Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE OR ANY ASSOCIATED SERVICES. BY USING, VISITING OR BROWSING THE SITE OR ANY ASSOCIATED SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF USE. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF USE, YOU DO NOT HAVE ANY RIGHT TO USE THE SITE OR ANY ASSOCIATED SERVICES.

 

Last Updated: December 9, 2016

 

Road to Status, Inc. (“Road to Status” or “we”) provides immigration software, applications and other related immigration tools and services. These offerings are provided by Road to Status through an application you download to your mobile device (the “Application”) and at the Internet site Road to Status (the “Site” and, together with any related software, tools and services provided in connection with the Application or Site, the “Road to Status Service”). Please read carefully the following terms and conditions (“Terms of Service”) and our Privacy Policy, which may be found on our website here and which is incorporated herein by reference into these Terms of Service. These Terms of Service govern your access to and use of the Road to Status Service and all Site Content and constitute a binding legal agreement between you and Road to Status.

 

You acknowledge and agree that, by clicking on the “Accept Terms” button, registering for a Road To Status account, downloading of the application or any application upgrades, using the application on your mobile device, or accessing or using the Road To Status service, or by downloading, submitting or posting any content from, or on, or through the Road to Status service, you are indicating that you have read, understand and agree to be bound by these terms or service. If you do not agree to these terms of service, then you have no right to access or use the Road to Status Service or site content.

 

If you accept or agree to these Terms of Service on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms of Service and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

 

DEFINITIONS

“Content” means text, graphics, photos, music, software, audio, video, information or other materials.
“Corporate Member” means a Member that is a company or other legal entity, rather than an individual that is using the Site for the purpose of providing services for Members or Registered Clients.
“Road to Status Content” means Content that Road to Status makes available through the Site or Road to Status Service, including any Content licensed to Road to Status from a third party, but excluding Member Content.
“Member” means a person or entity who completes Road to Status’s account registration process, as described under “Account Registration” below.
“Registered Client” means a person who accesses and uses the Site, in any manner, through invitation or registration by a Corporate Member.
“Member Content” means Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Road to Status Service, including, without limitation, comments to the Road to Status blog.
“Site Content” means Road to Status Content and Member Content.

 

MODIFICATION

Road to Status reserves the right, at its sole discretion, to modify, discontinue or terminate the Road to Status Service or to modify these Terms of Service, at any time and without prior notice. If we modify these Terms of Service, we will post the modification on the Site or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms of Service or on the Site or Application. By continuing to access or use the Road to Status Service after we have posted a modification on the Site or Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Service. If the modified Terms of Service are not acceptable to you, your only recourse is to cease using the Road to Status Service.

 

Certain portions of the Road to Status Service may, or may in the future, have different terms and conditions posted on the Site or may require you to agree with and accept additional terms and conditions. Road to Status may, in its sole discretion, make premium or different applications, software or services available to you that is subject to different terms and conditions and narrower licenses than as set forth therein. If there is a conflict between these Terms of Service and terms and conditions posted for a specific portion of the Road to Status Service, the latter terms and conditions shall take precedence with respect to your use of or access to that portion of the Road to Status Service.

 

ELIGIBILITY

By accessing or using the Road to Status Service you represent and warrant to Road to Status that: (i) you are of legal age to form a binding contract, or, if you are a minor, you have your parent’s permission to use the Road to Status Service, and your parent has read and agrees to these Terms of Service on your behalf; (ii) all registration information you submit is accurate, current and complete; (iii) you will maintain the accuracy and completeness of such information; (iv) if you are accepting these Terms of Service on behalf of a company or other legal entity, you have the authority to bind that company or legal entity to these Terms of Service. You also certify that you are legally permitted to use and access the Road to Status Service and take full responsibility for the selection and use of and access to the Road to Status Service. These Terms of Service are void where prohibited by law, and the right to access the Road to Status Service is revoked in such jurisdictions.

