Terms & Conditions

Date of Last Revision: 2016-09-09.

IMPORTANT:
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS (“TERMS“) CAREFULLY. IF YOU DO
NOT AGREE WITH THESE TERMS, YOU MUST NOT USE THIS WEBSITE OR
ANY OF THE SERVICES, CONTENT, FEATURES AND FUNCTIONALITY AVAILABLE THROUGH IT. BY USING THIS
WEBSITE AND/OR ANY OF THE AVAILABLE SERVICES, CONTENT,
FEATURES OR FUNCTIONALITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY AND
CAPACITY TO CONSENT TO THESE TERMS IN THEIR ENTIRETY AND YOU
ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND FULLY ACCEPT AND AGREE TO ALL OF THESE TERMS.
PLEASE PRINT AND KEEP A PAPER COPY AND/OR RETAIN AN ELECTRONIC
COPY OF THESE TERMS FOR YOUR RECORDS.

RocketJump, Inc. (“RocketJump”), operates this website (*.rocketjump.com) (the “Site”), and the
services related to or offered on the Site
(hereinafter, the “Services”). In addition to the aforementioned Services, RocketJump’s Services
may include, without limitation, tools, applications,
email services, bulletin and message boards, chat areas, news groups, forums, communities,
calendars, and downloadable mobile applications related to the
Site or provided through the Site. These Terms of Use (“TOU”) govern your use of the Site and
Services that are provided by RocketJump. Please read this
agreement carefully before accessing or using the Site or any of the Services. Each time you
access or use the Site or Services, you agree to be bound by
these TOU. If you do not agree to be bound by all of these TOU, you may not access or use the
Site or Services. In addition, certain areas of the Site or
Services may be subject to additional terms of use that RocketJump makes available for your
review. By using such areas, or any part thereof, you are
expressly indicating that you have read and agree to be bound by the additional terms of use
applicable to such areas. In the event that any of the
additional terms of use governing such area conflict with these TOU, the additional terms will
control. RocketJump reserves the right to amend this TOU at
any time and without notice. If RocketJump does this, RocketJump will post an updated TOU and
indicate at the top the date the TOU was last revised. Your
continued use of the Site and/or Services after any such posting constitutes your acceptance of
the new TOU. If you do not agree to these Terms or any
future Terms of Use, do not use or access (or continue to access) the Site and/or Service. This
Agreement applies to all visitors, users, and others who
access the Site and/or Service.

1. User Obligations.

You agree to abide by all applicable local, state, national, and international laws and
regulations, including U.S. export and re-export control and
economic sanction laws and regulations, with respect to your use of the Site and Services. You
also acknowledge and agree that your use of the Internet and
access to the Site is solely at your own risk. You should also understand that the
confidentiality of any communication or material transmitted to/from the
Site over the Internet or other form of global communication network cannot be guaranteed.
Accordingly, RocketJump is not responsible for the security of
any information transmitted to or from the Site. RocketJump reserves the right to prohibit or
terminate use of or access to the Site at any time, without
notice, for any reason whatsoever.

2. License Grant.

This TOU provides to you a personal, revocable, limited, non-exclusive, royalty-free,
non-transferable license to use the Site conditioned on your
continued compliance with these TOU. You may print and download materials and information from
the Site solely for your personal use, provided that all
hard copies contain all copyright and other applicable notices contained in such materials and
information.

