Last Modified: September
9, 2019
Acceptance of the Terms of Use
These terms of use are entered
into by and between the customer (“You”
or “Your”) and Ruch Technologies LLC
(“Company”, “We”, “Us” or “Our”). The following terms and conditions, together with any
documents they expressly incorporate by reference (collectively, these “Terms
of Use”), govern Your access to and use of www.bangyourbuck.com (the “Site”), including, without limitation (hereafter
“including”), any content, functionality and services offered on or through www.bangyourbuck.com
(collectively, the “Service”),
whether as a guest or a registered user.
Please read the Terms of
Use carefully before You start to use the Service. By using the Service and
intending to be legally bound hereby, You accept and
agree to be bound and abide by these Terms of Use and Our Privacy Policy, found
at www.bangyourbuck.com, incorporated herein by reference.
If You do not want to agree to these Terms of Use or the Privacy Policy, You must not access or use the Service.
The Service is offered and
available to users who are 18 years of age or older. By using the Service, You represent and warrant that You are of legal age to form
a binding contract with the Company and meet all of the foregoing eligibility
requirements. If You do not meet all of these requirements, You
must not access or use the Service.
We grant You a personal,
limited, non-transferable, non-exclusive license to access and use the Site. We
may revise and update these Terms of Use from time to time in Our sole
discretion. All changes are effective immediately when We post them and apply
to all access to and use of the Service thereafter. However, any changes to the
dispute resolution provisions set forth in Governing Law and Jurisdiction will
not apply to any disputes for which the parties have actual notice prior to the
date the change is posted on the Service.
Your continued use of the
Service following the posting of revised Terms of Use means that You accept and
agree to the changes. You are expected to check this page frequently so You are
aware of any changes, as they are binding on You.
Accessing
the Service and Account Security
We reserve the right to
withdraw or amend the Service, and any service or material We provide on the
Service, in Our sole discretion without notice. We will not be liable if, for
any reason, all or any part of the Service is unavailable at any time or for any
period. From time to time, We may restrict access to
some parts of the Service, or the entire Service, to users, including
registered users.
You are responsible for:
To access the Service or some of the resources it offers, You may be asked to provide certain registration details or
other information. It is a condition of Your use of the Service that all the
information You provide on the Service is correct, current and complete. You
agree that all information You provide to register with the Service or
otherwise, including, but not limited to, the use of any interactive features
on the Service, is governed by Our Privacy Policy www.bangyourbuck.com/privacy, and
You consent to all actions We take caution with respect to Your information,
consistent with Our Privacy Policy.
If You choose, or are provided
with, a user name, password, or any other piece of information as part of Our
security procedures, You must treat such information
as confidential, and You must not disclose it to any other person or entity. Your
account is personal to You, and You must not provide any other person with
access to the Service or portions of it using Your user name, password, or
other security information. You must notify Us immediately of any unauthorized
access to or use of Your user name or password or any other breach of security.
You must also ensure that You exit from Your account at the end of each
session. You will use particular caution when accessing Your account from a
public or shared computer so that others are not able to view or record Your
password or other personal information.
We have the right to disable
any user name, password, or other identifier, whether chosen by You or provided
by Us, at any time in Our sole discretion for any or no reason, including if,
in Our opinion, You have violated any provision of
these Terms of Use.
The Service and its entire
contents, features, and functionality (including all information, software,
text, displays, images, video and audio, and the design, selection, and
arrangement thereof), are owned by the Company, its licensors or other
providers of such material and are protected by United States and international
copyright, trademark, patent, trade secret, and other intellectual property or
proprietary rights laws.
These Terms of Use permit You
to use the Service for Your personal, non-commercial use only. You must not
reproduce, distribute, modify, create derivative works of, publicly display,
publicly perform, republish, download, store, or transmit any of the material
on Our Website, except as follows:
You must not:
§ Modify
copies of any materials from this site;
§ Use
any illustrations, photographs, video or audio sequences, or any graphics
separately from the accompanying text; and
§ Delete
or alter any copyright, trademark, or other proprietary rights notices from
copies of materials from this site.
You must not access or use for any commercial purposes any part of
the Service or any services or materials available through the Service.
