RHETR, INC. SERVICES TERMS OF USE

These Terms of Use (or these "Terms" or the "Agreement") govern the your access to and use of the services, websites, and applications (collectively, our or the "Services") owned by Rhetr, Inc. (also referred to herein as "Rhetr", "we", “us” and "our").

BY ACCEPTING THESE TERMS, EITHER BY CLICKING A BOX INDICATING YOUR ACCEPTANCE OR BY EXECUTING AN ORDER FORM THAT REFERENCES THESE TERMS, YOU AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU", "YOUR", OR "PARTY" SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES. YOUR ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS. IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY RHETR, YOUR ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS OF USE.

Use of Our Services

Generally. Rhetr provides the Services pursuant to these Terms and the policies made available to you through the Services, found below. The Services enable end users ("End Users") to connect with independent individuals or companies who create pages using the Services (the "Customers") to show the world their expertise by providing live and recorded instruction, tutoring, and learning services in our online classroom platform (the "Courses"). End Users and Customers are, collectively, referred to as "Users" in this Agreement. The Services include, without limitation, facilitating and hosting Courses and supporting materials, and taking feedback from Users.

Eligibility. The Services are not targeted towards, nor intended for use by, anyone under the age of 13. By using the Services, you represent and warrant that you are 13 years of age or older. If you are over the age of 13, but under the legal age of majority, your parent or legal guardian must consent to these Terms, and affirm acceptance of this Agreement on your behalf, bear all legal and financial responsibility and liability for your actions, and expressly ratify and confirm your acts and the acts of all users of the account.

Account Registration. You will need an account (your “Account”) in order to use our Services. You must provide accurate and complete information, and keep your Account information updated. You are responsible for safeguarding the password and other Account information that you use to access the Services as well as for any activities or actions you take through your Account. We encourage you to use "strong" passwords with your Account (i.e., passwords that use a combination of upper and lower case letters, numbers and symbols). Rhetr will not be liable for any loss or damage arising from your failure to comply with these Terms.

Rhetr’s Intellectual Property and Your Use License. The Services are protected by copyright, trademark, and other U.S. and foreign laws. Using the Services does not grant you any right, title, or interest in the Services or Customer’s content in the Services. Using the Services does not grant you the right to use any branding or logos contained or displayed in the Services. You agree to abide by and maintain all copyright notices, information, and restrictions contained in or displayed through the Services.

You may not copy, modify, distribute, sell, or lease any part of our Services or included software, which may also comprise Customer content (collectively, “Content”). You may not attempt to decompile, reverse engineer or extract the source code of the Services. You may not you use the materials for any commercial purpose or for any public display (commercial or non-commercial), nor may you remove any copyright or other proprietary notations from the Services. You may not transfer the Services to another person or “mirror” the Services on any other server. The Terms are a limited, revocable license that will automatically terminate if you violate any of the restrictions contained in these Terms. Rhetr may alter the Terms, or terminate this Agreement, at any time. Upon terminating your right to access or view the Services, or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Communications. In connection with your use of the Services, we may send you announcements, administrative messages, and other information related to the maintenance and improvement of the Services. In some cases, you may elect not to receive certain communications.

Service Levels. Rhetr will use commercially reasonable efforts to make the Services operational and available for access and use by Users at all times, but makes no guarantees with regard to “uptime.” In the event that the Service becomes unavailable for any period of time, Rhetr shall be under no obligation to provide service credits or other remedies. By using the Service you acknowledge and agree that Rhetr has made no guarantees that your use of the Service shall be free from intermittent interruptions or “downtime.”

Termination; Cancellation; No Refunds. You may stop using our Services at any time. We reserve the right, without providing you with prior notice, to: (a) change the Services; (b) stop providing the Services or features or versions of the Services; (c) create usage limits for the Services at any time; and (d) terminate Users or reclaim Account usernames. We acknowledge that you own your data, and that preserving your access to your data is important. If we discontinue any portion the Services we will, if reasonably possible, provide you with advance notice as well as the opportunity to extract your data from the portion(s) of the Services scheduled for termination.

You may cancel your Account at any time. Fees paid on cancelled Accounts are non-refundable. Termination of an Account does not relieve you of any obligation to pay accrued fees or charges.

Payment Processing. We use third party payment processors to bill Accounts. The payment processing services our third party payment processors provide is subject to the terms, conditions and privacy policies of the applicable third party payment processor. We are not responsible for third party payment processors’ errors. Please refer to our Privacy Policy below for more information.

