Terms of Service
Last Revised: December 1, 2009
The following document comprises of your legal rights, obligations, and a dispute resolution cause. You must read and agree to these Terms of Service prior to using RivePoint.
RivePoint Terms of Service
Message and data rates may apply. Text "HELP" to 25352 to receive instructions on how to retrieve help information. Text "STOP" to 25352 to ensure no SMS messages will be sent from RivePoint to your mobile device unless you send another text to 25352. RivePoint is an on-demand service that requires users to text keywords to 25352 in order to receive reply texts with relevant information, thus there is no subscription duration. There is no opt-in service and users will only receive one text for every text they send to 25352 as a response text.
These terms and conditions ("Terms of Service") apply exclusively to your access to, and use of, the RivePoint.com Web site (the "Site"), which is operated by RivePoint, Inc. ("RivePoint") and the services provided thereon by RivePoint and accessed through the Site and your mobile device (the "RivePoint Service"). These Terms of Service do not alter in any way the terms or conditions of any other agreement you may have with RivePoint, or its subsidiaries or affiliates, for products, services or otherwise.
Pricing Information for Using RivePoint Service
Stop Requests & User Termination
RivePoint is compatible with handsets from AT&T, T-Mobile, Verizon Wireless, Sprint, etc.
Agreement & Acknowledgement
By downloading and using RivePoint ("RivePoint", "RivePoint Service", "we" or "us"), you accept and agree to be bound by these Terms of Service. RivePoint has the right at any time to change these Terms of Service. You can review the most current version of it by clicking on the "Terms of Service" link located at the bottom of the RivePoint website, . The latest version will replace all prior versions. By continuing to use the RivePoint Service after changes are made, you agree to be bound by any new changes. RivePoint limits the usage of the RivePoint Service to people who are 13 years of age or older. All users under the age of 13 need to be under the supervision of the child's parent or guardian.
RivePoint and other logos, icons, graphics, service names, and marks related to the RivePoint Service are registered and unregistered trademarks or trade dress of RivePoint. They may not be used without RivePoint's prior express written permission. All other trademarks not owned by RivePoint that appear in connection with the RivePoint Service are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by RivePoint. Any unauthorized use of the RivePoint Service will terminate the limited license granted by us. The RivePoint Service is protected by U.S. and international copyright and other intellectual property laws. It is for personal and non-commercial use only, and RivePoint grants you a limited license for that purpose. You may not modify, license, sell, reverse engineer, export, distribute, transmit, or copy the RivePoint Service without RivePoint's prior express written permission. RivePoint is the sole owner of the RivePoint Service, which includes but is not limited to any domains, content, software, etc. made available through it.
If you download and/or use the RivePoint Service, you consent to receiving electronic communications and notices from RivePoint. You agree that any disclosure, agreement, notice or other communications that we electronically send to you will satisfy any legal communication requirements, including that such communications be in writing.
RivePoint does not encourage, advocate or advise use of the RivePoint Service during certain activities, such as driving a motor vehicle, where there is a significant risk of accident. You agree not to use the RivePoint Service during such activities. You also agree not to interfere with the servers or networks connected to the RivePoint Service or to violate any of the regulations, procedures or policies of networks connected to the RivePoint Service, the terms of which are incorporated herein. You also agree not to: (a) resell or export the software associated with the RivePoint Service; (b) impersonate any other person while using the RivePoint Service; (c) use the RivePoint Service for any unlawful purpose; or (d) conduct yourself in a vulgar, offensive, harassing or objectionable manner while using the RivePoint Service. By downloading and using the RivePoint Service, you agree not to email, upload, post or otherwise transmit or send any material that contains programs, files, viruses or any other computer code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the RivePoint Service.
Third Party Offers
It is possible that the RivePoint Service may contain links to third party programs or websites that are not affiliated with or controlled by RivePoint. RivePoint is not responsible for the private policies, content, or offers of such programs and sites, including, without limitation, an advertiser's refusal to honor any offer or your redemption of such offers. Any dealings you have with a third party are solely between you and that third party.
Pricing Information for Using RivePoint Service
RivePoint provides the RivePoint Service to users free of charge. However, usage of the RivePoint Service may be subject to charges imposed by the user's wireless or other applicable carrier. Payment of such charges is solely the user's responsibility. Standard and/or other wireless charges may apply. RivePoint will not be held liable for any charges that users incur as a result of using the RivePoint service including but not limited to SMS, MMS, or data charges.
