Rimark reserves the right to amend or modify this Agreement at any time, and such changes will be effective immediately upon posting on the Site. It is your responsibility to review this Agreement periodically to ensure that you are aware of any changes. Your continued use of the Site after such changes constitutes your acceptance of the modified Agreement. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services and close your account.
You acknowledge and agree that Rimark may change or discontinue, at its sole discretion, any part of the Rimark Site, products, or services at any time, with or without notice to you. If you have any questions about these Terms, please email us at firstname.lastname@example.org.
Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any transaction you make or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
Rimark is a digital finance company that operates a network of micro-economies powered by real-time payments. The Rimark App(s) allows users to load, manage, and spend funds, while Rimark's Business App(s) enables Rimark's BrandCash™ (the “Points”) partners to manage their funds and BrandCash™ points. BrandCash™ is a branded points system that helps businesses engage, reward, and build loyalty with customers. These points can be redeemed for products and services from Rimark's partners and clients within the Rimark App(s) or on integrated services. The Rimark App(s) also allows registered account holders ("Users") to earn, purchase, spend, and send BrandCash™ points created exclusively on Rimark by verified partners.
The Service, including its visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, templates, and all other elements of the Service (collectively, the "Materials"), is owned and operated by Rimark. The Materials provided by Rimark are protected by intellectual property and other laws. All Materials included in the Service are the property of Rimark or its third-party licensors. Unless expressly authorized by Rimark, you may not make use of the Materials. Rimark reserves all rights to the Materials not granted expressly in these Terms.
To use the Service, you must be at least 18 years old. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and use of the Service are in compliance with all applicable laws and regulations. If you are accepting these Terms on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that entity to these Terms and that references to "you" in these Terms will refer to that entity and any individuals using the Service on its behalf.
Registration. To access most features of the Service, you must register for an account. During registration, you will be required to provide certain personal information, including your name, address, telephone number, email address, date of birth, tax identification number, a government identification, articles of incorporation, and information regarding your bank account such as the name of the bank, account type, routing number, and account number.
Verification. You must complete certain verification procedures before using the Rimark Services. Your access to the Services and the applicable limits may be modified based on information collected about you on an ongoing basis. You agree to provide accurate information and keep it up-to-date at all times. You authorize Rimark to make inquiries, directly or through third parties, to verify your identity or protect against fraud or financial crime. Rimark may take appropriate action based on the results of such inquiries. You acknowledge that your personal information may be disclosed to credit reference, fraud prevention, or financial crime agencies, and that these agencies may respond to Rimark's inquiries.
Password. During registration, you will also be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and accept responsibility for all activities that occur under your account. Any transaction or activity that occurs through your account using your credentials is assumed to be authorized by you. If you become aware of any unauthorized access or transaction, notify Rimark immediately at email@example.com.
Liability. You may be held liable for losses incurred by Rimark or any other user of the Service due to someone else using your Rimark username, password, or account as a result of your failure to keep your account information secure and confidential. You may not use anyone else’s Rimark username, password or account without their express permission. You are responsible for checking your account regularly to ensure that all activity is authorized by you. Rimark is not liable for any damages or losses resulting from unauthorized access, unless you have notified Rimark immediately as indicated above. You may not sell or transfer your account or any portion thereof.
Rimark reserves the right to take disciplinary action against any user of the Service who violates these Terms, including but not limited to, terminating or suspending their account or access to the Service. We also reserve the right to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, sanctions programs, legal process or governmental request. We may refuse a new registration request or cancel an existing user account at our sole discretion. We will make reasonable efforts to provide notice to affected users, but we are not required to do so. We are not liable to any user or third party for any such actions taken by us.
You may purchase BrandCash™ through the Site and redeem Points to purchase products and services provided by one or more of Rimark’s partners. To complete a transaction, you may be required to provide personal information for identity verification and fraud prevention purposes. This information may include your legal name, date of birth, mailing address, and a government-issued identification (e.g., passport or driver’s license), as well as any other information deemed necessary or appropriate by our third-party payment processors, payment services providers, and compliance services providers. We reserve the right to cancel or reject any transaction that is incomplete or contains incorrect information, or that you fail to confirm within a reasonable time following the initiation of the transaction.