If You print, copy, modify,
download, or otherwise use or provide any other person with access to any part
of the Service in breach of the Terms of Use, Your right to use the Service
will cease immediately and You must, at Our option, return or destroy any
copies of the materials You have produced. No right, title, or interest in or
to the Service or any content on the Service is transferred to You, and all
rights not expressly granted are reserved by the Company. Any use of the
Service not expressly permitted by these Terms of Use is a breach of these
Terms of Use and may violate copyright, trademark, and other laws.
The Company name, the Company
logo, and all related names, logos, product and service names, designs, and
slogans are trademarks of the Company or its affiliates or licensors. You must
not use such marks without the prior written permission of the Company. All
other names, logos, product and service names, designs, and slogans on the
Service are the trademarks of their respective owners.
Prohibited Uses
You may use the Service only
for lawful purposes and in accordance with these Terms of Use. You must not use
the Service:
Additionally,
You must not:
The Service may contain
message boards, chat rooms, personal web pages or profiles, forums, bulletin
boards, product listings, review pages, and other interactive features
(collectively, “Interactive Services”) that allow users to post, submit,
publish, display, or transmit to other users or other persons (hereinafter, “Post”)
content or materials (collectively, “User Contributions”) on or through the
Service.
All User Contributions must
comply with the Content Standards set out in these Terms of Use.
Any User Contribution You post
to the site will be considered non-confidential and non-proprietary. By
providing any User Contribution on the Service, You
grant Us and Our affiliates and service providers, and each of their and Our
respective licensees, successors, and assigns the right to use, reproduce,
modify, perform, display, distribute and otherwise disclose to third parties
any such material for any purpose.
You represent and warrant
that:
§ You
own or control all rights in and to the User Contributions and have the right
to grant the license granted above to Us and Our affiliates and service providers,
and each of their and Our respective licensees, successors, and assigns; and
§ All of
Your User Contributions do and will comply with these Terms of Use.
You understand and acknowledge that You are responsible for any
User Contributions You submit or contribute, and You, but not the Company, have
full responsibility for such content, including its legality, reliability,
accuracy, and appropriateness.
We are not responsible, or
liable to any third-party, for the content or accuracy of any User
Contributions posted by You or any other user of the Service.
Monitoring
and Enforcement; Termination
We have the right to:
§ Remove
or refuse to post any User Contributions for any or no reason in Our sole
discretion;
§ Take
any action with respect to any User Contribution that We deem necessary or
appropriate in Our sole discretion, including, without limitation, if We
believe that such User Contribution violates the Terms of Use, including the
Content Standards, infringes any intellectual property right or other right of
any person or entity, threatens the personal safety of users of the Service or
the public, or could create liability for the Company;
§ Disclose
Your identity or other information about You to any third-party who claims that
material posted by You violates their rights, including their intellectual
property rights or their right to privacy;
§ Take
appropriate legal action, including, referral to law enforcement, for any
illegal or unauthorized use of the Service; and
§ Terminate
or suspend Your access to all or part of the Service for any or no reason,
including, without limitation, any violation of these Terms of Use.
Without limiting the foregoing, We have
the right to fully cooperate with any law enforcement authorities or court
order requesting or directing Us to disclose the identity or other information
of anyone posting any materials on or through the Service. YOU WAIVE AND HOLD
HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM
ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING
PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN
AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT
AUTHORITIES.
We cannot review all material
before it is posted on the Service and cannot ensure prompt removal of
objectionable material after it has been posted. Accordingly, We assume no liability for any action or inaction regarding
transmissions, communications, or content provided by any user or third-party. We
have no liability or responsibility to anyone for performance or nonperformance
of the activities described in this section.