Copyright Infringement Policy Rhetr respects the intellectual property rights of others and expects Users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe Content has been copied or used in a way that constitutes copyright infringement, please provide us with the following information in accordance with the Digital Millennium Copyright Act: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you 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 the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Communications relating to our copyright policy should be made to support@rhetr.com.

We reserve the right to remove content alleged to be infringing, or otherwise illegal, without prior notice and at our sole discretion. In appropriate circumstances, Rhetr will also terminate a user's Account if the user is determined to be a repeat infringer.

Links

The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Rhetr of such websites or resources or the content, products, 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.

Privacy

Rhetr values your privacy. Please review our Privacy Policy to learn more about how we collect and use information about you via the Services.

Disclaimers; Indemnity

Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, RHETR AND ITS CUSTOMERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any content thereon. Rhetr will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content. You also agree that Rhetr has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other information maintained by the Services. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Rhetr or through the Services, will create any warranty not expressly made herein.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RHETR AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT RHETR HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

If anyone brings a claim against us related to your actions or Content on the Services, or actions or Content by or from someone using your account, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim

Miscellaneous Provisions

These Terms and any action related thereto will be governed by the laws of the State of California without regard to or application of its conflict of law provisions or your state or country of residence. Unless submitted to arbitration as set forth in the following paragraph, all claims, legal proceedings or litigation arising in connection with the Services will be brought solely in San Francisco County, California, and you consent to the jurisdiction of, and venue in such courts, and waive any objection as to inconvenient forum.

For any claim (excluding claims for injunctive or other equitable relief) under these Terms where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. The party electing such arbitration shall initiate the arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, as selected by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

These Terms are the entire and exclusive agreement between Rhetr and you regarding the Services and Content (excluding any services for which you have a separate agreement with Rhetr that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Rhetr and you regarding the Services.

The failure of Rhetr to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

We may revise these Terms from time to time. The most current version will always be on this page (or such other page as the Services may indicate). If the revision, in our sole discretion, is material we will notify you via posting to our website or e-mail to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

Contact

The Services are provided by Rhetr, Inc. If you have questions about these Terms, please contact us at support@rhetr.com.


RHETR TERMS OF SERVICE

PLEASE READ THESE TERMS OF SERVICE ("AGREEMENT") CAREFULLY BEFORE USING RHETR OFFERED BY RHETR, INC. ("RHETR," "WE," "US"). THIS AGREEMENT FORMS A LEGALLY BINDING CONTRACT BETWEEN YOU AND RHETR IN RELATION TO YOUR USE OF RHETR AND ANY FEATURES, CONTENT, OR APPLICATIONS OFFERED FROM TIME TO TIME BY RHETR IN CONNECTION THEREWITH (COLLECTIVELY, THE "SERVICES"), TO DISTRIBUTE YOUR DIGITAL MATERIALS VIA THE SERVICES IN ACCORDANCE WITH RHETR AND ITS SERVICES. IN ORDER TO USE THE SERVICES, YOU MUST FIRST AGREE TO THIS AGREEMENT BY CLICKING "ACCEPT" WHERE THIS OPTION IS MADE AVAILABLE TO YOU. YOU MAY NOT UPLOAD DIGITAL MATERIAL WITH RHETR IF YOU DO NOT ACCEPT THIS AGREEMENT. RHETR RESERVES THE RIGHT TO CHANGE THE TERMS OF THIS AGREEMENT AT ANY TIME UPON NOTICE TO YOU; YOUR CONTINUED USE OF THE SERVICES, OR RELATED FEATURES, CONTENT, OR APPLICATIONS FOLLOWING SUCH NOTICE CONSTITUTES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AS MODIFIED. IF YOU ARE ACCEPTING THIS AGREEMENT ON BEHALF OF AN ORGANIZATION OR ENTITY, YOU REPRESENT AND WARRANT YOU HAVE POWER AND AUTHORITY TO BIND SUCH ORGANIZATION OR ENTITY TO THIS AGREEMENT.

Acceptance of Terms

The Services are offered subject to acceptance of all the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time by Rhetr in relation to the Services. In addition, your use of the Services and other aspects of Rhter’s website is subject to Rhetr’s Terms of Use [link] and Privacy Policy [link], both of which are incorporated into this Agreement by this reference. In any event of any conflict between this Agreement and any other terms and conditions you have agreed to with Rhetr, this Agreement will prevail.