You may purchase Points using a debit or credit card or through direct deposit or wire transfer from a US bank account that matches the name on your account. To complete your transaction for BrandCash™ Points, you must provide the requested information and follow the instructions provided on the Site. After receiving and processing any required information, confirming your payment method, and completing the transaction, your purchased Points will typically be credited to your account and reflected in your portfolio balance within one hour.
Note: Rimark reserves the right to modify the accepted methods of payment at any time without prior notice.
If you earn, buy, or otherwise receive Points on the Site, these BrandCash™ are owned by you. Rimark will record your ownership of these Points in your account and on the Rimark Site for your benefit, and Rimark will not have any title or ownership rights over such Points. As the owner of the Points, you assume all risks associated with owning them.
Rimark Site Fees. To facilitate the trading of BrandCash™ on the Site, Rimark charges a 3% fee for buying or selling any quantity of BrandCash™.
Card Processing Fees and Limits. To purchases Points using a debit or credit card the followings fees will be added to your purchase:
Minimum Fee. There is a $5 minimum fee or 2.9% + $0.30, whichever is greater, in the USA and a $5 minimum fee or 3.9% + $0.30, whichever is greater, internationally.
Transaction Processing Limits.
The limits work on a rolling basis, so if you reach your weekly limit on a Friday, you’ll have to wait 7 days until the following Friday to make another purchase up to your weekly limit.
International Support is currently available in these countries:
Algeria (DZ), Argentina (AR), Australia (AU), Austria (AT), Belgium (BE), Bolivia (BO), Brazil (BR), Canada (CA), Chile (CL), Colombia (CO), Costa Rica (CR), Cyprus (CY), Czech Republic (CZ), Denmark (DK), Dominican Republic (DO), Estonia (EE), Finland (FI), France (FR), Germany (DE), Great Britain (GB), Greece (GR), Hong Kong (HK), Iceland (IS), India (IN), Indonesia (ID), Ireland (IE), Israel (IL), Italy (IT), Japan (JP), Laos (LA), Latvia (LV), Lithuania (LT), Luxembourg (LU), Malaysia (MY), Mexico (MX), Nepal (NP), New Zealand (NZ), Norway (NO), Paraguay (PY), Peru (PE), Philippines (PH), Poland (PL), Portugal (PT), Singapore (SG), Slovakia (SK), Slovenia (SI), South Africa (ZA), South Korea (KR), Spain (ES), Sweden (SE), Switzerland (CH), Tanzania (TZ), Thailand (TH), The Netherlands (NL), Turkey (TR), Vietnam (VN).
Payment processors, Payment Service Providers and Compliance. third-party payment processors, payment service providers, and compliance service providers to manage transactions on the Site. Rimark does charge fees for your use of or participation on the Site, which in part encompass fees incurred by third-party service providers. During the transaction completion process, the amount of your transaction price that will be allocated towards fees will be automatically deducted from the total transaction price and identified, for example as “Fees” and “Rimark Fees,” prior to the completion of your transaction. As a result, the amount of BrandCash™ that you are transacting will be equal to the amount of the total transaction price after deduction of such fees.
You agree that you will provide us with all the information that we reasonably request, and that if you register with a third-party service provider designated by us, you will provide all information required by such third-party service provider to process payments. It is your responsibility to ensure that all information provided to us and to any third-party service provider is accurate, true, and complete. In addition, you agree that your account with any third-party service provider is subject to all terms, conditions, and privacy policies of such provider. You agree that you are solely responsible for payment of the fees, costs, and expenses of a third-party service provider in connection with any transaction that may be incurred by you and, in some cases, deducted from your payments. We are not responsible for any delay, failure, damage, or liability caused by a third-party service provider, any other third party, a force majeure, or your failure to timely or properly provide us with requested information, or, with respect to the third-party service provider, your failure to timely or properly set up an account with the payment service provider or otherwise provide requested information for the completion of a transaction.