3. Prohibited Activities.

The Site and the Services are not intended for children under the age of 13 and children under
13 should not use the Site or the Services. You acknowledge
and agree that the Site and Services contain proprietary and confidential information that is
protected by applicable intellectual property and other laws,
and are the sole property of RocketJump, or its content providers. Unless otherwise specified in
writing, the Services are for your personal and
non-commercial use. In connection with your use of the Site and/or the Services, you acknowledge
and agree that you will not: (i) copy, reverse engineer,
reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display,
perform, reproduce, publish, license, create derivative
works from, transfer or sell any information, software, products or services obtained through
the Site or the Services; (ii) access the Site or Services by
any means other than through the standard industry-accepted or RocketJump-provided interfaces;
(iii) post or transmit any material that contains a virus
or corrupted data; (iv) delete any author attributions, legal notices or proprietary
designations or labels; (v) violate any applicable local, state,
national or international law, rule or regulation or use the Site and/or the Services for any
purpose that is prohibited by these TOU; (vi) manipulate or
otherwise display the Site and/or the Services by using framing or similar navigational
technology; (vii) register, subscribe or unsubscribe any party for
any RocketJump product or service if you are not expressly authorized by such party to do so;
(viii) use the Site or the Services in any manner that could
damage, disable, overburden or impair RocketJump’s servers or networks, or interfere with any
other user’s use and enjoyment of the Site and/or the
Services; (ix) gain or attempt to gain unauthorized access to any of the Site, Services,
accounts, computer systems or networks connected to RocketJump
through hacking, password mining or any other means; (x) Obtain or attempt to obtain any
materials or information through any means not intentionally made
available through the Site or the Services or harvest or otherwise collect information about
other users without their consent; and (xi) use the Site in
any manner that could damage, disparage, or otherwise negatively impact RocketJump or its parent
companies, affiliates and/or subsidiaries. In addition,
you agree to comply with RocketJump’s Posting Guidelines below. WITHOUT LIMITING THE GENERALITY
OF THE FOREGOING, COPYING OR REPRODUCING ANY SERVICES,
PROGRAMS, PRODUCTS, INFORMATION OR MATERIALS PROVIDED BY ROCKETJUMP TO ANY OTHER SERVER OR
LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS
EXPRESSLY PROHIBITED.

4. Message Boards, Chat Rooms, Submissions and Posting Guidelines.

RocketJump may host message boards, chats and other public forums on its Site and through the
Services. Message boards, chats and other public forums are
intended to serve as discussion centers for users and subscribers of the Site. These are public
forums and any information that you post on the Site or
through the Services may be seen by anyone on the Internet. Any user will have the ability to
edit or delete their own posts after posting. When posting
information on the Site or through the Services, use good taste when discussing sensitive
topics. Both users and moderators are required to treat others
with respect and honesty. Be fair and informative. Post honest and valuable information and
don’t post rumors or negative opinions that are not supported
by facts.

In addition to the prohibited activities described above, when posting information and media on
the Site or through the Services you must not:

  • Post anything that interferes with or disrupts the Site or the operation thereof, including
    files that contain malicious code, viruses, corrupted
    files, or any other similar software or programs that may damage the operation of another’s
    computer, network or the Site;
  • Post statements or materials that are libelous or defame, harass, abuse, stalk, threaten,
    intimidate or in any way infringe on the rights of others;
  • Post statements or materials that violate other contractual or fiduciary rights, duties or
    agreements;
  • Post or upload personal information, pictures, videos or any other media of another person
    without their express permission;
  • Delete or revise any material posted by any other person or entity;
  • Post statements or materials that are bigoted, hateful, racially offensive, vulgar, obscene,
    pornographic, profane, or otherwise objectionable,
    including language or images that typically would not be considered socially or professionally
    responsible or appropriate in person;
  • Post statements or materials that encourage criminal conduct or that would give rise to civil
    liability or otherwise violate any law or regulation in
    any jurisdiction;
  • Post statements or materials that in any way harm minors;
  • Post statements or materials that impersonate any other person or entity, whether actual or
    fictitious, including, without limitation, employees and
    representatives of RocketJump;
  • Post statements or materials that misrepresent your affiliation with any entity and/or
    RocketJump;
  • Post anything that violates the privacy or publicity rights of any other person, including,
    without limitation, posting any personal identifying
    information of another individual, including, without limitation, addresses, phone numbers,
    email addresses, Social Security numbers, credit card
    numbers or any trade secrets or information for which you have any obligation of
    confidentiality;
  • Post statements or materials that constitute junk mail, spam or unauthorized advertising or
    promotional materials, including, without limitation, links
    to commercial products or services or any political campaigning;
  • Post material that in the sole judgment of RocketJump is objectionable or restricts or
    inhibits any person or entity from using or enjoying any
    interactive features or other portions of the Site, or which may expose RocketJump or its
    users to harm or liability of any nature; or
  • Post material that infringes, or that may infringe, any patent, trademark, trade secret,
    copyright or other intellectual or proprietary right of any
    party, or that you otherwise do not have the right to make available, without the express
    permission of the owner of the copyright, trademark or other
    proprietary right. RocketJump does not have any express burden of responsibility to provide
    any user with indications, markings or anything else that
    may aid any user in determining whether the material in question is copyrighted or
    trademarked. Users shall be solely liable for any damage resulting
    for infringements of copyrights, trademarks, proprietary rights or any other harm resulting
    from such submission.