User Content

Generally. For purposes of these Terms of Service, "Content" means any information, text, graphics, or other materials uploaded, downloaded or appearing on the Services. You retain ownership of all Content you upload, submit, post, display, or otherwise create on or through the Services (“User Content”).

User Content is the sole responsibility of the entity that makes it available. We may review User Content to determine whether it is illegal or violates these Terms of Service, and we may remove or refuse to display content that we reasonably believe violates these Terms of Service or the law. With that said, we have no obligation to do so. We are not responsible for the content you or end users (collectively, “Users”) post or share via the Services.

User Content License. When you upload, submit, post, display, or otherwise create on or through the Services (i.e. when you generate User Content), you give Rhetr (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving the Services. This license continues even if you stop using the Services.

You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.

Additionally, you represent, warrant and agree that you have not and will not contribute any User Content that (a) infringes, violates or otherwise interferes with any copyright or trademark of another party, (b) reveals any trade secret, unless the trade secret belongs to you or you have the owner's permission to disclose it, (c) infringes any intellectual property right of another or the privacy or publicity rights of another, (d) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party, (e) creates an impression that you know is incorrect, misleading, or deceptive, including by impersonating others or otherwise misrepresenting your affiliation with a person or entity; (f) contains other people's private or personally identifiable information without their express authorization and permission, and/or (g) contains or links to a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. Rhetr reserves the right in its discretion to remove any User Content from the Services, suspend or terminate your Account at any time, or pursue any other remedy or relief available under equity or law.

Loss of Data. Rhetr shall not be responsible for any data or content that is deleted, destroyed, or otherwise lost during the use of the Services. Rhetr shall be under no obligation to protect user data or content. You use these Services at your own risk.

Acceptable Use

As a condition of use, you promise not to use the Services in any way that is prohibited by these Terms of Service. You are responsible for all of your activity in connection with the Services.

You agree not to misuse the Services. For example, you must not do or attempt to do any of the following while accessing or using the Services: (i) use the Services for any unlawful purposes or for promotion of illegal activities; (ii) upload or post any User Content (as defined above) in violation of the provisions contained in the "Your License to Rhetr" section of these Terms; (iii) use the Services in violation of the copyrights, trademarks, patents or trade secrets of third parties, or utilize the Services to publish such materials in a manner that would expose them to public view in violation of the law; (iv) use the Services for the purpose of spamming anyone; (v) access or tamper with non-public areas of the Services, Rhetr’s computer systems, or the technical delivery systems of Rhetr's providers; (vi) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (vii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through the currently available, published interfaces that are provided by Rhetr (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Rhetr (for example, using manual or automated software, devices, or other processes to “crawl” or “spider” any part of the Services; or harvesting or scraping any User Content from the Services); (viii) forge any TCP/IP packet header or any part of the header information associated with any User Content, or in any way use the Services to send altered, deceptive or false source-identifying information; or (ix) interfere with or disrupt the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of User Content in such a manner as to interfere with or create an undue burden on the Service.

Pricing and Payments

Unless otherwise agreed in writing by Rhetr, the following shall be the pricing and payment methods for the Services provided by Rhetr. No alternative pricing or payment methods shall be applied, enforced, or otherwise imposed upon the parties unless expressly agreed to in writing and signed by Rhetr. Any oral, unsigned, or other agreements not meeting this standard shall be null and void ab initio and unenforceable.

Rhetr will collect and process payment information from Users of your Content via a third party payment processor to bill Accounts. The payment processing services our third party payment processors provide is subject to the terms, conditions and privacy policies of the applicable third party payment processor. We are not responsible for third party payment processors’ errors.

Subject to the terms and conditions, within thirty (30) days of the end of each calendar month during the term of this Agreement, Rhetr will calculate the Net Revenue (“Net Revenue), defined as the amount actually received by Rhetr from the Users less taxes, any transaction fees, disputes, and refund, for the User Content during such calendar month and remit such amounts to you, less the Revenue Share (“Revenue Share”), defined as a twenty percent (20%) share of Net Revenue.

Rhetr shall also have the right to withhold, in its sole discretion, reserves of no more than twenty percent (20%) from all amounts collected for Content for disputes and refunds (collectively, "Disputed Amounts"). All such reserves shall be placed in a non-interest-bearing account and shall be liquidated at the end of the sixth calendar month after they are received by Rhetr. Rhetr, in its sole discretion, will decide whether to refund any Disputed Amounts to End Users. If the amount held in reserve is insufficient to cover Disputed Amounts refunded for your Products, Rhetr shall notify you and may, in its reasonable discretion, increase the amount of the reserves it withholds, and/or set off such additional Disputed Amounts from any amounts owed to you hereunder.