These content standards apply
to any and all User Contributions and use of Interactive Services. User
Contributions must in their entirety comply with all applicable federal, state,
local and international laws and regulations. Without limiting the foregoing,
User Contributions must not:
§ Contain
any material which is defamatory, obscene, indecent, abusive, offensive,
harassing, violent, hateful, inflammatory, or otherwise objectionable;
§ Promote
sexually explicit or pornographic material, violence, or discrimination based
on race, sex, religion, nationality, disability, sexual orientation, or age;
§ Infringe
any patent, trademark, trade secret, copyright, or other intellectual property
or other rights of any other person;
§ Violate
the legal rights (including the rights of publicity and privacy) of others or
contain any material that could give rise to any civil or criminal liability
under applicable laws or regulations or that otherwise may be
in conflict with these Terms of Use and Our Privacy Policy www.bangyourbuck.com/private;
§ Be
likely to deceive any person;
§ Promote
any illegal activity, or advocate, promote, or assist any unlawful act;
§ Cause
annoyance, inconvenience or needless anxiety to, or be likely to upset,
embarrass, alarm, or annoy any other person;
§ Impersonate
any person or misrepresent Your identity or affiliation with any person or
organization;
§ Involve
commercial activities or sales, such as contests, sweepstakes and other sales
promotions, barter, or advertising; and
§ Give
the impression that they emanate from or are endorsed by Us or any other person
or entity if this is not the case.
If You believe that any User
Contributions violate Your copyright, please contact Us at ruchtechnologies@gmail.com
for instructions on sending Us a notice of copyright infringement. It is the
policy of the Company to terminate the user accounts of repeat infringers.
Reliance
on Information Posted
The information presented on
or through the Service is made available solely for general information
purposes. We do not warrant the accuracy, completeness, or usefulness of this
information. Any reliance You place on such information is strictly at Your own
risk. We disclaim all liability and responsibility arising from any reliance
placed on such materials by You or any other visitor to the Service, or by
anyone who may be informed of any of its contents.
The Service may from time to
time include content provided by third parties, including materials provided by
other users, bloggers and third-party licensors, syndicators, aggregators,
and/or reporting services. All statements and/or opinions expressed in these
materials, and all articles and responses to questions and other content, other
than the content provided by the Company, are solely the opinions and the
responsibility of the person or entity providing those materials. These
materials do not necessarily reflect the opinion of the Company. We are not
responsible or liable to You or any third-party, for the content or accuracy of
any materials provided by any third-parties.
We may update the content on the
Service from time to time, but its content is not necessarily complete or
up-to-date. Any of the material on the Service may be out of date at any given
time, and We are under no obligation to update such material.
Information
About You and Your Visits to the Service
All information We collect on the
Service is subject to Our Privacy Policy
www.bangyourbuck.com/private. By using the Service, You consent to all actions taken by Us with respect to Your
information, so long as such actions remain in compliance with the Privacy
Policy.
Linking
to the Service and Social Media Features
You may link to Our homepage,
provided You do so in a way that is fair and legal and does not damage Our
reputation or take advantage of it, but You must not establish a link in such a
way as to suggest any form of association, approval, or endorsement on Our part.
The Service may provide
certain social media features that enable You to:
§ Link
from Your own or certain third-party websites to certain content on the Service;
§ Send
e-mails or other communications with certain content, or links to certain
content, on the Service; and
§ Cause
limited portions of content on the Service to be displayed or appear to be
displayed on Your own or certain third-party websites.
You may use these features
solely as they are provided by Us and solely with respect to the content they
are displayed with and otherwise in accordance with any additional terms and
conditions We provide with respect to such features. Subject to the foregoing, You
must not:
§ Establish
a link from any website that is not owned by You;
§ Cause the
Service or portions of it to be displayed, or appear to be displayed, by
actions such as framing, deep linking or in-line linking, on any other site;
§ Link
to any part of the Service other than the homepage; and
§ Otherwise
take any action with respect to the materials on the Service that is
inconsistent with any other provision of these Terms of Use.
The Service from which You are linking, or on which You make
certain content accessible, must comply in all respects with the Content
Standards set out in these Terms of Use.
You agree to cooperate with Us
in causing any unauthorized framing or linking immediately to cease. We reserve
the right to withdraw linking permission without notice.
We may disable all or any
social media features and any links, at any time, without notice, in Our
discretion.
If the Service contains links
to other sites and resources provided by third parties, these links are
provided for Your convenience only. This includes links contained in
advertisements, including banner advertisements and sponsored links. We have no
control over the contents of those sites or resources, We and accept no
responsibility for them or for any loss or damage that may arise from Your use
of them. If You decide to access any of the third-party websites linked to the
Service, You do so entirely at Your own risk and
subject to the terms and conditions of use for such websites.
