Terms of Service

Last updated: April 1, 2008

TERMS AND CONDITIONS

Rudder, Inc. (“Rudder”) maintains the Rudder.com web site (the “Site”) for the purpose of informing its members, potential members, and other interested parties about the rudder services including, but not limited to, access to the Site and Rudder’s financial data aggregation and management service and Rudder’s contemplated interfaces with mobile and other communication devices and/or associations with third-party websites that are available as a benefit of Rudder membership (“Service(s)”). Please visit us frequently and browse our pages, subject to the terms and conditions set out below (“Agreement”).

PLEASE READ THE FOLLOWING LEGAL INFORMATION CAREFULLY BEFORE USING THE SITE. THESE TERMS AND CONDITIONS MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THE SITE. BY ACCESSING OR USING ANY PORTION OF THE SITE, WHETHER AS A REGISTERED END-USER OR NOT, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. RUDDER’S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS AND CONDITIONS, TO THE EXCLUSION OF ALL OTHER TERMS AND CONDITIONS. THIS AGREEMENT CONSTITUTES YOUR ENTIRE AGREEMENT WITH RUDDER REGARDING THE SITE AND GOVERNS ANY AND ALL OF YOUR USE OF THE SITE. IT SUPERSEDES ALL PRIOR OR CONTEMPORANEOUS COMMUNICATIONS AND PROPOSALS, WHETHER ELECTRONIC, ORAL OR WRITTEN, BETWEEN YOU AND RUDDER WITH RESPECT TO THE SITE. YOU AGREE THAT THIS AGREEMENT IS NOT INTENDED TO CONFER AND DOES NOT CONFER ANY RIGHTS OR REMEDIES UPON ANY PERSON OTHER THAN YOU AND RUDDER. IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY RUDDER, ACCEPTANCE IS EXPRESSLY LIMITED TO THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, THEN DO NOT USE THE SITE OR THE SERVICE.

The terms “you,” “your,” and “yours” refer to you, the user of the Site. The terms “Rudder,” “we,” “us,” and “our” refer to Rudder, Inc.

In consideration of your use of the Service, you represent that you are of legal age to form a binding contract, whether acting on your own behalf or as an authorized employee or representative of a corporation or other business entity. You also represent that you are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If you do not so qualify, do not attempt to register for or use the Services.

MODIFICATIONS TO AGREEMENT

We reserve the right, in our sole discretion, to modify this Agreement at any time and in any manner. Notice of any material modification of this Agreement will be posted in this section of the Site, and any such modifications will be effective upon the posting of such notice. You are responsible for regularly reviewing the latest version of this Agreement, and any additional terms and conditions that may be posted. Your continued use of the Site constitutes your binding acceptance of such modifications. If you do not agree to the changes proposed by Rudder, or to any of the terms in this Agreement, your only remedy is to stop using the Site.

CONDITIONS OF REGISTRATION

As a condition to using certain of the Services, you are required to register with Rudder and select a password and screen name (“User ID”). You shall provide Rudder with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your Rudder account. You may not (i) select or use as a User ID a name of another person with the intent to impersonate that person; (ii) use as a User ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a User ID a name that is otherwise offensive, vulgar or obscene. Rudder reserves the right to refuse registration of, or cancel a User ID in its discretion. You shall be responsible for maintaining the confidentiality of your password.

LIMITATIONS AND USER CONDUCT

You must comply with all applicable laws when using the Services. Except as may be expressly permitted by applicable law or authorized by us in writing, you will not, and will not permit anyone else to use the Services for any purpose that is unlawful or prohibited hereby, or any other purpose not reasonably intended by Rudder. By way of example, and without limitation, you may not:

• use any automated tool to access, use, or collect information from the Site (including, without limitation, robots, spiders, scraper, scripts, or other automated means);
• use the Site in a manner that threatens the integrity, performance, or availability of the Site or interferes with any other party’s use or enjoyment of the Site or interferes with or disrupts the Service or servers or networks connected to the Service, or disobeys any requirements, procedures, policies or regulations of networks connected to the Service;
• remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Site (including, without limitation, by framing or pop-ups);
• use the Services to abuse, harass, threaten, impersonate, intimidate or “stalk” others;
• contribute any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements), including your violation of a contractual obligation or fiduciary or other duty owed by you to a third party;
• post or transmit, or cause to be posted or transmitted, any communication designed to obtain password, account, or private information from any other user;
• upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose;
• use the Services in connection with affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops), or off-topic Content;
• take any action that imposes, or may impose (as judged by Rudder in its sole discretion) an unreasonable or disproportionately large load on our infrastructure;
• bypass any measures we may use to prevent or restrict access to the Site;
• use any means to artificially inflate or alter any voting mechanism, data, or comments, including by way of creating separate user accounts for such purpose; giving or receiving money or other remuneration in exchange for actions; or participating in any other organized effort that in any way artificially alters the results of the Services;
• harm minors in any way;
• impersonate any person or entity, including, but not limited to, a Rudder employee, official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
• upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
• upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
• intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, NASDAQ, the Over-the-Counter Bulletin Board or Pink Sheets and any regulations having the force of law;
• provide material support or resources (or conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act; or
• collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs (a) through (s) above.