Representations and Warranties

By posting, uploading, inputting, providing or submitting your User Content to Rhetr, you represent and warrant that: (a) the Products do not infringe, violate, or misappropriate any law, statute, ordinance or regulation or rights of any third party; and (b) the Product does not contain a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program.

Termination

This Agreement shall remain in full force and effect while you use the Services. Subject to these terms, either party may terminate this Agreement at any time, for any reason or for no reason, with thirty (30) days' written notice to the other party.

Notwithstanding anything else, Rhetr may terminate this Agreement, and/or terminate or suspend in whole or in part your access to or use of the Services with respect to any or all Content at any time, without prior notice or liability, for any reason, including without limitation if you breach any of the terms or conditions of this Agreement, if your behavior or any Content is offensive or unacceptable in any manner (or otherwise fails to meet Rhetr's rigorous standards of educational quality), or if you notify Rhetr that you intend to assign this Agreement to a Rhetr competitor. Upon termination of your account, your right to use the Services will immediately cease.

Limitation of Liability

NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT OR OTHERWISE, RHETR SHALL NOT BE LIABLE OR OBLIGATED WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR (A) ANY SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE AMOUNTS PAID OR PAYABLE BY RHETR TO YOU HEREUNDER IN THE TWELVE (12) MONTH PERIOD PRECEDING THE APPLICABLE CLAIM.

Confidentiality

You may receive business, technical, financial, or other information, materials, and/or ideas from Rhetr during the term of this Agreement, including without limitation personal information about End Users ("Confidential Information" of Rhetr). You agree to hold in confidence and not use or disclose (except as necessary to fulfill your obligations hereunder) the Confidential Information. You understand that, pursuant to Rhetr’s Privacy Policy, Rhetr may collect and use certain data regarding End Users' use of the Services. Rhetr is under no obligation to share this data with you, but if it does, such data shall be considered Rhetr’s Confidential Information.

You understand and agree that Rhetr works with many other Content Developers and some of their products or services may be similar to or perform the same or similar functions as your Content ("Similar Offerings"). To avoid potential misunderstandings, Rhetr cannot agree to any confidentiality or use restrictions with respect to any information that you may provide in connection with the Services or this Agreement.

If you do receive Confidential Information and plan to market to your Users, you must disclose that to the Users and only market your material. Rhetr will not tolerate third party marketing of information to Users.

Miscellaneous Provisions

This Agreement is not assignable, transferable or sublicensable by you (by operation of law or otherwise) except with Rhetr's prior written consent; provided, however, that you may assign this Agreement to a successor to all or substantially all of your assets or business who agrees in writing to be bound by this Agreement, provided you give Rhetr thirty (30) days prior written notice thereof. Rhetr may transfer, assign or delegate this Agreement and its rights and obligations without consent.

The parties agree that they are each independent contractors and nothing in this Agreement will be deemed to establish a joint venture, partnership, agency or employment relationship between the parties. Neither party has the right or authority to assume or create any obligation or responsibility on behalf of the other. Any notice, report, approval or consent required or permitted hereunder will be in writing. Except as otherwise set forth herein, any waivers or amendments will be effective only if made in writing and executed by both parties. If any provision of this Agreement is unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.

These Terms and any action related thereto will be governed by the laws of the State of California without regard to or application of its conflict of law provisions or your state or country of residence. Unless submitted to arbitration as set forth in the following paragraph, all claims, legal proceedings or litigation arising in connection with the Services will be brought solely in San Francisco County, California, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

For any claim (excluding claims for injunctive or other equitable relief) under these Terms where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. The party electing such arbitration shall initiate the arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, as selected by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

These Terms are the entire and exclusive agreement between Rhetr and you regarding the Services (excluding any services for which you have a separate agreement with Rhetr that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Rhetr and you regarding the Services.

The failure of Rhetr to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

We may revise these Terms from time to time. The most current version will always be on this page (or such other page as the Services may indicate). If the revision, in our sole discretion, is material we will notify you via posting to our website or e-mail to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.


Privacy Policy

Privacy Notice

VERSION: 1.0

EFFECTIVE DATE: May 1, 2015

Your privacy is important to Rhetr, Inc. (“Rhetr,” “we,” “us,” or “our”). Accordingly, we have created this Privacy Notice in order for you to understand how we collect, store, share, and use your information. Our main objective is to provide you with an excellent product while keeping you informed of how your data is being handled by us.