Any user failing to comply with these guidelines may be expelled from and refused continued
access to the message boards, chats or other public forums in
the future. RocketJump or its designated agents may remove or alter any user-created content at
any time for any reason. Materials posted and/or uploaded
to the various public forums may be subject to size and usage limitations. You are responsible
for adhering to such limitations. RocketJump expressly
disclaims all responsibility and endorsement and makes no representation as to the validity of
any opinion, advice, information or statement made or
displayed in these forums by third parties, nor is RocketJump responsible for any errors or
omissions in such postings, or for hyperlinks embedded in any
messages. Under no circumstances will RocketJump, or its licensors, affiliates, suppliers or
agents be liable for any loss or damage caused by your
reliance on information obtained through these forums. The opinions expressed in these forums
are solely the opinions of the participants, and do not
reflect the opinions of RocketJump, its licensors or any of their subsidiaries or affiliates.
RocketJump and its licensors have no obligation whatsoever
to monitor any of the content or postings on the message boards, chat rooms or other public
forums. However, you acknowledge and agree that RocketJump
reserves the right to monitor the same at its sole discretion. RocketJump reserves the right to
alter, edit, refuse to post or remove any postings or
content, in whole or in part, for any reason and to disclose such materials and the
circumstances surrounding their transmission to any third party in
order to satisfy any applicable law, regulation, legal process or governmental request and to
protect itself, its clients, sponsors, users and visitors. In
addition, RocketJump reserves the right to contact users to inform them of policies, hide users’
posts or delete users’ accounts without warning or notice
in advance, for any reason, including but not limited to the violation of these terms.

Solicited submissions:
From time to time, RocketJump may invite you to submit to RocketJump audio and/or video material
for inclusion on the Site and/or Service and/or other
activities promoted by RocketJump on the Site and/or Service, or enter certain contests
RocketJump may sponsor, or submit comments and/or ideas to Rocket
Jump (“Submissions”). You may only submit these Submissions to RocketJump when specifically
invited to do so by RocketJump. These solicited Submissions
may be subject to further terms, conditions and restrictions. Submissions for the Site and/or
Service provided through third party websites are also
subject to specific terms, conditions and restrictions. If RocketJump does request that you send
RocketJump Submissions, these Submissions will be deemed
User Content (defined below). By submitting any Submission, you agree that your
disclosure is gratuitous, unsolicited and without
restriction and will not place RocketJump under any fiduciary or other obligation, that
RocketJump is free to disclose the Submission on a
non-confidential basis to anyone or otherwise use the Submission without any additional
compensation to you. You acknowledge that, by acceptance of your
Submission, RocketJump does not waive any rights to use similar or related ideas previously
known to RocketJump, or developed by its employees, or
obtained from sources other than you.

Unsolicited submissions:
Other than those RocketJump specifically requests, RocketJump does not accept or consider
unsolicited creative materials, ideas or suggestions either via
the website, email or other means. This is to avoid any misunderstandings if your ideas are
similar to those RocketJump has developed or obtained
independently.