In addition, you may not use any meta tags or any other “hidden text” using Rudder’s name or other trademark or service mark, nor any Rudder logo or other proprietary graphic or service mark as part of a link, without the express written consent of Rudder. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion of the Site, use of the Site, or access to the Site.

TERMINATION

We may, without prior notice to you, change, suspend or discontinue the Services at any time, including the alteration, suspension or termination of any feature or features of the Site. We may, at any time and in our sole discretion, impose limits and/or conditions on your use of the Site, and/or restrict your access to part or all of the Site, without notice or liability. We may remove any Content and suspend, restrict or terminate any account at any time for any reason, or for no reason at all.

TRADEMARKS, COPYRIGHTS & RESTRICTIONS

Rudder does not claim ownership of the materials you submit to the Site through any Site feature now or hereafter made available, including, but not limited to, articles, audio clips, data, emails, graphics, illustrations, images, messages, photographs, posts, software, text, user comments, user posts, and video clips you submit or make available for inclusion on the Service (“Content”). However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Rudder the perpetual, irrevocable, worldwide, royalty free and fully transferable and sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, publicly display and otherwise exploit such Content (in whole or in part) for any purpose, commercial or non-commercial, including, but not limited to, in connection with the Service for the purposes of providing and promoting the Service, and in any way, including by methods that have not yet been invented or conceived, and to incorporate such Content into other works in any format or medium now known or later developed or conceived. Rudder may transfer such license and the Content in connection with a sale of or change of control of Rudder.

The Site is the property of Rudder and its licensors and is protected from unauthorized copying and dissemination by copyrights that are owned or licensed by Rudder under copyright law, trademark law, international conventions and other intellectual property laws.

“Rudder,” “Rudder, Inc.,” and other Rudder graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks and/or trade dress of Rudder under the applicable laws of the United States and other countries. All other logos or product names are trademarks or registered trademarks of their respective owners. Rudder’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.

You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Content from Rudder.com or any other web site owned or operated by Rudder without the prior written permission of Rudder.

Rudder respects the intellectual property of others. It is Rudder’s policy to respond expeditiously to claims of copyright and other intellectual property infringement. Rudder will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, Rudder may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Rudder will terminate access for subscribers and account holders who are repeat infringers.

To provide Rudder notice of an infringement, you must provide a written communication to the attention of “DMCA Infringement Notification Dept.” care of dmca@Rudder.com that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is infringing your copyright.

If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected site or content. If you feel that your material does not constitute infringement, you may provide Rudder with a counter notification by written communication to the attention of “DMCA Counter Notification Dept.” at dmca@Rudder.com that sets forth all of the necessary information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking the advice of an attorney.

BUSINESS RELATIONSHIPS

Rudder has numerous business relationships to enable the Rudder Services. For convenience and simplicity, words like venture, joint venture, partnership, co-venturer, and partner are used to indicate business relationships involving common activities and interests, and those words may not indicate precise legal relationships.

LINKS TO THIRD PARTY WEBSITES

Rudder is not responsible for the content of any site that may be linked to or from Rudder.com. These links are provided for your convenience only and you access them at your own risk. Any other web site accessed from the Site is independent from Rudder, and Rudder has no control over the content of that other web site. In addition, a link to any other web site does not imply that Rudder endorses or accepts any responsibility for the content or use of such other web site.

NO IMPLIED ENDORSEMENTS

In no event shall any advertising that may appear on the Site or other reference to any third party or third party product or service be construed as an approval, guarantee or endorsement by Rudder of that third party or of any product or service provided by a third party.