By accessing or using the Rhetr website or Services, you acknowledge that you accept the practices and policies outlined in this Privacy Notice. Remember, your use of Rhetr’s website and Services is at all times subject to the Terms of Use and/or Terms of Service, both of which incorporate this Privacy Notice. All capitalized terms used in this Privacy Notice will have the meaning set forth in the Terms of Use and/or Terms of Service.

Please read this Privacy Notice to learn how we collect, store, share, and use your information. If you have any questions or concerns regarding our Privacy Notice or privacy practices, please contact us at: Rhetr, Inc. support@rhetr.com

THE INFORMATION RHETR COLLECTS: (1) Information You Provide to Us Through Use of Our Website and Service. We receive and store any information that you enter into the website and/or Services. The information you enter may include, without limitation, personally identifying information such as your full name, user name, email address, password, billing and payment information (as it relates to payment for the Service), and any other information necessary for us to provide excellent quality Services, and a great online experience, to you. (2) Information Automatically Collected Through Use of Our Website and Services. We receive and store certain types of usage information whenever you interact with the website or Services; this information is not personally identifying information. For example, Rhetr automatically receives and records information on our server logs from your browser including your IP address, Rhetr cookie information, and the page you requested to view. We also record the details of your activity on the Services, and the number and frequency of your visits to our website. We collect and store this information in order to provide you the best quality Service that we can, and an optimal online experience. For example, if you are taking a quiz offered through the Services we may transmit cookies to you in order to allow you to save your quiz answers. This will enable you to return later to complete the quiz without having to re-answer previously viewed questions. The Services are hosted by Amazon Web Services and Heroku. We use Cloudlyitcs to track usage of our website. We also use Google Apps, therefore any communication sent to us from you via email is accessible by Google. Stripe securely processes all payment information, usually credit card information entered by you. When you enter sensitive information (such as your credit card number) into the website, Stripe encrypts the transmission of that information using a secure channel. We do not have access to your credit card information. These companies purport to aggregate and anonymize your data through our website or Services, however they have the technical ability to do otherwise. This Privacy Notice does not govern the use of your information by the third parties listed above, and we do not have access or control to the data these third parties may collect and use.

HOW RHETR USES YOUR INFORMATION: (1) Generally. When you use the Service, you may set up your personal profile, form relationships, send messages, perform searches and queries, and transmit information through various channels as permitted by the functionality of the Services. The information we gather from Users enables us to personalize the Services to you, and improve the Services generally. (2) Personally Identifiable Information. The personally identifiable information you provide to us is used for such purposes as responding to your requests for certain information and aspects of the Services, customizing your experience, and communicating with you about the Services. (3) Usage Information. Rhetr aggregates and anonymizes User data to enable us to figure out how often Users access and use parts of the Services, make the Services appealing and relevant to as many Users as possible, and customize or improve the Services. As part of our use of your information, we may choose to provide your information to our service providers after it has been anonymized. Additionally, certain usage-related information may be viewable in your User profile that may be displayed to other Users. HOW RHETR STORES YOUR INFORMATION: Rhetr uses coding practices that help prevent attack on our Services from web browsers and malicious scripts, by processing all actions through several permission verification checks. However, Rhetr does not encrypt your information. You can help protect your account against unauthorized access to your personally identifiable information by selecting your password appropriately. We recommend you choose a password with at least one number and one special character, and that you limit access to your computer and browser by signing off after you have finished accessing your account. Your information is stored on our servers for 3 years. RHETR ENDEAVORS TO KEEP YOUR INFORMATION PRIVATE, HOWEVER, WE CANNOT GUARANTEE SECURITY. UNAUTHORIZED ENTRY OR USE, HARDWARE OR SOFTWARE FAILURE, OR OTHER INCIDENTS MAY COMPROMISE THE SECURITY OF USER INFORMATION. For additional information concerning our privacy policy, security practices, or this Privacy Notice please contact us at support@rhetr.com. WHAT INFORMATION ABOUT YOUR USE CAN YOU ACCESS? We allow you to access, update, and delete the following information: (1) information in your User profile, (2) User connections, (3) User preferences, and (4) the content in your account. Under California Civil Code sections 1798.83 and 1798.84, California residents are entitled to know the categories of personal information which we share with our affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please contact us at support@rhetr.com. THIS PRIVACY NOTICE IS SUBJECT TO UNILATERAL CHANGE BY RHETR. However, our use of your information is subject to the terms of the version of this Privacy Notice in place at the time that we collect your information.