To ensure compliance with financial regulations and protect users, all withdrawals from Rimark are subject to withdrawal limits. Once you have completed the identity check, you can choose to withdraw funds from your Rimark Account using the following methods:
Over time, Rimark's withdrawal limits and methods may change based on user activity. Initially, withdrawal limits are set at a lower amount, but they may incrementally increase based on good financial behavior, similar to a credit card limit increase.
We strive to provide transparent and secure financial services to our community, and our withdrawal limits are designed to protect our users' funds while ensuring that our platform remains compliant with applicable laws and regulations.
In the event that there are outstanding amounts owed to us, including in your Rimark Account, Rimark reserves the right to debit your Rimark Account accordingly and/or to withhold amounts from funds you may transfer from your Rimark Account off the Rimark App(s).
The tax treatment of certain Asset transactions is uncertain, and it is your responsibility to determine what taxes, if any, arise from transactions and investments made through the Rimark App(s). Users are solely responsible for reporting and paying any applicable taxes arising from investments made through the Rimark App(s), and acknowledge that Rimark does not provide investment, legal, or tax advice to you in connection with such investments. You should conduct your own due diligence and consult your advisors before making any investment decision. Further, it is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions you make on Rimark, and to withhold, collect, report, and remit the correct amounts of taxes to the appropriate tax authorities. Your transaction history is available through your Rimark Account. Please note that tax laws and regulations may change over time and vary by jurisdiction, and it is your responsibility to stay informed of any such changes that may impact your tax obligations.
You may not use your Rimark Account or other services to engage in the following categories of activity ("Prohibited Uses"). The specific types of use listed below are representative but not exhaustive. If you are uncertain about whether your use of Rimark Services involves a Prohibited Use, or if you have questions about how these requirements apply to you, please contact us at firstname.lastname@example.org. By opening a Rimark Account, you confirm that you will not use your Account to engage in any of the following:
In addition to the Prohibited Uses described above, the following categories of businesses, business practices, and sale items are prohibited from Rimark Services ("Prohibited Businesses"). The specific types of use listed below are representative but not exhaustive. If you are uncertain whether your use of Rimark Services involves a Prohibited Business, or have questions about how these requirements apply to you, please contact us at email@example.com.
By opening a Rimark Account and using Rimark, you confirm that you will not use Rimark Services in connection with any of the following businesses, activities, practices, or items:
Express written consent and approval from Rimark must be obtained prior to using Rimark Services for the following categories of business and/or use ("Conditional Uses"). Consent may be requested by contacting us at firstname.lastname@example.org. Rimark may also require you to agree to additional conditions, make supplemental representations and warranties, complete enhanced onboarding procedures, and operate subject to restrictions if you use Rimark Services in connection with any of the following businesses, activities, or practices:
If you are found at any point to be affiliated or become affiliated with any Prohibited Business, Rimark will take action stipulated in the General Terms Section under 1.5 Disciplinary Action.
In addition to the terms outlined in the General Terms Section under 1.5 Disciplinary Action, Rimark may: (a) suspend, restrict, or terminate your access to any or all of the Rimark Services, and/or (b) deactivate or cancel your Rimark Account(s) if: (i) we are so required by a facially valid subpoena, court order, or binding order of a government authority; (ii) we reasonably suspect you of using your Rimark Account(s) in connection with a Prohibited Use; (iii) use of your Rimark Account(s) is subject to any pending litigation, investigation, or government proceeding and/or we perceive a heightened risk of legal or regulatory non-compliance associated with your Account activity; (iv) our service partners are unable to support your use.
If Rimark suspends or closes your account, or terminates your use of Rimark Services for any reason, we will provide you with notice of our actions unless a court order or other legal process prohibits Rimark from providing you with such notice. You acknowledge that Rimark's decision to take certain actions, including limiting access to, suspending, or closing your account, may be based on confidential criteria that are essential to Rimark's risk management and security protocols. You agree that Rimark is under no obligation to disclose the details of its risk management and security procedures to you.
