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Acceptance of Terms

Welcome to the Ruffalo Noel Levitz website. These Terms of Use govern your use of our websites (the “Websites”), as well as our mobile features, applications and any other interactive features, products or services (collectively, the “Services”). Ruffalo Noel Levitz (“Ruffalo Noel Levitz,” “we,” and “us,”) maintains this Website to provide information about Ruffalo Noel Levitz resources, products, and services; to execute online transactions; and to support delivery of contracted services. Our Websites are made available subject to these Terms of Use (“Agreement”). We may change the terms of this Agreement at any time by notifying you of the change in writing or electronically (including without limitation, by email or by posting a notice on the Websites or Services that the terms have been “updated” or similar words). Your use of or access to the Websites or Services following changes to this Agreement will constitute your acceptance of such changes.

BY ACCESSING OR USING THE WEBSITES OR SERVICES, YOU AGREE THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND THAT YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to modify or discontinue the Websites or Services, with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Websites or of any Service, in whole or in part. Your continued access to or use of the Websites or Services after such changes will indicate your acceptance of such changes.

User Information and Registration

You may need to register to use all or part of the Websites or Services. You represent and warrant that all information submitted to Ruffalo Noel Levitz in connection with such registration is complete and accurate. We may reject, or require that you change, for any reason, any user name, password or other information that you provide to us in registering. Your user name and password are for your personal use only and should be kept confidential; you (and not Ruffalo Noel Levitz) are responsible for any use or misuse of your user name or password, and you must promptly notify us of any confidentiality breach or unauthorized use of your user name or password, or your account. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.

Ruffalo Noel Levitz may use the information it obtains relating to you, including your IP address, name, mailing address, email address, and use of the Website, for its internal business and marketing purposes and for other purposes in accordance with our Privacy Policy.

If you wish to register for or purchase any product or service made available by us through the Websites or Services or through other sales channels, you may be asked to supply certain information relevant to your transaction, including without limitation your name, phone number, credit card number, the expiration date of your credit card, your billing address and email address, and your shipping information. By submitting such information, you grant Ruffalo Noel Levitz the right to provide such information to third-party suppliers and service providers for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction.

Use of Content

You agree that you will not use our Websites or Services, or their components, for any purpose that is unlawful or prohibited by these Terms of Use. You may view or download a single copy of the material on our Websites solely for your own personal, noncommercial use. You shall keep intact any proprietary notices, including copyright notices and citations, contained on any downloaded materials. You may not copy, modify, distribute, republish, resell, or use to create a derivative work of any of the content, images, data, technology, or materials on our Websites or Services (the “Content”) without the written permission of Ruffalo Noel Levitz. You agree not to display, post, frame, or scrape the Content for use on another website, app, blog, product, or service without the written permission of Ruffalo Noel Levitz except as otherwise expressly permitted by this Agreement. The framing or scraping of or in-line linking to the Websites or Services or any Content contained thereon and/or the use of webcrawler, spidering, or other automated means to access, copy, index, process, and/or store any Content made available on or through the Websites or Services other than as expressly authorized by us is prohibited.

We reserve the right to terminate or restrict your access to the Websites or Services for any conduct that we consider to be inappropriate, or for your breach of this Agreement or if your use may violate any laws, regulations or rulings, infringe upon another person’s rights or violate the terms of this Agreement.

Proprietary Rights

The Content displayed on the Websites or Services, including text, graphics, images, artwork, notices, reports, papers, articles, software, metadata and other data, design, organization, look and feel, advertising, and other material, is the property of Ruffalo Noel Levitz or of others as indicated. Unless otherwise noted, everything you see or read on the Websites or Services is our intellectual property and may not be used except as provided in these Terms of Use. The use of the Content by you, or anyone authorized by you, is prohibited except as specifically permitted by these Terms of Use or as specifically provided in prior written permission. Any unauthorized use of this Content may violate United States copyright laws, trademark laws, laws of privacy and publicity, regulations and statutes or laws of foreign jurisdictions. The trademarks, logos, and service marks (collectively, the ‘Trademarks”) displayed on this site are registered and unregistered Trademarks of Ruffalo Noel Levitz and others.

User Content

If you create, upload, post, or submit any information or content (“User Content”) on our Websites or Services, you represent to us that you have all the necessary legal rights to upload, post, or submit such User Content and it will not violate any law or the rights of any person. You agree that upon creating, uploading, posting, or submitting User Content on the Websites or Services, you grant Ruffalo Noel Levitz and our respective affiliates and successors a non-exclusive, transferable, worldwide, fully paid-up, royalty-free, perpetual, irrevocable, sub-licensable right and license to use, distribute, publicly perform, display, translate, adapt reproduce, and create derivative works from your User Content in any and all media or technology, now known or later developed, in any manner, in whole or part, with or without attribution, without any duty to compensate you. You waive all moral rights you may have in any User Content. You agree that we may modify or alter your User Content without seeking further permission from you. You agree that you are financially responsible for any claim against us arising from any User Content you create, upload, post, or submit.

We may also remove any User Content for any reason and without notice to you. This includes all materials related to your use of the Websites or Services or membership, including email accounts, postings, profiles, or other personalized information you have created while on the Websites or Services.

Third-Party Web Sites and Services

On our Websites you will find links which will transfer you to the site of an organization that can provide you with value-added information and/or functionality. By linking to these sites, Ruffalo Noel Levitz does not represent or imply that there is any business relationship between the two entities. Ruffalo Noel Levitz is not responsible for the content or performance of these sites or for your transactions with them. Furthermore, Ruffalo Noel Levitz strives to keep these links as current and accurate as possible, but we cannot guarantee and we expressly do not warrant that they point to the intended third party site. Links to and from this site do not constitute a Ruffalo Noel Levitz endorsement. Accordingly, we encourage you to be aware when you leave the Websites and Services and to read the terms and conditions and privacy policy of each third party service you use.