 

PRIVACY

See Road to Status’s Privacy Policy for information and notices concerning Road to Status’s collection and use of your personal information.

 

ACCOUNT REGISTRATION

In order to access the Road to Status Service, you must register to create an account (“Account”) and become a Member. When registering with Road to Status you agree to: (a) provide true, accurate, current and complete information about yourself (or, if applicable, the Corporate Member you represent) as prompted by the Road to Status Service’s registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Road to Status Service (or any portion thereof).

 

You may not authorize any third party (other than, if applicable, the employees, consultants or agents of the Corporate Member you represent) to access or use the Road to Status Service on your behalf. You are responsible for maintaining the confidentiality of the user ID and password, and are fully responsible for all activities that occur under your user ID or password. You agree to immediately notify Road to Status of any unauthorized use of your user ID or password or any other breach of security. Road to Status cannot and will not be liable for any loss or damage arising from any unauthorized use of your account.

 

FEES & PAYMENT

Signing up for a Road to Status account is free for Members who register as individuals or Corporate Members. The free use of various offerings within the Road to Status Service, including but not limited to forms and applications and RTS Mobile are governed by additional terms set forth on the Site (such additional terms being incorporated herein by reference). In the event you choose to upgrade to future paid services or to provide payment information to Road to Status after being prompted to do so, you agree to the pricing, payment and billing policies as set forth (a) herein, (b) on the Site and/or (c) if applicable, in a separately executed or accepted purchase order. All fees paid for the Road to Status Service are non-refundable and non-transferable except as expressly provided in these Terms of Service. All fees and applicable taxes, if any, are payable in United States dollars. You are solely responsible for the payment of, and shall pay when due, all applicable sales and use taxes and similar fees now in force, enacted or imposed in the future on the delivery of Road to Status Service and/or any related transactions (except for taxes assessed on Road to Status’s net income or personal property). In addition to any fees for your selected Road to Status Service package, you are responsible for any charges incidental to using the applicable Service, for example, charges for internet access, data roaming, and other data transmission charges.

 

If your selected Road to Status Service package requires a recurring subscription fee, your Road to Status Service package will automatically renew, unless we terminate it, or you notify us by email of your decision to terminate your current Road to Status Service package. You must cancel any such Road to Status Service package before it renews in order to avoid billing of subscription fees for the renewal term to your credit card. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods. In order to subscribe to a Road to Status Service package that requires payment, you must provide Road to Status with a valid credit card or other payment method approved by Road to Status for payment of the applicable subscription fees. You authorize Road to Status to charge your credit card or other payment method used upon the expiration of any applicable free trial or subscription period as provided for in these Terms of Service. Unless previously terminated, if you have a monthly subscription, your credit card or other payment method used will be charged each month in advance. Unless previously terminated, if you have an annual subscription, your credit card or other payment method used will be charged annually on the anniversary date of the initial subscription charge. The amount charged on the next billing cycle will be automatically updated to reflect any changes to the subscription, including upgrades or downgrades. Subscription changes, including downgrades, may result in loss of access to Road to Status Content or other Content, features, or an increase or reduction in the amount of available capacity for Content provided by the Service. All prices are subject to change upon notice as provided for in these Terms of Use.

 

License granted by Road to Status

Subject to your compliance with these Terms of Service, Road to Status grants you a limited non-exclusive, non-transferable license to use the Site and/or download and install a copy of the Application on your mobile device and run such copy of the Application solely for your own personal or business use. With respect to any App Store Sourced Application (defined below in the Section entitled “Accessing and Downloading the Application from iTunes”), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (operating system software provided by Apple) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Road to Status reserves all rights in the Application not expressly granted to you by these Terms of Service. With respect to the Application sourced by Google Play, you will only use the Google Play Sourced Application as permitted by the “Terms of Use” set forth on the Google Play website. The foregoing is not a representation or warranty that there is or will be an Application or that the Application is or will be available on either iTunes or Google Play.