You may be permitted to transfer or cash-out your Assets or funds associated with your Account for ninety (90) days after Account deactivation or cancellation unless such transfer is otherwise prohibited (i) under the law, including but not limited to applicable sanctions programs, or (ii) by a facially valid subpoena or court order. As an Account Holder, you may cancel your Rimark Account with thirty (30) days written notice to Rimark. You will not be charged for canceling your Rimark Account, although you will be required to pay any outstanding amounts owed to Rimark. You authorize us to cancel or suspend any pending transactions at the time of cancellation.
In the unfortunate event of the Account Holder's passing, for security reasons, we will freeze the Rimark Account upon receiving legal documentation confirming the death of the Account Holder or other information that leads us to believe that the Account Holder has passed away. During this time, no transactions may be completed until either of the following occurs:
(i) The designated fiduciary has been appointed through written notice to Rimark, and we have received proof, in a form satisfactory to us, that the Account Holder has not died.
(ii) We have received proof, in a form satisfactory to us, that the Account Holder has passed away.
If we suspect that the Account Holder may have passed away but do not have satisfactory proof, we may make inquiries, directly or through third parties, to confirm their status.
Once we receive satisfactory proof of the Account Holder's passing, the fiduciary designated in a valid testamentary document will be required to meet the identification requirements set forth in this agreement. If the Account Holder has not designated a fiduciary, we reserve the right to require an order designating a fiduciary from a court having competent jurisdiction over their estate.
In case we determine that there is uncertainty regarding the validity of the fiduciary designation, we reserve the right to require an order resolving such an issue from a court of competent jurisdiction before taking any action relating to the Rimark Account.
For the avoidance of doubt, Rimark does not provide investment, tax, or legal advice, nor does Rimark purchase assets on your behalf. All Rimark purchases are executed automatically, based on the parameters of your order instructions and in accordance with posted purchase execution procedures, and you are solely responsible for determining whether any investment, investment strategy, or related transaction is appropriate for you based on your investment objectives, financial circumstances, and risk tolerance. You should consult your legal or tax professional regarding your specific situation.
Rimark may provide educational information about financial literacy and technology-related topics. Information may include, but is not limited to, blog posts, articles, links to third-party content, news feeds, tutorials, quizzes, and videos. The information provided on this website or any third-party sites does not constitute investment advice, financial advice, trading advice, or any other sort of advice, and you should not treat any of the website's content as such. Rimark does not recommend that any asset should be purchased, earned, sold, or held by you. Before making the decision to purchase, sell, or hold any asset, you should conduct your own due diligence and consult your financial advisors before making any investment decision.
For the purposes of this agreement, purchases refer to the purchase of BrandCash™ Points. Rimark will not be held responsible for the decisions you make to purchase, sell, or hold BrandCash™ Points based on the information provided by Rimark.
If you receive information or data concerning another user through the Rimark Services, you must keep the information confidential and only use it in connection with the Rimark Services. You may not disclose or distribute a user's information to a third party or use the information except as reasonably necessary to effectuate a transaction and other functions reasonably incidental thereto such as support, reconciliation and accounting, which may include, but are not limited to, verifying the user's identity, processing the transaction, addressing customer service inquiries, and keeping accurate records. You must obtain the user's express consent before disclosing or distributing their information to any third party or using it for any other purpose.
You may not send unsolicited email to a user through the Rimark Services, including any marketing communications, promotions, or other forms of advertising, without the user's express consent.
If you use Rimark as part of any type of promotion, contest, or sweepstakes (all referred to here as a “Promotion”), you are responsible for ensuring that your Promotion complies with all legal requirements that can vary from place to place. This includes writing the official rules, terms, and eligibility requirements, and complying with marketing regulations. Your Promotion’s official rules should state that each entrant or participant completely releases us from all claims based on, related to, or arising from the Promotion. You must clearly indicate that your Promotion is not sponsored, endorsed, administered by, or associated with Rimark, unless it is an agreed upon joint campaign.
