buyer or TSP. RB does not maintain shipment contracts and does not assume responsibility for any aspects of the Shipment.
Specific to Buyer
As a Buyer, in addition to the applicable sale of goods legislation and the law, as a Buyer You represent and warrant that You have the legal right and authorization to purchase, take Delivery and, if applicable, import the Product, and You have taken such steps as are necessary and advisable in accordance with applicable laws or commercial circumstances. You represent that You are voluntarily entering into Contracts and You agree that You have obtained all the required approvals, permits, certifications, health records and other documents necessary for the purchase, transportation, Delivery and, if applicable, import of the Product, and that You will take Delivery of the Product from the Seller in accordance with the Contract. You agree that You will immediately, or as soon as practicable, communicate to the Seller and RB any event or change in facts or circumstances that would make any representation or warranty given by You, as Buyer, untrue or inaccurate, either at the time of purchase Agreement or fulfillment. If You have chosen to deliver (or arrange delivery for) the product, You have responsibility for the Shipment. This includes preparation of the Shipment, loading, safe handling, regulatory compliance, payment for transportation, and any other part of the Agreement you may choose to create with the Seller or TSP. RB does not maintain shipment contracts and does not assume responsibility for any aspects of the Shipment.
Specific to Carrier Customer
As a Carrier Customer, You are responsible for reading all terms, conditions and tariffs published by TSPs, and when selecting and using the services of a Carrier on RB. You are agreeing to the TSPs terms, conditions and tariffs, and entering into a legally binding Agreement with the TSP, unless the transaction is prohibited by law or by this Agreement. You acknowledge that, unless otherwise noted by the TSP, pick-up dates, delivery dates and transit times are estimates only and are not guaranteed. Cancellations may be requested by either party prior to services being rendered, and You must notify the Buyer, Seller, and TSP (as applicable for a given Agreement), and update the RB Platform directly or contact RB to ensure the Platform data is up to date. A TSP reserves the right to inspect Your shipment before accepting it, contact the destination customer, and to refuse to transport any item prohibited by this Agreement or by law. IMPORTANT: RB does not screen or qualify TSPs for compliance with federal, state or local laws and regulations, including but not limited to broker compliance with the Moving Ahead for Progress in the 21st Century Act (MAP-21). It is recommended that You confirm such compliance directly with the TSP before services are rendered by the TSP. RB does not maintain shipment contracts and does not assume responsibility for any aspects of the Shipment.
Specific to Carrier
As a TSP, You must legally be able to transport the Shipments You book through RB. You agree that it is Your sole obligation to comply with all laws, rules, statutes and regulations that may apply including any and all local, state and federal licensing requirements TSPs agree that through the various products and features on RB that they are solely responsible for all aspects of services, pricing and terms they offer the Shipping Customer. Rates, services and terms are solely provided by the TSPs and not by RB. You understand and acknowledge that all shipment information is provided by other registered users and RB has no control over or responsibility for the accuracy of this information. You are responsible for reading all of the shipment details and by booking shipments on RB You are entering into a legally binding Agreement to complete the services as requested by the Shipping Customer. Your responsibilities for the Shipment are determined by Your Agreement or contract with the Shipping Customer. RB does not maintain Shipment contracts and does not assume responsibility for any aspects of the Shipment.
Shipping Customer and Carrier Requirements
Regarding prohibited and restricted items, You may not list any shipment on our site that violates any applicable law, statute, ordinance, regulation or prohibited items. Items that are hazardous or dangerous goods may pose a danger to health, safety, or property while being transported (such as explosives, radioactive materials, flammable gases and solids, and toxic substances). Hazardous or dangerous goods that cannot be shipped through the mail or commercial Carrier are not allowed on RB. The few hazardous materials that lawfully may be transported under certain conditions (if they are properly packaged and labeled) may be listed on RB - provided that the listing contains a clear notice of the hazardous nature of the material and a description of the planned method of shipping that complies with the law. For details on particular hazardous substances and transportation requirements in the US, see the U.S. Postal Service Publication 52. For details on particular hazardous substances and transportation requirements outside of the U.S., please consult Your local postal authority and/or regulatory agency. Prohibited regulated or perishable goods are restricted from transport. These are items considered restricted or perishable by the U.S. Postal Service which generally do not pose a danger to health, safety, or property while being transported, but their transport is regulated or banned for public policy reasons. Generally, restricted or perishable items that can lawfully be transported by mail or commercial Carrier are permitted on RB (see U.S. Postal Service Publication 52 for additional details). Full responsibility rests with the Shipper to comply with all postal and non-postal laws and regulations that relate to the mailing of hazardous, restricted and perishable material. Anyone who sends, or causes to be sent, a non-mailable or improperly packaged hazardous material can be subject to legal penalties (i.e., fines and/or imprisonment). For household goods shipments in the U.S., the Federal Motor Carrier Safety Administration (FMCSA), part of the U.S. Department of Transportation, administers laws and regulations for the protection of Shippers of household goods. Your TSP is required by the FMCSA to provide You with certain information pertaining to a household goods move. You can determine the FMCSA registration and safety status of Your TSP at www.fmcsa.dot.gov and review the FMCSA regulations for household goods moves as well as other information atwww.protectYourmove.gov. For non-household goods shipped in the U.S., the Federal Motor Carrier Safety Administration (“FMCSA”), part of the U.S. Department of Transportation, requires that all TSPs handling interstate shipments register with the FMCSA and provide certain information. You can determine the registration and safety statutes of Your TSP at www.fmcsa.dot.gov. Certain transportation services may involve movements only within one state. A number of states have statutes and regulations pertaining to such intrastate transportation. We suggest You check with Your state Department of Transportation if Your service is entirely within one state.