PRIVACY

Rudder is concerned about privacy. Please review our Privacy Policy. By using the Services, you agree to abide by such policy. The foregoing should not be construed to imply that, to the extent you participate in any social messaging, discussion or networking feature or other such public forum whether offered by Rudder now or in the future, third parties may not be able to deduce your identity or the fact that you contributed Content.

You will receive a password and account designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Rudder of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Rudder cannot and will not be liable for any loss or damage arising from your failure to comply with these provisions.

Notwithstanding the foregoing, Rudder reserves the right at all times to disclose any information as Rudder deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Rudder’s sole discretion. You understand and agree that the Privacy Policy, including Rudder’s enforcement of that policy, is not intended to confer, and does not confer, any rights or remedies upon any person. We may change our Privacy Policy from time to time, and our changes are effective upon the posting of those changes on the Site. This posting may be done without notice to you, except as required by applicable law.

PERSONAL AND ACCOUNT INFORMATION

You agree and understand that you are responsible for maintaining your accounts held at financial institutions and for maintaining the accuracy of the account user names, passwords, personal identification numbers or other log-in information (the “Log-in Information”) provided by you to Rudder for use in performing the Service. The Service will not perform as intended if you do not provide accurate and up to date Log-in Information.

You are responsible for updating or changing your email address as appropriate. By providing Rudder with your e-mail address you are agreeing to receive all required notices only at that email address. Notices will be provided in HTML format or in plain text according to the support capabilities of your email provider or mobile device, as applicable.

RIGHT TO USE YOUR PERSONAL INFORMATION

As the owner of the Log-in Information, you grant Rudder a license to use the Log-in Information for the purpose of providing the Service. Rudder shall use the Log-in Information only to provide the Service. By providing Log-in Information to Rudder you represent that you own the Log-in Information and are entitled to access each web site for which the Log-in Information applies. Any fees charged by any third-party web site in relation to accessing the third-party web site are the sole responsibility of you and not of Rudder. By using the Service, you expressly authorize Rudder to (i) act as your agent and on your behalf to use the Log-in Information to access your account(s) maintained by third parties via third-party web sites and (ii) download relevant personal financial data for purposes of performing the Service.

For purposes of this Agreement and for providing the Service, you hereby grant Rudder a limited power of attorney, and appoint Rudder as your attorney-in-fact and agent, to access third-party web sites, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities. YOU ACKNOWLEDGE AND AGREE THAT WHEN RUDDER IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD-PARTY WEB SITES, RUDDER IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY.

DISCLAIMERS AND ACKNOWLEDGMENTS

There may be delays, omissions, or inaccuracies in information contained in the Site. The information on the Site is provided with the understanding that Rudder providing such information does not constitute the rendering of legal, accounting, tax, career or other professional advice or services. As such, information on the Site should not be relied upon or used as a substitute or consultation with professional advisors.

Rudder’s failure to act in a particular circumstance does not waive its ability to act with respect to that circumstance or similar circumstances.

RUDDER’S SITE MAY CONTAIN FACTS, VIEWS, OPINIONS, STATEMENTS, AND RECOMMENDATIONS OF THIRD-PARTY INDIVIDUALS AND ORGANIZATIONS. RUDDER DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, RECOMMENDATIONS, OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH THE SITE OR THE SERVICES. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, STATEMENT, RECOMMENDATIONS, OR INFORMATION WILL BE AT YOUR SOLE RISK. FURTHERMORE, RUDDER DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OF, OR ACCURACY OF ADVERTISEMENTS FOR, ANY MERCHANDISE, PRODUCTS OR SERVICES OFFERED OR PROVIDED BY ITS ALLIES OR SUPPLIERS IN CONJUNCTION WITH THE RUDDER SERVICES.

BY USING THE SERVICES, YOU ACKNOWLEDGE THAT THE MATERIALS ON THE SITE ARE PROVIDED ON AN “AS IS” BASIS AND WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. RUDDER MAKES NO WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS, AND VALIDITY OF ANY MATERIALS ON THE SITE AND DOES NOT WARRANT THAT THE FUNCTIONALITY CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER(S) (WHETHER OWNED OR CONTROLLED BY RUDDER OR ANY THIRD PARTY) THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RUDDER OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

NEITHER RUDDER NOR THE SERVICE IS MEANT TO PROVIDE LEGAL, TAX OR FINANCIAL ADVICE. RUDDER IS NOT A FINANCIAL PLANNER OR STRATEGIST, BROKER OR TAX ADVISOR. RUDDER AND THE SERVICE PROVIDE INFORMATION ONLY; ANY GUIDANCE OBTAINED FROM THE SERVICE MAY NOT BE APPLICABLE TO YOU AND YOUR PARTICULAR CIRCUMSTANCES. BEFORE MAKING DECISIONS BASED ON INFORMATION GATHERED THROUGH THE SERVICE AND THE SITE YOU AGREE TO CONSULT A FINANCIAL PLANNER, TAX ADVISOR, ATTORNEY OR OTHER APPROPRIATE PROFESSIONAL ADVISOR FAMILIAR WITH YOUR PARTICULAR CIRCUMSTANCES.