By sending or transmitting to RocketJump content, images, video, audio files, creative
suggestions, ideas, notes, concepts, information or other materials
(collectively, “User Content”), or by posting such User Content on the Site, you hereby grant to
RocketJump and its designees a worldwide, non-exclusive,
sublicenseable, assignable, royalty-free, perpetual, irrevocable right to use, reproduce,
distribute, modify, create derivative works of, publicly perform,
publicly display, digitally perform, sell, offer for sale and import such User Content in any
media now known or hereafter devised, for any purpose
whatsoever, commercial or otherwise, without compensation to you. The foregoing license to
RocketJump shall be fully paid-up and royalty free. You
represent and warrant that any person or entity named or pictured in such User Content has
provided any necessary licenses, rights or authorizations to
allow RocketJump ‘s use of such User Content in accordance with such license. None of the User
Content disclosed or posted via message boards, chats or
other public forums shall be subject to any obligation, whether of confidentiality, attribution
or otherwise.

5. Commercial Transactions.

Certain products or services may be offered for sale on the Site or through the Services. In the
event you wish to purchase or to subscribe for any of
these products or services, you will be asked by RocketJump or an authorized third party to
supply certain information, including without limitation, your
full name, address, telephone number and credit card information. You agree to provide
RocketJump or such third party with the foregoing information as
well as any other mandatory information. You agree that any such information provided shall be
accurate, complete and current. You agree to comply with the
terms and conditions of any agreement that you may enter into governing your purchase of the
product or service. You shall be responsible for all charges
incurred through your account as well as for paying any applicable taxes. By providing
RocketJump with your credit card number and associated payment
information, you agree that RocketJump and/or its third party service providers are authorized
to immediately invoice your account for all fees and
charges due and payable to RocketJump as a result of your order, including but not limited to
service fees, subscription fees or any other fee or charge
associated with your access to the Services and/or purchase of products. In the event that
access to an applicable Service requires a recurring payment,
you agree that RocketJump (or its third party payment service provider) may automatically
invoice your account at the beginning of each recurring period.
RocketJump reserves the right to increase charges and fees, or to institute new charges or fees
at any time, upon reasonable advance notice communicated
to you through a posting on the applicable Site or such other means as RocketJump may deem
appropriate from time to time (including electronic mail or
conventional mail). You agree to immediately notify RocketJump of any change in your billing
address or the credit card used for payment hereunder. Your
right to use a paid service or a specific product is conditional upon RocketJump’s receipt of
payment. If payment cannot be charged to your credit card or
if a charge is refunded for any reason, including chargeback, RocketJump reserves the right to
either suspend or terminate your access and account. You
agree that in the event RocketJump is unable to collect the fees you owe RocketJump it for the
products or services specified in your order, RocketJump
may take any other steps it deems necessary to collect such fees from you, and that you will be
responsible for all costs and expenses incurred by Rocket
Jump in connection with such collection activity, including collection fees, interest, court
costs and attorneys’ fees. To review the billing terms on your
account or to terminate a subscription service, you may access your account via
https://accounts.rocketjump.com.

6. Third Party Content.

Any opinions, advice, statements, services, advertisements, offers or other information or
content expressed or made available through the Site by third
parties, including information providers, are those of the respective authors or distributors
and not RocketJump. Neither RocketJump, its licensors nor
any third-party content providers guarantee the accuracy, completeness or usefulness of any
content. Furthermore, neither RocketJump nor its licensors
endorse or are responsible for the accuracy and reliability of any opinion, advice or statement
made on any of the Site or Services by anyone other than an
authorized RocketJump or licensor representative while acting in his/her official capacity. You
may be exposed through the Site or Services to content
that violates RocketJump’s policies, is sexually explicit or is otherwise offensive. You access
the Site and Services at your own risk. RocketJump takes
no responsibility for your exposure to third party content on the Site or the Services.
RocketJump and its licensors do not assume, and expressly
disclaim, any obligation to obtain and include any information other than that provided to it by
its third party sources. It should be understood that
RocketJump does not advocate the use of any product or procedure described in the Site or
through the Services, nor is RocketJump responsible for misuse
of a product or procedure due to typographical error.