If you have a dispute with Rimark (a “Complaint”), you agree to contact Rimark through the contact listed on the Rimark App(s) to attempt to resolve any such dispute amicably. If we cannot resolve the dispute through that channel, you and we agree to use the Formal Complaint Process set forth below. You agree to use this process before filing any arbitration claim or small claims action. If you do not follow the procedures set out in this Section before filing an arbitration claim or suit in small claims court, we shall have the right to ask the arbitrator or small claims court to dismiss your filing unless and until you complete the following steps.
In the event that your dispute with Rimark is not resolved through your contact with Rimark Support, you can send a written complaint in letter form, please include as much information as possible, with any other information related to your dispute that you believe to be relevant, and post to Rimark Technology Inc., 200 South Main Street, Sebastopol, CA, 95472.
Rimark will acknowledge receipt of your Complaint letter after you submit it. A Rimark agent ("Agent") will review your Complaint. The Agent will evaluate your Complaint based on the information you have provided and information in the possession of Rimark. Within 15 business days of our receipt of your Complaint form, the Agent will address the issues raised in your Complaint form by sending you an e-mail ("Resolution Notice") in which the Agent will: (i) offer to resolve your complaint in the way you requested; (ii) make a determination rejecting your Complaint and set out the reasons for the rejection; or (iii) offer to resolve your Complaint with an alternative solution. In exceptional circumstances, if the Agent is unable to respond to your Complaint within 15 business days for reasons beyond Rimark's control, the Agent will send you a communication indicating the reasons for any delay in answering your Complaint, and specifying the deadline by which the Agent will respond to your Complaint, which will be no later than 35 business days from our receipt of your Complaint letter.
If we cannot resolve the dispute through the Formal Complaint Process, you and we agree that any dispute arising out of or relating to this Agreement or the Rimark Services, including, without limitation, federal and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation, or any other legal theory, shall be resolved through binding arbitration, on an individual basis (the “Arbitration Agreement”). Subject to applicable jurisdictional requirements, you may elect to pursue your claim in your local small claims court rather than through arbitration so long as your matter remains in small claims court and proceeds only on an individual (non-class and non-representative) basis. Arbitration shall be conducted in accordance with the American Arbitration Association's rules for arbitration of consumer-related disputes (accessible at Consumer Arbitration Rules).
This Arbitration Agreement includes, without limitation, disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement. All such matters shall be decided by an arbitrator and not by a court or judge.
To the extent permissible by law, all claims must be brought in a party’s individual capacity, and not as a plaintiff or class member in any purported class, collective action, or representative proceeding (collectively “Class Action Waiver”). The arbitrator may not consolidate more than one person’s claims or engage in any class arbitration. You acknowledge that, by agreeing to these terms, you and Rimark are each waiving the right to a trial by jury and the right to participate in a class action.
The arbitration will be conducted by a single, neutral arbitrator and shall take place in the county or parish in which you reside, or another mutually agreeable location, in the English language. The arbitrator may award any relief that a court of competent jurisdiction could award and the arbitral decision may be enforced in any court. An arbitrator’s decision and judgment thereon will not have a precedential or collateral estoppel effect. At your request, hearings may be conducted in person or by telephone and the arbitrator may provide for submitting and determining motions on briefs, without oral hearings. To the extent permitted by law, the prevailing party in any action or proceeding to enforce this Agreement, any arbitration pursuant to this Agreement, or any small claims action shall be entitled to costs and attorneys' fees. If the arbitrator or arbitration administrator would impose filing fees or other administrative costs on you, we will reimburse you, upon request, to the extent such fees or costs would exceed those that you would otherwise have to pay if you were proceeding instead in a court. We will also pay additional fees or costs if required to do so by the arbitration administrator's rules or applicable law.
If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
These Terms are governed by the laws of the State of California without regard to conflict of law principles. You and Rimark submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Sonoma County, California for resolution of any lawsuit or court proceeding permitted under these Terms.