Right to Suspend or Remove Members
We reserve the absolute right to reject or suspend Your participation, or remove You from Your current participation, with the RB Services at any time and for any reason or for no reason and without notice to You. An event that may result in the suspension or removal of Your participation can include but is not limited to: any circumvention of the RB Services by You or by others at Your direction; Your creation, maintenance and/or management of more than one account; Your circumvention or non-payment in full of our fees; any attempt by You to improperly influence, or cause another to improperly influence the feedback of members; any attempt by You to harass, or cause another to harass, or commit inappropriate communications with a member and/or a failure to deliver the promised services on time; any attempt by You to harass, or cause another to harass, or commit inappropriate communications with one of Our employees, agents, or partners; or our knowledge of criminal convictions which We deem to be of risk to the RB community. Upon Your removal or suspension from the RB Services You may petition for reinstatement. Your petition for reinstatement must include a written statement as to why You should be reinstated and an acknowledgement and understanding of previous violations. Your petition will be reviewed at Our discretion and any determination as to Your reinstatement will be based on Our sole judgment. Your submission of a petition does not, in any manner, guarantee that You will be reinstated and We specifically disclaim any and all representations with respect to such guarantee. We will contact You as to Our decision to reinstate You. We are not obligated to give You any reason or basis as to Our decision. You understand that any decision as to reinstatement may be a simple, “yes” or “no.” All decisions are final.
Rating System and Feedback
For each RB transaction, the Buyer, Seller, and Carrier are allowed to rate each party to the transaction by leaving feedback for one another. Feedback consists of leaving one rating score, along with a short comment about Your experience. You acknowledge that Your feedback consists of comments left by other RB members and a composite feedback number compiled by RB. You agree that You will not use Your RB feedback in any venue other than RB. Members should always use caution and good judgment when leaving feedback for another member because, members could be held legally responsible for damages to a member's reputation if a court were to find that the remarks constitute libel or defamation. Under federal law (the Communications Decency Act), because RB does not censor feedback or investigate it for accuracy, RB is not legally responsible for the remarks that members post, even if those remarks are defamatory. However, this law does not protect the person who leaves the feedback from responsibility for it. RB reserves the right to remove feedback that in RB’s sole discretion contains inflammatory or offensive content, and suspend or remove the party responsible for said content from Our site. Feedback is meant to be constructive, informative, and factually based.
You are solely responsible for any and all taxes, levies, charges and fees incurred or that may be payable to any taxing authority in connection with the transactions hereunder, other than any income tax incurred and owed by RB. All fees stated for use of Our Services are net of any applicable taxes.
Product and Shipment Disputes
RB is a Platform service that brings Users together to conduct the buying, selling, and transport of goods. RB is not a party to transactions conducted on the Platform, to include any Agreements made with escrow or payment providers. Therefore, disputes between Users of the site, Users and financial institutions, or between Users and other entities or individuals that do not interact with the site, must be resolved among those parties involved. Should You have a dispute with one or more RB Users, with a financial institution, or with another entity or individual, You hereby release Ranch Builder, LLC, its officers, directors, agents, and employees from all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Disputes between You and Ranch Builder regarding our Products or Services should be reported to Ranch Builder using the Help & Contact page at www.ranchbuilder.com. We will attempt to resolve any disputes You have with us. Because We are a neutral venue, We are not responsible for resolving any disputes between You and members regarding products or services. If You report a dispute to Ranch Builder, We will make reasonable efforts to help both parties communicate; however, all disputes must be resolved directly between You and the other party. Therefore, if We are contacted by a member who claims to have a dispute with You regarding transactions completed on Ranch Builder and they request your contact information (including but not limited to any of your provided phone numbers and/or addresses) to settle the dispute, You expressly authorize Us to release your provided contact information to the Ranch Builder member and You agree to release Us from any and all liability associated therewith. We encourage You to report all member-to-member disputes to law enforcement officials, or a certified mediation or arbitration entity as applicable. When appropriate, We also encourage you to report disputes involving fraud, theft, or other criminal activity to the appropriate law enforcement agencies.