7. Sweepstakes, Contests and Games.

If RocketJump conducts a sweepstake, contest, or game on the Site, the rules governing any of
the foregoing shall be accessible through a hypertext link
prominently displayed on the page where the sweepstake, contest or game may be located. By
entering or participating in any of them, you agree to be
subject to those rules, regulations and procedures. Please remember to read the rules carefully
before participating.

8. Accounts, Passwords and Security.

If the Site or any of the Services require you to open an account, you must complete the
registration process by providing RocketJump with current,
complete and accurate information, as prompted by the applicable registration form. You
acknowledge that by providing any information to RocketJump which
is untrue, inaccurate, not current or incomplete, RocketJump reserves the right to terminate
your access and use of the Site and/or the Services. As part of
the registration process, you will be asked to select a username and password. You are entirely
responsible for maintaining the security and confidentiality
of your account and password. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL
ACTIVITIES AND
CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You agree to
notify RocketJump immediately of any unauthorized use of
your account or any other breach of security. Neither RocketJump nor its licensors will be
liable for any loss that you may incur as a result of someone
else using your password or account, either with or without your knowledge. You may be held
liable for any losses incurred by RocketJump, its licensors or
another party due to someone else using your account or password.

9. Linking to the Site.

RocketJump reserves the right to disallow you to link to the Site at any time in its sole
discretion. If RocketJump exercises such right, you agree to
immediately remove and disable any and all of your links to the Site. In the absence of a
written agreement with RocketJump specifying how you may link to
the Site, use the following guidelines for adding one or more links to the Site from your
website:

  • The link must be a text-only link that clearly includes the URL of the applicable Site;
  • The appearance, position and other aspects of the link may not be such as to damage or dilute
    the goodwill associated with RocketJump’s good name and
    trademarks;
  • The appearance, position and other aspects of the link may not create the false impression
    that an entity is associated with, sponsored by, or endorsed
    by RocketJump;
  • The link, when activated by a user, must display the Site full-screen and not within a “frame”
    on the linking website and linking may not trigger any
    interstitial or pop-up or pop-under windows; and
  • The link may not be used in connection with or appear on a website that a reasonable person
    might consider offensive, obscene, defamatory or otherwise
    malicious.

10. Disclaimer Regarding Linked Third Party Sites.

The links on the Site and/or any of the Services will let you leave the particular Sites or
Service you are accessing in order to access a linked third
party site (the “Linked Sites”). RocketJump provides these links as a convenience, but
RocketJump neither controls nor endorses these Linked Sites, nor
has RocketJump reviewed or approved the content which appears on the Linked Sites. RocketJump is
not responsible for the legality, accuracy or
appropriateness of any content, advertising, products, services or other materials on or
available from any Linked Sites. You acknowledge and agree that
RocketJump shall not be responsible or liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with the
use of any of the links, content, goods or services available on or through the Linked Sites.

11. Dealings with Third Parties.

Your participation, correspondence or business dealings with any third party found on or through
the Site and Services, including, without limitation,
advertisers and other users, regarding payment and delivery of specific goods and services, and
any other terms, conditions, representations or warranties
associated with such dealings, are solely between you and such third party. You agree that
RocketJump shall not be responsible or liable for any loss,
damage, or other matters of any sort incurred as the result of such dealings.

12. Privacy.

RocketJump’s privacy policy with respect to the collection and use of your personally
identifiable information is set forth in our <%= link_to ‘Privacy Policy’, privacy_path %>,
and is incorporated by reference into these TOU. BY ACCESSING THE SITES AND/OR SERVICES, YOU
AGREE THAT YOU ARE ACCEPTING ROCKETJUMP’S PRIVACY POLICY.