Rimark shall not be liable for any damage or interruptions caused by computer viruses or other malicious code that may affect your computer or other equipment, or any phishing, spoofing, or other attack. We advise using reputable virus screening and prevention software regularly. Please note that SMS and email services are vulnerable to spoofing and phishing attacks, and you should be cautious when reviewing messages that appear to originate from Rimark. If you are uncertain about the authenticity of any communication or notice, always log into your Rimark account(s) through the Rimark site to review any transactions or required actions.
If you have a dispute with one or more users of the Rimark Services, you agree to release Rimark, its affiliates, and service providers, as well as their respective officers, directors, agents, joint venturers, employees, and representatives from any and all claims, demands, and damages (including actual and consequential damages) of every kind and nature, arising out of or in any way connected with such disputes.
Furthermore, you agree to indemnify and hold Rimark, its affiliates, and service providers, as well as their respective officers, directors, agents, joint venturers, employees, and representatives, harmless from any claim or demand (including attorneys' fees, fines, fees or penalties imposed by any regulatory authority) arising out of or related to your breach of this Agreement, violation of any law, rule or regulation, or infringement of the rights of any third party.
Rimark, its affiliates, and service providers, as well as their respective officers, directors, agents, joint ventures, employees, or representatives, shall not be liable for any damages, whether direct or indirect, incidental, special, consequential, or punitive, arising out of or in connection with the authorized or unauthorized use of the Rimark App(s) or the Rimark Services, or this agreement, regardless of whether the claim is based on contract, tort, negligence, strict liability, or any other legal theory. This limitation of liability includes, but is not limited to, any lost profits, diminution in value or business opportunity, loss, damage, corruption, or breach of data or any other intangible property.
In no event shall Rimark, its affiliates, or service providers be liable for any amount greater than the value of the supported assets on deposit in your Rimark account(s), except to the extent of a final judicial determination that such damages were a result of Rimark's gross negligence, fraud, willful misconduct, or intentional violation of the law.
This means, for example, that if you claim Rimark failed to process a buy or sell transaction properly, your damages are limited to no more than the value of the supported digital currency at issue in the transaction. You may not recover for lost profits, lost business opportunities, diminution in value, or other types of special, incidental, indirect, intangible, exemplary, punitive or consequential damages in excess of the value of the supported asset at issue in the transaction.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.
The Rimark Services are provided on an "as is" and "as available" basis without any representation or warranty, whether express, implied, or statutory. To the maximum extent permitted by applicable law, Rimark specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. Rimark does not make any representations or warranties that access to the Site, any part of the Rimark Services, or any of the materials contained therein, will be continuous, uninterrupted, timely, or error-free. Rimark does not guarantee that any order will be executed, accepted, recorded, or remain open.
Except for the express statements set forth in this agreement, you acknowledge and agree that you have not relied upon any other statement or understanding, whether written or oral, with respect to your use and access of the Rimark Services and Rimark App(s). Without limiting the foregoing, you understand and agree that Rimark will not be liable for any losses or damages arising out of or relating to:
Rimark makes no representations about the accuracy, order, timeliness, or completeness of historical asset price data available on the Rimark App(s). Rimark will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and check issuances are processed in a timely manner, but Rimark makes no representations or warranties regarding the amount of time needed to complete processing, which is dependent upon many factors outside of our control.
This Agreement, incorporated by reference herein, comprises the entire understanding and agreement between you and Rimark regarding the subject matter discussed. It supersedes any and all prior discussions, agreements, and understandings of any kind, including any prior versions of this Agreement and Letters of Consent, between and among you and Rimark. The section headings in this Agreement are for convenience only and shall not govern the meaning or interpretation of any provision of this Agreement.
