Terms of Use
These Terms of Use ("Terms") govern your access to and use of [www.relevancecapital.com] (the "Site"), operated by Relevance Capital ("Company," "we," "us," or "our"). By accessing or using the Site, you agree to be bound by these Terms. If you do not agree, do not use the Site.
1. Use of the Site
The Site and its content are provided for general informational purposes. You agree to use the Site only for lawful purposes and in a manner consistent with these Terms. You may not use the Site to violate any applicable law or regulation, transmit any harmful or malicious code, attempt to gain unauthorized access to the Site or its related systems, scrape, harvest, or collect data from the Site through automated means without our consent, or impersonate any person or entity or misrepresent your affiliation with any person or entity.
2. Intellectual Property
All content on the Site, including text, graphics, logos, images, and software, is owned by or licensed to Relevance Capital and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from any Site content without our prior written consent, except as necessary for normal, personal, non-commercial use of the Site.
3. User Submissions
If the Site allows you to submit information (for example, through a contact form), you represent that you have the right to submit it and that it does not violate the rights of any third party. You grant us a non-exclusive, royalty-free license to use such submissions for the purpose of responding to you and operating the Site.
4. Third-Party Links
The Site may contain links to third-party websites or services that are not owned or controlled by us. We are not responsible for the content, privacy policies, or practices of any third-party sites. Your use of third-party sites is at your own risk and subject to their own terms.
5. Disclaimer of Warranties
The Site and its content are provided on an "as is" and "as available" basis, without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Site will be uninterrupted, secure, or error-free, or that any content is accurate, complete, or current.
6. Limitation of Liability
To the fullest extent permitted by law, Relevance Capital and its officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill, arising from or related to your use of, or inability to use, the Site, even if we have been advised of the possibility of such damages. Nothing in these Terms limits liability that cannot be limited under applicable law.
7. Indemnification
You agree to indemnify and hold harmless Relevance Capital and its officers, employees, and agents from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of your use of the Site or your violation of these Terms.
8. Privacy
Your use of the Site is also governed by our Privacy Policy, which describes how we collect and use information, including the additional rights available to California residents under the CCPA/CPRA. By using the Site, you consent to the practices described in the Privacy Policy.
9. Changes to the Site or These Terms
We may modify, suspend, or discontinue the Site, or any part of it, at any time without notice. We may also update these Terms from time to time; changes take effect when posted, with a revised effective date. Continued use of the Site after changes are posted constitutes acceptance of the revised Terms.
10. Governing Law
These Terms are governed by the laws of the State of Tennessee, without regard to its conflict-of-laws principles, except that the Federal Arbitration Act ("FAA") governs the interpretation and enforcement of the Arbitration Agreement in Section 11.
11. Arbitration Agreement
Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court.**
Agreement to Arbitrate. Except as set forth below, you and Relevance Capital agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or your use of the Site (a "Claim") will be resolved by binding, individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, rather than in court, except that either party may bring an individual action in small claims court. The arbitration will be conducted by a single arbitrator and will take place in the county where you reside, or another mutually agreed location, or by videoconference or written submissions where permitted by the AAA rules.
Carve-Outs. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of a party's intellectual property or confidentiality rights, pending completion of arbitration.
Arbitrator's Authority. The arbitrator, not any court, has exclusive authority to resolve any dispute regarding the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or part of it is void or voidable, except that the Class Action Waiver in Section 12 will be enforced and interpreted by a court, not an arbitrator.
Fees. Payment of filing, administration, and arbitrator fees will be governed by the AAA's rules. We will pay costs specifically required by applicable law or AAA rules to keep this Arbitration Agreement enforceable.
Opt-Out. You may opt out of this Arbitration Agreement by sending written notice to dnewton@relevancecapital.com within 30 days of first accepting these Terms, stating your name and a clear statement that you wish to opt out of arbitration. If you opt out, only the arbitration provisions of this Section 11 will not apply to you; the remainder of these Terms, including the Class Action Waiver in Section 12, continues to apply to any dispute resolved in court.
12. Class Action Waiver
To the fullest extent permitted by law, you and Relevance Capital agree that any Claim, whether in arbitration or in court, will be brought only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, private attorney general, or representative action. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a class, collective, or representative proceeding. If a court or arbitrator determines that this Class Action Waiver is unenforceable as to a particular Claim or request for relief, that Claim or request must be severed and decided by a court of competent jurisdiction on an individual basis, and the remainder of the Arbitration Agreement and all other Claims will remain subject to this waiver.
13. California Consumer Notice
Under California Civil Code Section 1789.3, California resident users are entitled to the following consumer rights notice: if you have a question or complaint regarding the Site, you may contact us at dnewton@relevancecapital.com. California residents may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by phone at (800) 952-5210.
14. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
15. Entire Agreement
These Terms, together with the Privacy Policy, constitute the entire agreement between you and Relevance Capital regarding use of the Site and supersede any prior agreements.
16. Contact Us
Questions about these Terms can be directed to:
Relevance Capital
Email: dnewton@relevancecapital.com