You acknowledge that Rudder has no control over, and no duty to take any action regarding: which users gain access to any Content you may post; what effects the Services or the Content may have on you; how you may interpret or use information gained from the Service or the Content; or what actions you may take as a result of having been exposed to the Services or the Content. You release Rudder from all liability for you having acquired or not acquired Content through the Services or the Site. The Site may contain, or direct you to sites containing, information that some people may find offensive or inappropriate.

You acknowledge that Rudder may or may not pre-screen Content, but that Rudder and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, Rudder and its designees shall have the right to remove any Content that violates this Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Rudder or submitted to Rudder.

You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Rudder and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

Where applicable law does not allow the exclusions of implied warranties, the foregoing exclusions may not apply to you.

INDEMNITY

By using or accessing the Site, you agree to indemnify and hold harmless Rudder, its officers, directors, employees, successors, agents, stockholders, consultants and affiliates for any and all claims, damages, losses and causes of action (including attorneys’ fees and court costs) arising out of or relating to your breach or alleged breach (or the breach or alleged breach of any third party using your account) of this Agreement, use of the Services, or access to the Site (including without limitation, claims made by third parties for infringement of intellectual property rights). You agree to cooperate as fully as reasonably required in Rudder’s defense and/or settlement of any claim. Rudder reserves the right to assume exclusive control over the defense and settlement of any matter subject to indemnification by you.

EXCLUSION OF DAMAGES

NEITHER RUDDER, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, SUCCESSORS, OR AFFILIATES ARE RESPONSIBLE OR LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES OR FOR THE LOSS OF PROFITS, DATA OR LOSS OF USE DAMAGES, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE INFORMATION CONTAINED ON THE SITE, EVEN IF RUDDER OR ONE OR MORE OF THE FOREGOING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

LIMITATION OF LIABILITY

IN NO EVENT WILL RUDDER’S OR ITS SUPPLIERS’ TOTAL LIABILITY TO YOU OR ANY THIRD PARTY FROM ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE SITE OR PARTICIPATION IN THE RUDDER SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EXCEED THE AMOUNT OF $250.

CHOICE OF LAW, JURISDICTION, VENUE AND ARBITRATION

Rudder operates the Site from its offices within the United States. Rudder makes no representation that information on the Site is appropriate or available for use outside the United States. Those who choose to access the Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. This Agreement is governed by the laws of the State of Texas, excluding conflicts of law principles. Any legal actions against us must be commenced within one year after the claim arose. You consent to the exclusive jurisdiction of the state and federal courts located in Harris County, Texas. Any controversy or claim arising out of or relating to the Site or this Agreement will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Harris County, Texas, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. The award of the arbitrator shall be final and binding upon the parties without appeal or review except as permitted by Texas law. Notwithstanding the foregoing, Rudder may immediately seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect its rights or property (including intellectual property rights).

MISCELLANEOUS

No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Rudder in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Rudder shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Rudder’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with Rudder’s prior written consent. Rudder may transfer, assign or delegate this Agreement and its rights and obligations without consent.

COMMENTS, COMPLAINTS AND QUESTIONS

We welcome your feedback about the Site. However, any comments, ideas, notes, messages, suggestions or other communications sent to the Site shall be and remain the exclusive property of Rudder and we may use all such communications in any manner, including reproducing, disclosing and publishing such communications, all without notice or compensation to you. To the extent it is not possible or effective for you to transfer any interest you have in the foregoing feedback hereby, you hereby grant Rudder the perpetual, irrevocable, worldwide, royalty free and fully transferable and sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, publicly display and otherwise exploit such feedback (in whole or in part) for any purpose.

Should you have any questions or concerns regarding these terms and conditions, please email holler@rudder.com.

For purposes of the Digital Millennium Copyright Act, you may contact Rudder’s agent for service of notice at 410 Pierce Street, Suite 111, Houston, TX 77002, or by emailing DMCA@rudder.com. Please make sure that your notices fully comply with the requirements of such act.