Any legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by RB to collect our fees and/or recover damages for, or obtain an injunction relating to, the RB operations, intellectual property, and our Services, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration shall be conducted in Bentonville, Arkansas, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
While RB uses reasonable efforts to include accurate and up-to-date information on the Platform, RB makes no warranties or representations as to the completeness, accuracy, or currency of any information on the Platform. RB reserves the right to change information on the Platform without notice.
Links may be established from the Software to one or more external websites, applications, or other resources operated by third parties (“Third Party Sites”). Certain Third Party Sites also may provide links to the Software. Such links should not be deemed to imply that RB endorses the Third Party Sites or any content therein. RB does not control and is not responsible for any Third Party Sites or any content, advertising, products, goods, services, or other materials on or available from such Third Party Sites. You access any Third Party Sites at Your own risk and subject to the terms and conditions of such Third Party Sites.
All data, questions, comments, feedback, suggestions, ideas, and other communications or material (collectively, “Communications”) that You submit or offer to RB in connection with Your use of the Software, whether via the Software, or via electronic mail, postal mail, telephone, or any other means, is and will be treated as non-confidential and non-proprietary. RB may use Communications for any purpose whatsoever including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. RB may use any ideas, concepts, know-how, or techniques contained in any Communication for any purpose whatsoever including, but not limited to, developing, and marketing products using such information.
You agree not to use any of RB’s confidential or proprietary information (including, but not limited to, User lists, data transfer processes, proprietary information, and application designs) for the benefit or use of any entity other than RB, or for any purpose not expressly permitted by these Terms and Conditions.
DISCLAIMER OF WARRANTIES
THE SOFTWARE, AND ALL CONTENT, ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THOSE OF ACCURACY, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. BY USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOUR USE IS AT YOUR SOLE RISK. IN SOME JURISDICTIONS, CERTAIN DISCLAIMERS OF IMPLIED WARRANTIES ARE NOT PERMITTED. IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
FOR PURPOSES OF THIS LIMITATION OF LIABILITY PROVISION, RB INCLUDES NOT ONLY RB BUT ALSO ITS PARENTS, SUBSIDIARIES, AFFILIATES, PREDECESSORS, SUCCESSORS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS. YOU WAIVE THE RIGHT TO ASSERT A CLAIM AGAINST RB MORE THAN TWELVE (12) MONTHS AFTER THE FIRST EVENT OR FACTS THAT GIVES RISE TO THE CLAIM. YOU AGREE THAT IN NO EVENT WILL RB NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SOFTWARE BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THIS SOFTWARE OR ANY OTHER LINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF DATA OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF RB IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. IN SOME JURISDICTIONS, CERTAIN LIMITATIONS OF LIABILITY ARE NOT PERMITTED. IN SUCH JURISDICTIONS, THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
For purposes of this indemnification provision, RB includes not only RB but also its parents, subsidiaries, affiliates, predecessors, successors and assigns, and each of their respective officers, directors, employees and agents. You agree to protect, defend, indemnify, and hold RB harmless from any claims, demands, actions, suits, losses, costs, liabilities, expenses , and damages of every kind and nature (including, without limitation, attorneys’ fees) relating to or arising from Your use of the Software, including: (a) Your breach of these Terms and Conditions or the documents they incorporate by reference; (b) your violation of any provision of this Agreement or the policies or Agreements which are incorporated herein; (c) Your violation of any law or the rights of a third party; (d) any allegation that any materials that You submit to Us, or transmit through the Software or to Us, infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and (d) any other conduct by You in the course of or in connection with Your use of the Software. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
Choice of Law and Venue
RB does not warrant that the materials published on the Platform are appropriate for use outside of the United States. If You access the Software from outside of the United States, You do so on Your own initiative and at Your own risk. These Terms and Conditions and Your use of the Software shall be governed by the laws of the State of Arkansas, without giving effect to its conflict of law provisions. In the event of a dispute between You and RB, You and RB agree to and waive any objection to personal jurisdiction and venue in the State of Arkansas. If a court of competent jurisdiction deems any part of these Terms and Conditions to violate any applicable law, that part shall be severed from these Terms and Conditions and the remaining parts shall continue in full force and effect.