Rimark may amend or modify this Agreement by posting on the Rimark Site the revised Agreement, and the revised Agreement shall be effective at such time. If the User does not agree with any such modification, their sole and exclusive remedy is to terminate their use of the Services and close their account. The User agrees that Rimark shall not be liable to them or any third party for any modification or termination of the Rimark Services, or suspension or termination of their access to the Rimark Services, except to the extent otherwise expressly set forth herein. If the revised Agreement includes a material change, Rimark will endeavor to provide advanced notice via the website before the material change becomes effective.
You may not assign any rights and/or licenses granted under this Agreement. We reserve the right to assign our rights without restriction, including without limitation to any Rimark affiliates or subsidiaries, or to any successor in interest of any business associated with the Rimark Services. Any attempted transfer or assignment in violation hereof shall be null and void. Subject to the foregoing, this Agreement will bind and bring into effect the benefit of the parties, their successors and permitted assigns.
If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any local, state, or federal government agency, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this Agreement shall not be affected.
In the event that Rimark is acquired by or merged with a third-party entity, Rimark reserves the right, in any of these circumstances, to transfer or assign the information collected from you as part of such merger, acquisition, sale, or other change of control.
All provisions of this Agreement, which by their nature extend beyond the expiration or termination of this Agreement, including, without limitation, sections pertaining to suspension or termination, Rimark Account cancellation, debts owed to Rimark, general use of the Rimark Site, disputes with Rimark, and general provisions, shall survive the termination or expiration of this Agreement.
Rimark shall not be liable for delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond Rimark's reasonable control, including but not limited to significant market volatility, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond Rimark's reasonable control and shall not affect the validity and enforceability of any remaining provisions.
This agreement shall not be construed to waive rights that cannot be waived under applicable state money transmission laws in the state where you are located.
Access to the Service from countries or territories where such access is illegal is prohibited.
Any feedback or information you provide to Rimark is deemed to be non-confidential and non-proprietary. Rimark shall be free to use such information on an unrestricted basis without any compensation to you or any other person or party.
Last Updated: March 26, 2023
Sources of information may include (i) any information you provide through your user Account when you register for our Services; (ii) when you actively use our Services; and (iii) third-party websites and our partners.
Account Registration. When you create an account on our platform, we'll ask for your contact information, including your name, company name (if applicable), address, email address, and telephone number. If you refer other potential users to our Services, we may also collect their email addresses so we can send them a referral or promotional code to sign up.
Payment Information. When you add your financial account information to your Account, it goes directly to our third-party payment processor. We don't store your financial information ourselves, but we do have access to subscriber information through our payment processor.
Communications. If you contact us directly, we may receive additional information about you, such as your name, email address, phone number, the contents of your message and attachments, and any other information you choose to provide. Additionally, we may receive a confirmation when you open an email from us.
At any time when we ask for personal information, we'll clarify why we need it. For example, we might ask for your mailing address so we can send you product samples or your phone number so we can contact you about your order.
Cookies and Other Tracking Technologies. When you use www.rimark.io, we automatically gather and store certain information in log files. In addition, we may also collect certain information automatically from your device, which includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, clickstream data, landing page, and referring URL. Cookies, which are small data files that enable our web servers to recognize you, may be set on your computer or device when you visit our Services to collect information. The information that we collect through cookies, log files, and/or clear gifs is stored by us to record your preferences. We may also automatically collect information about your use of features of our Services, the functionality of our Services, frequency of visits, and other information related to your interactions with the Services. We may track your use across different websites and services. In some countries, including countries in the European Economic Area ("EEA"), the information referenced above in this paragraph may be considered personal information under applicable data protection laws.
Usage of our Services. When you use our Services, we may collect information about your engagement with and utilization of our Services, such as processor and memory usage, storage capacity, navigation of our Services, and system-level metrics. We use this data to operate the Services, maintain and improve the performance and utilization of the Services, develop new features, protect the security and safety of our Services and our customers, and provide customer support. We also use this data to develop aggregate analysis and business intelligence that enable us to operate, protect, make informed decisions, and report on the performance of our business.
