Terms of Service
**1. Your RightImpulse.com Account and Site.** If you create a blog using this service, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. If your employer has rights to intellectual property you create, this agreement implies you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Right Impulse may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Right Impulse liability. You must immediately notify Right Impulse of any unauthorized uses of your blog, your account or any other breaches of security. Right Impulse will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
**2. Responsibility of Contributors.** If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, â€œContentâ€), You are entirely responsible for the content of, and any harm resulting from that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not obscene, libelous or defamatory, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Right Impulse or otherwise.
- By submitting Content to Right Impulse for inclusion on your Website, you grant Right Impulse a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content in any way deemed fit or appropriate by Right Impulse. If content is deleted, you acknowledge that caching or references to the Content may not be immediately removed. Without limiting any of those representations or warranties, Right Impulse has the right (though not the obligation) in Right Impulseâ€™s sole discretion to, (i) refuse to remove or to remove any content that, in Right Impulseâ€™s reasonable opinion, violates any Right Impulse policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Right Impulseâ€™s sole discretion. Right Impulse will have no obligation to provide a refund of any amounts previously paid. Right Impulse is under no obligation to remove any user generated content at the request of that user or any third party.
**3. Intellectual Property.** This Agreement does not transfer from Right Impulse to you any Right Impulse or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Right Impulse. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Right Impulse or third-party trademarks. For more information on the trademarks and servicemarks of Right Impulse and the use or inappropriate use thereof, please review Right Impulse’s copyright policy.
**4. Changes.** Right Impulse reserves the right, at its sole discretion, to modify or replace any part of this Agreement. These changes will be posted at http://www.RightImpulse.com/tos/. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Right Impulse may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
**5. Termination.** Right Impulse may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your RightImpulse.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
**6. Disclaimer of Warranties.** The Website is provided â€œas is.â€ Right Impulse and its suppliers hereby disclaim all representations and warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Right Impulse nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you read, use, download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
**7. Limitation of Liability.** Except as might be stated otherwise, neither Right Impulse, a subdivision of Eagle Publishing, Inc. nor any of its directors, employees, affiliates, associates or any other representatives will be liable for damages arising out of or in connection with the use of or downloading from this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damage , loss of data, income or profit, loss of or damage to property and claims of third parties.
**9. Indemnification.** You agree to indemnify and hold harmless Right Impulse, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneysâ€™ fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.
**10. Complete Integration.** This Agreement constitutes the entire agreement between Right Impulse and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Right Impulse, or by the posting by Right Impulse of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the District of Columbia, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in the District of Columbia.
**11. Legal Fees.** The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneysâ€™ fees.
**12. Severability.** If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the partiesâ€™ original intent, and the remaining portions will remain in full force and effect.
**13. Waiver.** A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
**14. Assignment of Rights and Delegation of Duties.** You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Right Impulse may assign its rights under this Agreement without condition.
**15. Failure to Enforce Shall Not Be Construed As a Waiver.** This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.