13. Disclaimer of Warranties.

THE SITE AND THE SERVICES, AND ANY CONTENT, TOOLS, PRODUCTS OR SERVICES DISPLAYED, ACCESSED OR
OBTAINED ON OR THROUGH THE SITE AND SERVICES ARE PROVIDED
“AS IS”, “AS AVAILABLE”, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR
STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE,
NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE
GENERALITY OF THE FOREGOING, ROCKETJUMP, ITS LICENSORS AND
THEIR AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT AND EXPRESSLY DISCLAIM THAT: (i) YOUR USE
OF THE SITES AND/OR SERVICES AND ACCESS TO AND USE OF ALL
OF THE TOOLS AND FEATURES THEREON WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; (ii) THAT ANY
INFORMATION OBTAINED THEREIN IS ACCURATE, RELIABLE OR
COMPLETE; (iii) THAT DEFECTS WILL BE CORRECTED; OR (iv) THAT ANY SOFTWARE, SERVICES, SITES OR
SERVER(S) ON WHICH THE SITES OR SERVICES ARE HOSTED ARE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITES AND THE SERVICES AND ANY
INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THE SITES AND
SERVICES ARE ENTIRELY AT YOUR OWN RISK. ROCKETJUMP MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT
THE PRODUCTS OR SERVICES SOLD OR ADVERTISED HEREIN OR
ABOUT THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON ANY SUCH
PRODUCTS OR SERVICES WITH REGARD TO THE CONTENT CONTAINED
ON THE SITE OR THROUGH THE SERVICES.

14. Limitation of Liability.

NEITHER ROCKETJUMP NOR ITS LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR
SPONSORS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR
ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR
OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT
LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (i) THE USE OF OR INABILITY
TO USE THE SITE AND/OR THE SERVICES; (ii) ANY CONTENT
CONTAINED ON THE SITE AND/OR THE SERVICES; (iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY
AVAILABLE ON THE SITE AND/OR THE SERVICES; (iv) ANY PRODUCT
OR SERVICE PURCHASED OR OBTAINED THROUGH THE SITE AND/OR SERVICES; (v) ANY ACTION TAKEN IN
RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE
SITE AND/OR SERVICES; (vi) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO
STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE
SITE AND/OR SERVICES; OR (vii) ANY OTHER MATTER RELATING TO THE SITE AND/OR THE SERVICES. IN NO
EVENT SHALL THE TOTAL LIABILITY OF ROCKETJUMP OR ITS
LICENSORS TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY
YOU, IF ANY, FOR USING THE SITE AND/OR ANY OF THE
SERVICES. Some jurisdictions do not allow the exclusion of certain warranties or the limitation
or exclusion of liability for incidental or consequential
damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the
extent that RocketJump may not, as a matter of applicable
law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty
and the extent of RocketJump’s liability will be the
minimum permitted under such applicable law.

15. Indemnification.

You agree to indemnify, defend and hold RocketJump and its respective licensors, subsidiaries,
affiliates, officers, directors, agents, co-branders or
other partners, employees and representatives harmless from and against any and all claims,
damages, losses, costs or expenses (including reasonable
attorneys’ fees and disbursements) which arise directly or indirectly out of or from (i) your
breach of these TOU; (ii) any allegation that any Submission
Materials infringe or otherwise violate the copyright, trade secret, trademark or other
intellectual property rights of a third party; and (iii) your
access or use of the Site or any of the Services.