You agree that RivePoint is free to use any communication you may send to RivePoint including information, ideas, or comments contained in any communication you send without acknowledgement, payment or compensation to you for any purpose whatsoever, including, but not limited to, marketing, developing, and manufacturing products and services and modifying, improving, or creating the RivePoint Service or other products or services.
RivePoint users can receive help by emailing questions to email@example.com. If a RivePoint user sends an SMS text message with "HELP" in the body of the text message to short code 25352, the user will receive a message from RivePoint with the following text: "This msg is from RivePoint: For help, please email us at firstname.lastname@example.org. Text STOP to end RivePoint. (Message & Data Rates May Apply)
Stop Requests & User Termination
If a RivePoint user sends an SMS text message with "STOP" in the body of the text message to short code 25352, the user will receive a message from RivePoint with the following message: "This message confirms that you have discontinued RivePoint. For questions please contact email@example.com." The user will then no longer receive text messages from RivePoint unless the user opts-in again in the future.
Limitation of Liability
RivePoint assumes no responsibility or liability for any omissions or errors in the RivePoint Service; any delays, interruptions or failures in the RivePoint Service; any damages or losses arising from the use or inability to use the RivePoint Service, including, but not limited to any behavior by users of the RivePoint Service; or any damage to your wireless device; or any inability to use the RivePoint Service including but not limited to the inability to redeem a coupon.
In no event shall RivePoint, its partners, affiliates, directors, shareholders, employees, agents or officers be liable (severally or jointly) to you for, but not limited to, the loss of use or any incidental, consequential, special, direct or indirect damages arising out of or in connection with the RivePoint Service or these Terms of Service, or any theory of liability, and whether or not advised of the possibility of damage. Some states do now allow the exclusion of certain damages, so the above may not apply to you; However, in the case where any portion of this section becomes unenforceable due to an applicable authority, then liability will be limited to the fullest possible extent permitted by applicable law.
We reserve the right to deliver the RivePoint Service in our sole and absolute discretion. RivePoint provides the RivePoint Service "as is" and without any condition or warranty, whether implied, statutory or express. RivePoint specifically disclaims any implied warranties of merchantability, title, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
RivePoint will not be held liable for any charges that users incur as a result of using the RivePoint service including but not limited to SMS, MMS, or data charges.
You agree to indemnify and hold RivePoint and its related companies, and each of their respective officers, agents, shareholders, advertising partners, advertisers, partners, employees and directors harmless from and against any third-party claim or cause of action, including but not limited to court costs and attorneys' fees arising, indirectly or directly, out of either, your violation of any law or the rights of any third party, or out of your use of the RivePoint Service.
Any claim or cause of action arising out of or related to your use of the RivePoint Service must be filed within one (1) year after such claim or cause of action arose, regardless of any statute or law to the contrary. In the event any such claim or cause of action is not filed within such one (1) year period, such claim or cause of action shall be forever barred. Unless expressly prohibited by local law, this Terms of Service is governed by the laws of the State of California, without regard to any conflict of law principles to the contrary.
Option to Terminate
RivePoint reserves the right in its sole discretion to terminate or restrict your use of the RivePoint Service, without notice, for any or no reason whatsoever.
If any provision of these Terms of Service is held to be unenforceable or invalid, such provision shall be struck, and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such section. Our failure to enforce any provision of these Terms of Service shall not constitute a waiver of that or any other provision. These Terms of Service set forth the entire understanding and agreement between you and RivePoint with respect to the subject matter hereof.
The Advertiser has the right to opt-out of the contract after the terms of the contract have expired. RivePoint has the right to opt-out of this agreement at any time. This agreement will be governed by, construed and enforced in accordance with the laws of the State of California, without regard to its conflict of law principles. Advertiser consents to the exclusive jurisdiction and venue of the courts of Contra Costa County, California.
The payments for the service should be received by the 10th of every month, all late payments will incur additional late payment fees.
The service will be automatically renewed at the end of the contract term unless a written termination notice is provided 10 business days in advance to the renewal date.
If you have any questions about these Terms of Service or the download and/or use of the RivePoint Service, please contact us at:
RivePoint 12657 Alcosta Blvd. Suite 410 San Ramon, CA 94583 USA