 

Intellectual Property

Road to Status Service. Road to Status shall own and retain all right, title, and interest in and to the Road to Status Service (except for any licensed content and software components included therein). Member agrees not to reverse engineer, decompile, distribute, license, sell, transfer, disassemble, copy, alter, modify, or create derivative works of the Road to Status Service or otherwise use the Road to Status Service in any way that violates the use restrictions contained in these Terms of Service. Road to Status does not grant to Member any license, express or implied, to the intellectual property of Road to Status or its licensors. Member further acknowledges and agrees that any information regarding the design, “look and feel”, specifications, components, functionality or operation and payment terms and pricing (if applicable) of the Road to Status Service is considered the confidential and proprietary information of Road to Status (collectively “Road to Status Confidential Information”).

 

Member Data. Subject to the section below labeled “Assignment of Certain Member Data”, Member shall retain all right, title and interest in and to (a) all graphics, images, files, data and other information transmitted by Member to Road to Status in connection with its use of the Road to Status Service and (b) reports and other materials generated by the Road to Status Service following such transmission (collectively, “Member Data”), provided, however, that Member hereby grants to Road to Status a worldwide, royalty-free, non-exclusive license to use (i) data generated as a result of Member’s use of the Road to Status Service solely for purposes of (x) maintaining and improving the Road to Status Service and (y) providing Member with access to special product offers and promotions and (ii) non-identifiable, anonymous, aggregated data regarding Member’s use of the Road to Status Service compiled by Road to Status solely for marketing purposes or distribution to third party research firms.

 

Assignment of Certain Member Data. Notwithstanding the foregoing, upon your submission of an expense report to a Corporate Member or any other Member, you hereby transfer all right, title, and interest in and to any transferred Member Data to the applicable Corporate Member or Member, provided, however, that such Corporate Member or Member hereby grants to you a worldwide, perpetual, royalty-free, non-exclusive license to maintain and utilize copies of such transferred Member Data (including any expense reports) for personal record keeping purposes.

 

Road to Status Logos and Designs. Road to Status’s graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of Road to Status in the U.S. and/or other countries. Road to Status’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without Road to Status’s prior written permission.

 

Member Art. Member shall retain all right, title and interest in and to all of Member’s logos, promotional graphics and related marketing designs (collectively, the “Member Art”), provided, however, that Member hereby grants to Road to Status a worldwide, royalty-free, non-exclusive license to use the Member Art, as well as Member’s corporate and/or trade name, for purposes of fulfilling its obligations hereunder and marketing Road to Status’s products and services to third parties, subject to Member’s right in each instance to approve the manner and form of such use (which approval shall be in writing and shall not be unreasonably withheld or delayed).

 

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Road to Status Service (“Feedback”). You may submit Feedback by emailing us or through the “Help” section of the Road to Status Service. You acknowledge and agree that all Feedback will be the sole and exclusive property of Road to Status and you hereby irrevocably assign to Road to Status and agree to irrevocably assign to Road to Status all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At Road to Status’s request and expense, you will execute documents and take such further acts as Road to Status may reasonably request to assist Road to Status to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

 

General Prohibitions

You agree not to do any of the following:

 

Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances. Use, display, mirror or frame the Road to Status Service, or any individual element within the Road to Status Service, Road to Status’s name, any Road to Status trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Road to Status’s express written consent;
Access, tamper with, or use non-public areas of the Road to Status Service, Road to Status’s computer systems, or the technical delivery systems of Road to Status’s providers;
Attempt to probe, scan, or test the vulnerability of any Road to Status system or network or breach any security or authentication measures;
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as of privacy and publicity) of any other use of the Road to Status Service or staff member of Road to Status.
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Road to Status or any of Road to Status’s providers or any other third party (including another user) to protect the Road to Status Service or Site Content;
Attempt to access or search the Road to Status Service or Site Content or download Site Content from the Road to Status Service through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Road to Status or other generally available third party web browsers;
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail or junk messages, spam, chain letters or other form of solicitation (including sending invitations to use the Road to Status Service to the mobile numbers of people you do not know);
Use or disclose any Road to Status Confidential Information, except as otherwise explicitly set forth herein;
Use any meta tags or other hidden text or metadata utilizing a Road to Status trademark, logo URL or product name without Road to Status’s express written consent;
Use the Road to Status Service or Site Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms of Service;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Road to Status Service or Site Content to send altered, deceptive or false source-identifying information;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Road to Status Service or Site Content;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Road to Status Service;
Collect or store any personally identifiable information from the Road to Status Service from other users of the Road to Status Service without their express written permission;
Impersonate or misrepresent your affiliation with any person or entity;
Violate any applicable law or regulation; or
Encourage or enable any other individual or entity to do any of the foregoing.

 

Road to Status will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Road to Status may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Service. You acknowledge that Road to Status has no obligation to monitor your access to or use of the Road to Status Service, or to review or edit any Member Content, but has the right to do so for the purpose of operating the Road to Status Service, to ensure your compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

 

Digital Millenium Copyright Act Notice

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible through the Road to Status Service, please notify Road to Status’s copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under the DMCA, you must provide the following information in writing:
An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
Identification of the copyrighted work that you claim is being infringed;
Identification of the material that is claimed to be infringing and where it is located on the Services;
Information reasonably sufficient to permit Road to Status to contact you, such as your address, telephone number, and email address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
Road to Status’s Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows:
Attention: Copyright Agent: Road to Status, Inc. info@roadtostatus.com

 

For clarity, only DMCA notices should go to the Road to Status, Inc. Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to Road to Status via help@roadtostatus.com

 

Links to third-party websites

The Road to Status Service may now or in the future contain links to third-party websites, advertisers, services, or resources that are not owned or controlled by Road to Status. You acknowledge and agree that Road to Status has no control over and is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, privacy policies, practices, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Road to Status of such websites or resources or the content, products, practices, privacy policies, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products, or services on or available from such websites or resources. Additionally, your dealings with or participation in promotions of any third parties, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such third parties. You agree that Road to Status shall not be responsible for any loss or damage of any sort relating to your dealings with such third parties. We encourage you to be aware of when you leave the Road to Status Service, and to read the terms and conditions and privacy policy of any third-party website or service that you visit. You expressly relieve Road to Status from any and all liability arising from your use of any third-party website or services or third party content.

 

Termination & Account Cancellation

If you breach any of these Terms of Service, Road to Status will have the right to suspend, disable or terminate your Account or terminate these Terms of Service, at its sole discretion and without prior notice to you. Road to Status reserves the right to revoke your access to and use of the Road to Status Service at any time, with or without cause. In the event Road to Status terminates these Terms of Service for your breach, you will remain liable for any and all amounts due hereunder. You may cancel your Account at any time here, or by sending an email to help@roadtostatus.com.

 

Disclaimers

THE ROAD TO STATUS SERVICE AND SITE CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, ROAD TO STATUS EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. ROAD TO STATUS MAKES NO WARRANTY THAT THE ROAD TO STATUS SERVICE OR SITE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. ROAD TO STATUS MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, ROAD TO STATUS SERVICE OR SITE CONTENT PURCHASED OR OBTAINED THROUGH THE ROAD TO STATUS SERVICE OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE ROAD TO STATUS SERVICE.

 

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ROAD TO STATUS OR THROUGH THE ROAD TO STATUS SERVICE, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

 

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE ROAD TO STATUS SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE ROAD TO STATUS SERVICE. YOU UNDERSTAND THAT ROAD TO STATUS DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE ROAD TO STATUS SERVICE, NOR DOES ROAD TO STATUS MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE ROAD TO STATUS SERVICE. ROAD TO STATUS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE ROAD TO STATUS SERVICE OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE ROAD TO STATUS SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE ROAD TO STATUS SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE ROAD TO STATUS SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.