16. Copyright Policy.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners
who believe that material appearing on the Internet
infringes their rights under the U.S. copyright law. If you believe in good faith that materials
hosted by RocketJump infringe your copyright, you or your
agent may send to RocketJump a notice requesting that the material be removed or access to it be
blocked. Any notification by a copyright owner or a
person authorized to act on its behalf that fails to comply with requirements of the DMCA shall
not be considered sufficient notice and shall not be deemed
to confer upon RocketJump actual knowledge of facts or circumstances from which infringing
material or acts are evident. If you believe in good faith that
a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to
send to RocketJump a counter-notice. All notices and
counter notices must meet the then current statutory requirements imposed by the DMCA; see
http://www.loc.gov/copyright for details. If you
believe that your work has been copied in a way that
constitutes copyright infringement, please provide RocketJump’s Copyright Agent the following
information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of
    the copyright interest;
  • Identification of the copyrighted work that you claim has been infringed;
  • Identification of where the material that you claim is infringing is located on the Site or
    Service reasonably sufficient to permit RocketJump to
    locate the material;
  • Information reasonably sufficient to permit RocketJump to contact you, such as your address,
    telephone number and, if available, your email address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized
    by the copyright owner, its agent, or the law; and
  • A statement by you, made under penalty of perjury, that the above information in your notice
    is accurate and that you are the copyright owner or
    authorized to act on the copyright owner’s behalf.

RocketJump’s Copyright Agent for notice of claims of copyright infringement or counter notices
can be reached as follows: <%= mail_to ‘licensing@rocketjump.com’ %>.
RocketJump suggests that you consult your legal advisor before filing a notice or
counter-notice. Also,
be aware that there can be penalties for false claims under the DMCA.

17. Jurisdictional Issues.

RocketJump makes no representation or warranty that the content and materials on the Site or the
Services are appropriate or available for use in
locations outside the United States. Those who choose to access the Site or use the Services
from other locations do so on their own initiative and at
their own risk, and are responsible for compliance with local laws, if and to the extent
applicable. RocketJump reserves the right, at any time in its
sole discretion, to limit the availability and accessibility of the Site or the Services to any
person, geographic area or jurisdiction RocketJump so
desires, and to limit the quantities of any such service or products that RocketJump may
provide.

18. Termination.

You agree that RocketJump, in its sole discretion, may terminate your password, account (in
whole or in part) or use of the Site or Services, and remove
and discard any content within the Site or Services, at any time and for any reason. You agree
that any actions taken under this Section may be effective
without prior notice to you.

19. Governing Law.

These TOU and the relationship between you and RocketJump shall be governed by and construed in
accordance with the laws of the State of California,
without regard to its conflict of law provisions. You and RocketJump irrevocably agree to submit
to the personal and exclusive jurisdiction of the federal
and state courts located within the county of Los Angeles, in the State of California, and waive
any jurisdictional, venue or inconvenient forum objections
to such courts.

20. Waiver and Severability.

The failure of RocketJump to exercise or enforce any right or provision of these TOU shall not
constitute a waiver of such right or provision. If any
provision of these TOU is found by a court of competent jurisdiction to be unlawful, void or for
any reason unenforceable, then that provision shall be
deemed severed herefrom and shall not affect the validity and enforceability of any remaining
provisions.

21. Successors and Assigns.

RocketJump may perform any of its obligations or exercise any of its rights under this TOU
through one or more of its corporate affiliates (including any
entity that directly or indirectly controls, is controlled by or is under common control with
RocketJump). If RocketJump or its assets are acquired by
another entity, that entity will assume RocketJump’s rights and obligations as described in this
TOU. You may not assign your rights or obligations under
this TOU, by operation of law or otherwise, without RocketJump’s prior written consent.

22. Updates.

RocketJump may modify these TOU at any time, as it deems appropriate. If you disagree with the
changes to the TOU, you must discontinue your use of the
Site and Services, and if you have registered as a member, cancel your registration. Your
continued access or use of any of the Site or Services following
such notice signifies your acceptance of the modified TOU. It is your responsibility to review
the TOU regularly to be aware of such modifications. Rocket
Jump reserves the right to modify or discontinue the Site or Services with or without notice.
RocketJump will not be liable to you or any third party
should RocketJump exercise its right to modify or discontinue the Site or Services. If you
object to any such changes, your sole recourse will be to cease
access to the Site or Services. Continued access to the Site or Services following notice of any
such changes will indicate your acknowledgement of such
changes and acceptance of the Site or Services as so modified and your use of new Services will
be governed by these TOU.