From time to time, we may use a third party not affiliated with us to process payments for a Service (a Third Party Processor). You agree that this Third Party Processor is solely responsible for controlling, handling, processing, or fulfilling purchases processed through its systems. When using such Third Party Processor you may be subject to additional terms of use/service and privacy policy(ies) of the Third Party Processor.

Contests and Promotions

From time to time, we, our advertisers, vendors or other parties may conduct promotions and other activities on, through or in connection with one or more of the Websites or Services, including, without limitation, contests and sweepstakes. In some case, you may be able to win a prize. Each promotion may have additional terms and/or rules or eligibility requirements which shall be posted or otherwise made available to you in connection therewith in accordance with applicable law.

No Warranty

Although it strives for timeliness and accuracy in all of its materials, Ruffalo Noel Levitz makes no representations, warranties, or assurances as to the availability, accuracy, currency, or completeness of the Websites or Services or their contents. THE WEBSITES, SERVICES, AND ANY GOODS MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE WEBSITES OR SERVICES ARE PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE WEBSITES OR SERVICES, INCLUDING WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY MATERIALS AVAILABLE THROUGH THE SITE OR SERVICES. WE SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Reliance upon or use of the Websites and Services is solely at your own risk. Calculators and tools on the Websites and Services provide you with estimates that may be different than actual amounts.

For those using this site for delivery of Ruffalo Noel Levitz products and services, the terms of the completed order form or executed agreement shall apply (specifically, the sections on Disclaimer of Warranty and Limitation of Liability).

On the Websites and Services, you will find content, functions, information, and tools, including that provided by third parties that are not the property of Ruffalo Noel Levitz. While we strive to keep both Ruffalo Noel Levitz and the third-party-provided information current and accurate, we cannot guarantee and expressly do not warrant that the content, functions, information, and tools are error-free or that your access will be uninterrupted or that material accessible from the Websites or Services is free of viruses. Ruffalo Noel Levitz reserves the right to modify or discontinue the Websites and Services for any reason.

Limitation of Liability

While Ruffalo Noel Levitz takes reasonable steps to ensure that information provided to us by users via the Websites and Services is maintained securely, and in accordance with our Privacy Policy, we accept no responsibility for breaches of security or unauthorized access that arise as a result of disclosure by users of their login details, username, or password. You are responsible for maintaining the confidentiality of your login name and password and for any and all activities that occur under your password or account. You agree to immediately notify Ruffalo Noel Levitz of any unauthorized use of your account or any other breach of security known to you.

IN NO EVENT SHALL RUFFALO NOEL LEVITZ AND/OR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, CONTENT PROVIDERS, AND SUPPLIERS BE LIABLE (EITHER JOINTLY OR SEVERALLY) TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR OTHER DAMAGES, LOSS, OR INJURY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, LIABILITY ASSOCIATED WITH ANY VIRUSES WHICH MAY INFECT YOUR COMPUTER EQUIPMENT, DAMAGES FOR LOSS OF USE, DATA OR PROFITS OR OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED TO US, ARISING OUT OF OR IN ANY WAY RELATED, IN WHOLE OR IN PART, TO THE USE OR PERFORMANCE OF THIS SITE OR ANY LINKED SITE FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON THE CONTENT, WHETHER BASED ON TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF RUFFALO NOEL LEVITZ OR ANY OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THIS SITE. OUR AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, LIABILITY OF RUFFALO NOEL AND THE OTHER ASSOCIATED PARTIES IDENTIFIED ABOVE WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.

Indemnity

You agree to indemnify and hold harmless Ruffalo Noel Levitz and its affiliates (directors, officers, employees, and agents) from losses, expenses, and damages, including reasonable attorneys’ fees, made by you or any third party due to or arising out of your use of this site or any of the Content contained in this site.

Governing Law

This Agreement shall be governed in all respects by the substantive laws of Iowa, without regard to its provisions relating to conflict of laws. The failure of Ruffalo Noel Levitz to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.

ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND RUFALO NOEL LEVITZ, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, SHALL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND, BY YOUR ACCESS TO OR USE OF THE WEBSITES OR SERVICES, YOU AGREE THAT YOU AND RUFFALO NOEL LEVITZ ARE EACH WAIVING OUR RIGHT TO TRIAL BY A JURY. BY YOUR ACCESS TO OR USE OF THE WEBSITES OR SERVICES, YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND, BY YOUR ACCESS TO OR USE OF THE SITE OR SERVICES, YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules, as amended by this Agreement. Any in-person hearings or appearances shall be held in Cedar Rapids, State of Iowa, U.S.A. Arbitration proceedings shall be conducted in a manner that preserves confidentiality. The arbitrator’s decision shall follow this Agreement and shall be final and binding. The arbitrator shall have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.

Miscellaneous

You agree that you will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Websites or Services or any transaction being conducted on our Websites or Services. You agree not to impersonate any person or entity or falsely state or otherwise misrepresent your identity or affiliation with a person or entity.

Contact Us

If you have any questions about the Terms of Use, Privacy Policy or practices of the Websites or Services or experience problems or detect an inaccuracy in the content, please inform Ruffalo Noel Levitz by calling 319-626-8380 or send us a message.

Notice for California Residents

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Websites or Services, please contact us by writing to Ruffalo Noel Levitz, Attn: Chief Marketing Officer 1025 Kirkwood Parkway SW, Cedar Rapids, IA 52406-3018 or by calling us at 319-626-8380 or send us a message.