Third-Party Accounts. If you choose to link our Services to a third-party account, we will receive information about that account, such as your authentication token from the third-party account, to authorize linking. If you wish to limit the information available to us, you should visit the privacy settings of your third-party accounts to learn about your options. Third-Party Partners. We may also receive publicly available information about you from our third-party partners and combine it with data that we have about you.
We use the information we collect in various ways, including to
We may share the information we collect in various ways, including the following:
The legal basis for collecting and using the personal information described above will depend on the personal information concerned and the specific context in which Rimark collects it. However, Rimark will normally collect personal information from individuals only: (i) where Rimark needs the personal information to perform a contract with the individual; (ii) where the processing is in Rimark's legitimate interests and not overridden by the individual's rights; or (iii) where Rimark has the individual's consent to do so. Rimark has a legitimate interest in operating its Services and communicating with individuals as necessary to provide these Services, for example when responding to queries, improving the platform, undertaking marketing, or for the purposes of detecting or preventing illegal activities.
In some cases, Rimark may also have a legal obligation to collect personal information from individuals or may otherwise need the personal information to protect the vital interests of the individual or another person. If Rimark asks individuals to provide personal information to comply with a legal requirement or to perform a contract, Rimark will make this clear at the relevant time and advise individuals whether the provision of personal information is mandatory or not (as well as of the possible consequences if they do not provide their personal information).
The Services may include links to other third-party services, and you may access these services through the links provided. We would like to remind you that we are not responsible for the privacy policies and practices of these third-party services. It is recommended that you carefully review their privacy policies before accessing or using these services.
Rimark is committed to protecting information. To do so, Rimark employs a variety of security technologies and measures designed to protect information from unauthorized access, use, or disclosure. The measures Rimark uses are designed to provide a level of security appropriate to the risk of processing personal information. However, please bear in mind that the Internet cannot be guaranteed to be 100% secure.
Rimark retains the personal information collected from you only when there is an ongoing legitimate business need to do so, such as to provide you with a requested service or to comply with applicable legal, tax, or accounting requirements. When there is no ongoing legitimate business need to process your personal information, Rimark will either delete or anonymize it. If deletion or anonymization is not possible, Rimark will securely store your personal information and isolate it from any further processing until deletion is possible.
If a user is registered, certain information associated with their account can be accessed by logging into Rimark's Services or by emailing email@example.com. If a user terminates their account, any public activity on their account prior to deletion may remain stored on Rimark's servers and accessible to the public.
Rimark takes reasonable steps to verify a user's identity before updating or removing their information to protect their privacy and security. The information provided to Rimark may be archived or stored periodically for disaster recovery purposes.
In some cases, a user's ability to access and correct their information may be temporarily limited, for example, where such access and correction could inhibit Rimark's ability to comply with a legal obligation, to investigate or defend legal claims, to protect a third party's personal information, or to prevent the disclosure of Rimark's trade secrets or other proprietary business information.
If you are a resident of the European Economic Area (EEA), you have certain data protection rights. Rimark is committed to respecting and upholding these rights. If you would like to exercise any of your data protection rights, please email us at firstname.lastname@example.org.
You have the right to:
You also have the right to file a complaint with a data protection authority about our collection and use of your personal information. For more information on how to contact your local data protection authority, please visit the European Commission's website.
We will respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws. Please note that we may require you to provide us with additional information in order to verify your identity before we can process your request.
Limiting Information Collected. You can use some of the features of the Services without registering, which limits the type of information we collect.
Unsubscribe. If you wish to stop receiving certain promotional emails from us, you may unsubscribe by following the instructions found at the end of the email. Even if you unsubscribe, we may still contact you for informational, transactional, account-related, or other similar purposes.
Rimark does not knowingly collect information from individuals under the age of 13, and our Services are not intended for use by children under 13. If you become aware that a child under the age of 13 has provided personal information to us without parental or guardian consent, please contact us at email@example.com so that we can take appropriate action to remove the information.
Rimark Technology Inc.
200 South Main Street
Sebastopol, CA, 95472
Please include your contact information and a detailed description of your request or privacy concern.
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