The owner of the Service is
based in the Commonwealth of Pennsylvania in the United States. We provide the
Service for use only by persons located in the United States. We make no claims
that the Service or any of its content is accessible or appropriate outside of
the United States. Access to the Service may not be legal by certain persons or
in certain countries. If You access the Service from outside the United States,
You do so on Your own initiative and are responsible
for compliance with local laws.
You understand that We cannot
and do not guarantee or warrant that files available for downloading from the
internet or the Service will be free of viruses or other destructive code. You
are responsible for implementing sufficient procedures and checkpoints to
satisfy Your particular requirements for anti-virus protection and accuracy of
data input and output and for maintaining a means external to Our site for any
reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE
CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER
TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT,
COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE
SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR TO YOUR DOWNLOADING
OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE SERVICE, ITS
CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE IS AT YOUR OWN
RISK. THE SERVICE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE
SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY
PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH
RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR
AVAILABILITY OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER THE
COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE
SERVICE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE
WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE
CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICE OR ANY SERVICES OR
ITEMS OBTAINED THROUGH THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR
EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE,
INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR
PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT
ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN NO EVENT WILL THE COMPANY,
ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS,
OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL
THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE
SERVICE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICE OR SUCH OTHER
WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR SUCH OTHER
WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL,
OR PUNITIVE DAMAGES, INCLUDING PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL
DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED
SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY
TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF
FORESEEABLE.
THE FOREGOING DOES NOT AFFECT
ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You will defend, indemnify and
hold harmless the Company, its affiliates, licensors, and service providers,
and its and their respective officers, directors, employees, contractors,
agents, licensors, suppliers, successors, and assigns from and against any
claims, liabilities, damages, judgments, awards, losses, costs, expenses, or
fees (including reasonable attorneys’ fees) arising out of or relating to Your
violation of these Terms of Use or Your use of the Service, including Your User
Contributions, any use of the Service’s content, services, and products other
than as expressly authorized in these Terms of Use or Your use of any
information obtained from the Service.
Governing
Law and Jurisdiction
All matters relating to the
Service and these Terms of Use and any dispute or claim arising therefrom or
related thereto (in each case, including non-contractual disputes or claims),
shall be governed by and construed in accordance with the internal laws of the
Commonwealth of Pennsylvania without giving effect to any choice or conflict of
law provision or rule (whether of the Commonwealth of Pennsylvania or any other
jurisdiction).
Any legal suit, action or
proceeding arising out of, or related to, these Terms of Use or the Service
shall be instituted exclusively in the federal courts of the United States or
the courts of the Commonwealth of Pennsylvania, in each case located in the
Federal Court for the Middle District of Pennsylvania. You waive any and all
objections to the exercise of jurisdiction over You by such courts and to venue
in such courts.
At Company’s sole discretion,
it may require You to submit any disputes arising from the use of these Terms
of Use or the Service, including disputes arising from or concerning their
interpretation, violation, invalidity, non-performance, or termination, to
final and binding arbitration under the Rules of Arbitration of the American
Arbitration Association, applying Pennsylvania law.
Limitation
on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU
MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICE MUST
BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION OCCURS, OR SUCH CAUSE OF
ACTION OR CLAIM SHALL BE PERMANENTLY BARRED.
Waiver and Severability
No waiver of by the Company of
any term or condition set forth in these Terms of Use shall be deemed a further
or continuing waiver of such term or condition or a waiver of any other term or
condition, and any failure of the Company to assert a right or provision under
these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these
Terms of Use is held by a court or other tribunal of competent jurisdiction to
be invalid, illegal or unenforceable for any reason, such provision shall be eliminated
or limited to the minimum extent such that the remaining provisions of the
Terms of Use will continue in full force and effect.
The Terms of Use and Privacy
Policy constitute the sole and entire agreement between You and Purpose Ruch
Technologies LLC with respect to the Service and supersede all prior and
contemporaneous understandings, agreements, representations and warranties,
both written and oral, with respect to the Service.
Your Comments and
Concerns
The Service is operated by Ruch
Technologies LLC, Pennsylvania.
All other feedback, comments,
requests for technical support and other communications relating to the Service
should be directed to ruchtechnologies@gmail.com