 

Indemnity

You agree to defend, indemnify, and hold Road to Status, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Road to Status Service, or your violation of these Terms of Service, including breach of any representations or warranties herein.

 

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE ROAD TO STATUS SERVICE AND SITE CONTENT REMAINS WITH YOU. NEITHER ROAD TO STATUS NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE ROAD TO STATUS SERVICE OR SITE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, ROAD TO STATUS SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR ROAD TO STATUS SERVICE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF ROAD TO STATUS SERVICE OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR SITE CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE ROAD TO STATUS SERVICE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE ROAD TO STATUS SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ROAD TO STATUS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

 

IN NO EVENT WILL ROAD TO STATUS’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF ROAD TO STATUS SERVICE OR FROM THE USE OF OR INABILITY TO USE THE ROAD TO STATUS SERVICE OR SITE CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO ROAD TO STATUS FOR USE OF THE ROAD TO STATUS SERVICE OR CONTENT. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ROAD TO STATUS AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

Export Control

You may not use, export, re-export, import, or transfer the Application except as authorized by United States law, the laws of the jurisdiction in which you obtained the Application, and any other applicable laws. In particular, but without limitation, the Application may not be exported or re-exported: (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Application, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Application for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.

 

Accessing and Downloading the Application from iTunes

The following applies to any Application accessed through or downloaded from the Apple App Store (“App Store Sourced Application”):
You acknowledge and agree that (i) these Terms of Service are concluded between you and Road to Status only, and not Apple, and (ii) Road to Status, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.

 

You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.

 

In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Road to Status and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Road to Status.

 

You and Road to Status acknowledge that, as between Road to Status and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

 

You and Road to Status acknowledge that, in the event of any third party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Road to Status and Apple, Road to Status, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Service.

 

You and Road to Status acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof.

 

Without limiting any other terms of these Terms of Service, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.

 

Controlling Law & Jurisdiction

You and Road to Status agree to resolve any disputes or damage claim by arbitration. The arbitration proceeding shall be conducted in Chicago, Illinois, in accordance with the rules of the American Arbitration Association then in effect with one (1) arbitrator to be selected by mutual agreement of both you and Road to Status. If the parties cannot agree on an arbitrator, then the American Arbitration Association shall select an arbitrator from the National Panel of Arbitrators. The laws of the State of Illinois shall apply to the arbitration proceedings. The parties agree that the arbitrator cannot award punitive damages to either party and agree to be bound by the arbitrator’s findings. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction, which shall include, but not be limited to, the courts within Cook County, Illinois. YOU FURTHER AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.

 

Entire Agreement

These Terms of Service constitute the entire and exclusive understanding and agreement between Road to Status and you regarding the Road to Status Service and Site Content, and these Terms of Service supersede and replace any and all prior oral or written understandings or agreements between Road to Status and you regarding the Road to Status Service.

 

Assignment

You may not assign or transfer these Terms of Service, by operation of law or otherwise, without Road to Status’s prior written consent. Any attempt by you to assign or transfer these Terms of Service, without such consent, will be null and of no effect. Road to Status may assign or transfer these Terms of Service, at its sole discretion, without restriction. Subject to the foregoing, these Terms of Service will bind and inure to the benefit of the parties, their successors and permitted assigns.

 

Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms of Service, will be in writing and given: by Road to Status (i) via email (in each case to the address that you provide) or (ii) by posting to the Application or Site. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

 

General

The failure of Road to Status to enforce any right or provision of these Terms of Service will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Road to Status. Except as expressly set forth in these Terms of Service, the exercise by either party of any of its remedies under these Terms of Service will be without prejudice to its other remedies under these Terms of Service or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Service will remain in full force and effect.

 

Contacting Road to Status

If you have any questions about these Terms of Service, please contact us.